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cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement I PAA PROCEEDING COSTS SUPPLEMENTARY BENEFITS ENDORSEMENT In consideration of the premium the General Terms and Conditions of the policy are amended as follows Solely with respect to the Professional Liability Coverage Part Section Il Supplementary Benefits of the General Terms and Conditions is amended to add the following HIPAA Proceeding HIPAA proceedings costs per HIPAA proceeding excluding Scheduled Providers 10000 HIPAA proceedings costs maximum aggregate per policy period excluding Scheduled Providers 10000 HIPAA proceeding costs per Scheduled Provider per HIPAA proceeding HIPAA proceedings costs per Scheduled Provider maximum aggregate per policy period We will reimburse HIPAA proceeding costs incurred by the insured as a result of a HIPAA proceeding up to the amounts set forth above provided that i such HIPAA proceeding is first commenced against the insured during the policy period and is reported to us within thirty 30 days of the insured s receipt of notice of such HIPAA proceeding ii the professional services wrongful act that is the subject of the HIPAA proceeding first happened on or after the retroactive date iii prior to the effective date of the policy period a no authorized insured knew or should have known of a HIPAA proceeding or a potential HIPAA proceeding and b no insured had given notice to a prior insurer of any related HIPAA proceeding. iv the named insured consents to the coverage provided by this endorsement for the insured who is the subject of such HIPAA proceeding. The coverage provided by this endorsement shall be specifically excess of any other insurance policy or risk transfer instrument available to the insured with respect to a HIPAA Proceeding. Any HIPAA proceedings costs that we pay pursuant to this endorsement will be in addition to the limits of liability. The General Terms and Conditions are amended to add the following A HIPAA proceeding will be deemed first commenced when any authorized insured first receives notice of a HIPAA proceeding made or brought against the insured whether an investigation complaint proceeding or other hearing. Section lll Definitions of the General Terms and Conditions is amended to add the following HIPAA proceedings costs mean attorney s fees and other reasonable costs expenses or fees resulting from the investigation or defense of a HIPAA Proceeding Form No CNA98667XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 2 Page 1 of 2 Policy Page 36 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement i those amounts that the insured entity is legally obligated to pay as a civil penalty or violation for a failure to comply with the Health Insurance Portability and Accountability Act HIPAA or any rules or regulations thereunder. HIPAA proceedings costs will not include salaries wages fees overhead or benefit expenses associated with any insured. Potential HIPAA Proceeding means a professional services wrongful act with respect to the insured s obligations under HIPAA that any authorized insured has reason to believe would give rise to a HIPAA proceeding. Related HIPAA Proceedings means HIPAA proceedings arising out of a single or related professional services wrongful act with respect to the insured s obligations under HIPAA. 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 CNA98667XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 2 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 37 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement I MEDIA EXPENSES SUPPLEMENTARY BENEFITS ENDORSEMENT In consideration of the premium the General Terms and Conditions of the policy are amended as follows I. Solely with respect to the Professional Liability Coverage Part Section Il Supplementary Benefits of the General Terms and Conditions is amended to add the following Media Expenses Reimbursement Media Expenses per adverse event 25000 Media expenses maximum in the aggregate per policy period 25000 We will reimburse the named insured for media expenses incurred as a result of an adverse event up to the applicable amount shown above for all media expenses maximum in the aggregate regardless of the number of adverse events in the policy period provided that i such adverse event first occurs during the policy period and is reported to us within thirty 30 days of the Insured s receipt of notice of such adverse event i any professional services wrongful act that is the subject of the adverse event took place on or after the retroactive date and iii prior to the effective date of the policy period a no authorized insured knew or should have known of such adverse event or a potential adverse event b c all media expenses are incurred within six 6 months following the authorized insured s discovery of such adverse event. no insured had given notice to a prior insurer of any related adverse event The coverage provided by this endorsement will be specifically excess of any other insurance policy or risk transfer instrument available with respect to media expenses. Any media expenses reimbursed by us pursuant to this endorsement will be in addition to the Limits of Liability. Il. The General Terms and Conditions are amended to add the following e An adverse event will be deemed to have first occurred at the earliest of when any authorized insured first receives notice of negative media attention arising out of a claim criminal investigation indictment administrative proceeding or government investigation made or brought against an insured related to or arising out of the rendering of professional services. Ill. Section lll Definitions of the General Terms and Conditions are amended to add the following e Adverse event means negative media attention arising out of a claim criminal investigation indictment administrative proceeding or government investigation made or brought against an insured related to or arising out of the rendering of professional services. o Media expenses mean the reasonable and necessary fees costs and expenses incurred by the named insured or subsidiary and consented to by us to address or manage an adverse event including fees of third party legal or public relations consultants with regard to addressing adverse publicity or media attention including preparation of statements press releases and interviews but solely to the extent that such consultants are specifically retained or hired by the named insured or subsidiary to manage or address the adverse event. Media expenses will not include Form No CNA98665XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 3 Page 1 of 2 Policy Page 38 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement a any amounts incurred with respect to an insured s defense against a claim criminal investigation indictment administrative proceeding or government investigation including any alleged violation of the Health Insurance Portability and Accountability Act or other patient privacy laws statutes or regulations b any damages fines violations or penalties the named insured is legally obligated to pay as a result of an adverse event or any claim c compensation fees benefits overhead charges or expenses of any insured d any defense costs expenses or supplementary benefits including attorney s fees which are covered pursuant to any other provision of this policy including attorney s fees of counsel retained to defend an insured in any claim. Potential adverse event means a professional services wrongful act that any authorized insured has reason to believe would give rise to an adverse event. Related adverse events means adverse events arising out of a single or related professional services wrongful acts. 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 CNA98665XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 3 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 39 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement I ISCIPLINARY PROCEEDINGS SUPPLEMENTARY BENEFITS ENDORSEMENT In consideration of the premium the General Terms and Conditions of the policy is amended as follows Section Il Supplementary Benefits of the General Terms and Conditions is amended to add the following Disciplinary Proceedings Disciplinary proceedings costs per disciplinary proceeding excluding Scheduled Providers 10000 Disciplinary proceedings costs maximum aggregate per policy period excluding Scheduled Providers 10000 Disciplinary proceeding costs per Scheduled Provider per disciplinary proceeding Disciplinary proceedings costs per Scheduled Provider maximum aggregate per policy period We will reimburse disciplinary proceeding costs incurred by the insured as a result of a disciplinary proceeding up to the applicable amount set forth above provided that i such disciplinary proceeding is first commenced against the insured during the policy period and is reported to us within thirty 30 days of the insured s receipt of notice of such disciplinary proceeding i any professional services wrongful act that is the subject of the disciplinary proceeding happened on or after the retroactive date iii prior to the effective date of the policy period a no authorized insured knew or should have known of a disciplinary proceeding or a potential disciplinary proceeding b no insured had given notice to a prior insurer of any related disciplinary proceeding and iv the named insured consents to the coverage provided by this endorsement for the insured who is the subject of such disciplinary proceeding. Any disciplinary proceedings costs reimbursed by us pursuant to this endorsement will be in addition to the Limits of Liability. Section lll Definitions of the General Terms and Conditions is amended to add the following definitions Disciplinary proceeding means any pending matter including an initial inquiry before a state or federal licensing board to investigate charges alleging a violation of any rule of professional conduct in the performance of professional services. Disciplinary proceeding does not include any complaint or proceeding instituted against an insured by the Department of Health and Human Services or a HIPAA proceeding. Disciplinary proceedings costs mean reasonable and necessary attorney fees charged by an attorney selected by the insured and other reasonable and necessary fees costs and expenses paid to third parties in the defense of a di linary proceeding. Disciplinary proceedings costs will not include salaries wages fees overhead or benefit expenses associated with any insured. Potential disciplinary proceeding means a professional services wrongful act that any authorized insured has reason to believe would give rise to a disciplinary proceeding. Related disciplinary proceedings mean disciplinary proceedings arising out of a single or related professional services wrongful acts. Form No CNA98664XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 4 Page 1 of 2 Policy Page 40 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement 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 CNA98664XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 4 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 41 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement I CLAIMS OUISIANA PCF CLAIMS AND CONTINGENT COVERAGE S OF LIABILITY ENDORSEMENT Claims Made and Reported Coverage Part In consit ideration of the premium the Professional Liability Claims Made and Reported Coverage Part and the Policy Declarations are amended as follows I. Pursuant to Chapter 5 Part XXIIl Section 1299.42 of the Louisiana Medical Malpractice Act and solely with respect to Louisiana PCF Claims the Professional Liability Limits of Liability set forth on the Policy Declarations are deleted and replaced with the following Schedule A Na me of insured Retroactive Professional Professional Date Liabilitv PL Liability PL Retroactive Date Professional Liability PL Limit of Liability Each Louisiana PCF claim Limit Schedule A Name of insured Retroactive Professional Professional Date Liability PL Liability PL Limit of Liability Aggregate Limit of Each Louisiana Liability PCF claim Limit All Louisiana PCF claims In the Aggregate Limit A. The insureds listed on Schedule A above shall have the Each Louisiana PCF Claim Limit of Liability and the all Louisiana PCF Claims in the Aggregate Limit of Liability in the amount set forth opposite the name of such insured on the Schedule. Such insureds shall not share those limits of liability with any other insured except any insured entity set forth on Schedule A. above shall share its Limits of Liability with its insured executive officers and employees including those who are qualified as participating providers in the Patient Compensation Fund as additional insureds of such entity. An insured entity shall not share its limits with any of its insured executive officers or employees who are required to individually qualify for Fund participation. B. Any Retroactive Date scheduled above will apply to such scheduled insured and replace any applicable retroactive date on the Policy Declarations for purposes of the coverage afforded by this endorsement. Solely with respect to coverage pursuant to the terms of this endorsement the first sentence of Section I Insuring Agreement is deleted and replaced with the following We will pay on behalf of an insured damages up to the applicable Limit of Liability as a result of a Louisiana PCF claim or contingent coverage claim first made against the insured and reported to us during the policy period for a professional services wrongful act that Section lll Coverage Part Exclusions is amended by adding the following Exclusion We will not defend or pay any claim that would have been payable by the Patient Compensation Fund or other similar fund but for the failure to pay or to pay when due the applicable fund surcharge whether such failure is inadvertent or otherwise or but for the failure to comply with any other Fund requirement. This provision applies whether or not the failure to pay or comply is on the part of any insured courtesy filer designated or resident agent or any other person or entity.. Solely with respect to Louisiana PCF claims the Professional Liability Coverage Part Section IV Specific Coverage Part Limits of Liability Related Claims and Retentions paragraph A Limit of Liability Each Claim and paragraph B Coverage Part Limit of Liability all claims in the Aggregate are deleted and replaced with the following Form No CNA98707XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 5 Page 1 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 42 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement VI A. Limit of Liability each Louisiana PCF claim Subject to paragraph B below the most we will pay for damages for each Louisiana PCF claim is set forth opposite the name of the insureds listed on Schedule A above as the each Louisiana PCF Claim Limit of Liability. The Each Louisiana PCF Claim limit of liability is the most we will pay under this policy for claims for injury or death of any one patient including any claim for loss of services andor for mental distress. B. Limit of Liability all Louisiana PCF Claims in the Aggregate The most we will pay for damages for all Louisiana PCF claims in the Aggregate shall not exceed the amount set forth opposite the name of the insureds listed on Schedule A above. The all Louisiana PCF claims in the Aggregate limit of liability is the most we will pay under this Coverage Part for all claims for injury or death of any patient including all claims for loss of services andor for mental distress. Subject to paragraphs A and B above the each Louisiana PCF claim and all Louisiana PCF claims in the Aggregate Limits of Liability are separate limits of liability and apply separately to each insured listed on Schedule A above. Solely with respect to contingent coverage claims the Professional Liability Limits of Liability set forth on the Policy Declarations and the Professional Liability Coverage Part Section V Specific Coverage Part Limits of Liability Related Claims and Retentions paragraph A Limit of Liability Each Claim and paragraph B Coverage Part Limit of Liability all claims in the Aggregate are deleted and replaced with the following A. Limit of Liability Each Contingent Coverage Claim 1000000 Subject to paragraph B below the Each Contingent Coverage Claim Limit of Liability set forth above is the most we will pay for damages for each contingent coverage claim. B. Coverage Part Limit of Liability all Contingent Coverage Claims in the Aggregate 6000000 Subject to the Professional Liability Aggregate Limit of Liability Item 4A of the Policy Declarations and subject to the 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 contingent coverage claims afforded coverage in this Coverage Part is set forth above as the all Contingent Coverage Claims in the Aggregate limit. This all Contingent Coverage Claims in the Aggregate Limit of Liability subject to the provisions of this policy is the most we will pay as damages for all contingent coverage claims regardless of the number of claims insureds incidents parties or requests for coverage in this Coverage Part. The contingent coverage claim limits of liability paragraphs A and B above are shared Limits of Liability and are included within and erode the Professional Liability Limits of Liability set forth on the Policy Declarations and the Combined Maximum Aggregate if any listed on the Policy Declarations. Section Il Definitions is amended by adding the following definitions Contingent coverage claim means any claim which is brought against a qualified provider but is not subject to the Patient Compensation Fund provisions of the Louisiana Medical Malpractice Act or any similar fund established for the payment of claims for injury or death due to professional malpractice and any claim in which the applicable statutory limitation on the total amount recoverable for injury or death does not apply due to legislative action or final non appealable adjudication. A contingent coverage claim does not include any claim that would have been payable by the Patient Compensation Fund or other similar fund but for the failure to pay or to pay when due the applicable fund surcharge whether such failure is inadvertent or otherwise or but for the failure to comply with any other Fund requirement. This provision applies whether or not the failure to pay or comply is on the part of any insured courtesy filer designated or resident agent or any other person or entity. Healthcare Facilities and Providers Plus Coverage Part Endorsement Form No CNA98707XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 5 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 43 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part Endorsement Louisiana PCF Claim means a claim which is brought against a qualified provider subject to the Patient Compensation Fund provisions of the Louisiana Medical Malpractice Act or any similar Fund established for the payment of such claims. However a Louisiana PCF Claim does not include any claim that would have been payable by the Louisiana Patient Compensation Fund or other similar Fund but for the failure to pay or to pay when due the applicable Fund surcharge whether or not such failure is inadvertent or but for the failure to otherwise comply with any other Fund requirement. This provision applies whether or not the failure to pay or to comply is on the part of any Insured courtesy filer designated or resident agent or any other person or entity. Qualified provider means a healthcare provider meeting the criteria to participate in the Louisiana Patient Compensation Fund pursuant to the terms of the Louisiana Medical Malpractice Act. 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 CNA98707XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 5 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 44 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement RGINIA CLAIMS LIMITS OF LIABILITY ENDORSEMENT I Subject Combined Maximum Aggregate In consideration of the premium the policy is amended as follows I. The Professional Liability Coverage Part Section IV Specific Coverage Part Limits of Liability Related Claims and Retentions paragraph A Limit of Liability each claim and paragraph B Coverage Part Limit of Liability all claims in the Aggregate and the Professional Liability Limits of Liability set forth on the Policy Declarations are amended with the addition of the following Limits of Liability applicable solely to Virginia claims A. Limit of Liability each Virginia claim Subject to paragraph B of this endorsement below the most we will pay for damages for any one Virginia claim shall be equal to the applicable amount established as the limitation on recovery for any injury to or death of a patient in an action for malpractice against a health care provider set forth in and pursuant to Va. Code Ann. Section 8.01 581.15. B. Limit of Liability all Virginia claims in the Aggregate The most we will pay for damages for all Virginia claims afforded coverage in this Coverage Part will not exceed three times the applicable each Virginia claim limit as set forth in paragraph 1A of this endorsement. C. The each Vil ia claim and all Vil a claims in the Aggregate Limits of Liability set forth in paragraphs A and B of this endorsement are the exclusive limits of liability applicable to Virginia claims and are in addition to the PL Limits of Liability set forth on the Policy Declarations. D. Notwithstanding paragraph C above the each Virginia claim and all Virginia claims in the Aggregate Limits of Liability set forth in paragraphs A and B of this endorsement shall erode the Combined Maximum Aggregate Limit of Liability set forth in Item 7 on the Policy Declarations. Il. The Professional Liability Coverage Part Section Il Definitions is amended by adding following definition Virginia claim means a claim arising out of a professional services wrongful act to which this Coverage Part applies that is subject to the limitation on recovery for any injury to or death of a patient in an action for malpractice against a health care provider as established by Va. Code Ann. Section 8.01 5681.15. 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 CNA98709XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 6 Page 1 of 1 Policy Page 45 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement ABUSE AND MOLESTATION Defense Costs Only In consideration of the premium solely with respect to the Professional Liability Coverage Part the policy is amended as follows. Section IV Specific Coverage Part Limits of Liability Related Claims and Retentions of the Professional Liability Coverage Part is amended to add the following Sublimit of Liability 1000000 each abuse and molestation claim Limit of Liability defense costs only 1000000 abuse and molestation claim Aggregate Sublimit of Liability A. Subject to the Professional Liability Retention or Deductible set forth in Item 4B of the Policy Declarations if any the each abuse and molestation claim Limit of Liability defense costs only set forth above is the most we will pay for defense costs for each abuse and molestation claim. B. The abuse and molestation claim Aggregate Sublimit of Liability set forth above is the most we will pay for all defense costs for all abuse and molestation claims in the aggregate regardless of the number of abuse and molestation claims insureds incidents parties or requests for coverage in this Coverage Part. C. The abuse and molestation claim Aggregate Sublimit of Liability is the exclusive Limit of Liability applicable to abuse and molestation claims and will be part of and not in addition to the Professional Limit of Liability set forth in Item 4 of the Policy Declarations. Il. Solely with respect to the coverage afforded by this endorsement the Abuse and Molestation exclusion in Section IV Exclusions Applicable to All Coverage Parts is amended to add the following Provided this exclusion will not apply to the abuse and molestation claim Sublimit of Liability for defense costs only. 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 CNA98771XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 7 Page 1 of 1 Policy Page 46 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part I GENERAL LIABILI Y COVERAGE PART INSURING AGREEMENTS A. Bodily Injury and Property Damage Liability Coverage We will pay on behalf of an insured damages up to the applicable Limit of Liability as a result of a claim for bodily injury or property damage provided that i the bodily injury or property damage is caused by an occurrence i the bodily injury or property damage occurs during the policy period and iii prior to the effective date of the policy period no authorized insured knew the bodily injury or property damage had occurred in whole or in part. In the event any authorized insured knew prior to the policy period that any bodi jury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. An authorized insured will be deemed to know that such bodily injury or property damage occurred at the earliest time when any authorized insured a reports all or any part of such bodily injury or property damage to us or to any other insurer b becomes aware by any other means that such bodily injury or property damage has occurred or has begun to occur or c knew or should have known of a claim or an occurrence that may give rise to a claim. Personal and Advertising Injury Liability Coverage We will pay on behalf of an insured damages up to the applicable Limit of Liability Limit as a result of a claim for personal and advertising injury provided that i the personal and advertising injury is caused by an offense arising out of an insured entity business and ii the offense was first committed during the policy period. An offense will be deemed first committed on the date of the first utterance or dissemination or if there is no dissemination or utterance on the first date of the activity giving rise to a claim. We will pay defense costs in connection with a covered claim in A or B above. Such defense costs are in addition to the applicable Limit of Liability. C. Medical Payments Coverage Regardless of fault we will pay medical expenses up to the applicable limit for bodily injury caused by an accident provided that the accident occurs during the policy period and takes place i on premises that an insured entity owns or rents ii on ways next to premises that an insured entity owns or rents or iii as a result of an insured entity s business operations. Provided the injured person must submit to examinations at our expense by physicians or other applicable professional health care providers of our choice as often as we reasonably require. Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 1 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 47 of 78 Copyright CNA All Rights Reserved. ualty Company 151 N Franklin St Chicago IL 60606 | 0 |
CNA Healthcare Facilities and Providers Plus Coverage Part Il. DEFINITIONS Any defined word not defined in this Coverage Part will have the meaning assigned to it in the General Terms and Conditions. Accident means a sudden and unintended event that causes bodily injury to a third party regardless of fault. Additional insured means any person or entity to whom or to which an insured entity is obligated by a written contract agreement or permit i to add to this policy as an additional insured for its liability and ii to hold harmless or indemnify such person or entity provided such person or entity is an insured solely for bodily injury or property damage arising out of an occurrence or personal and advertising injury arising out of an offense for which such person or entity is vicariously liable because of acts or omissions committed by the insured and only to the extent of the limits of insurance required by such contract agreement or permit not to exceed the Limits of Liability of this policy. Provided such written contract agreement or permit was executed prior to the bodily injury property damage or offense giving rise to the claim. There will be no coverage available for any actual or alleged bodily injury property damage or personal and advertising injury arising out of the acts or omissions by any additional insured. Employee means a person whose work is engaged and directed by an insured entity including any permanent part time seasonal leased or loaned workers temporary workers students and volunteers. An employee will not include an independent contractor. 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. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. Fungi will not include any fungi intended by an insured for human consumption. Impaired property means tangible property other than insured product or insured work that can not be used or is less useful because i it incorporates insured product or insured work that is known or thought to be defective deficient inadequate or dangerous or i the insured entity has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of insured product or insured work or the insured entity s fulfilling the terms of the contract or agreement. Insured contract means i a contract for a lease of premises provided that portion of the contract for a lease of premises that indemnifies any person or entity for damage by fire to premises while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner is not an insured contract ii a sidetrack agreement iii any easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad iv an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality v an elevator maintenance agreement or Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 2 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 48 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 48 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part vi that part of any other contract or agreement pertaining to the insured entity s business including an indemnification of a municipality in connection with work performed for a municipality under which the insured entity assumes the tort liability of another party to pay for bodily injury or property damage to a third person or entity. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract will not include that part of any contract or agreement a that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing b that indemnifies an architect engineer or surveyor for bodily injury or property damage arising out of i. preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or ii. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or c under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in paragraph b above and supervisory inspection architectural or engineering activities. Insured person means i any natural person additional insured i any executive officer but only with respect to the normal course of conduct of the insured enti business iii the insured entity s stockholders but only with respect to their liability as stockholders iv any employee but only for acts within the scope of their employment by the insured entity or while performing duties related to the conduct of the insured entity s business. Provided none of these employees is an insured person for a bodily injury or personal and advertising injury i. to aninsured entity to an executive officer or to a co employee while such injured person is either in the course of his her their employment or performing duties related to the conduct of the insured entity s business ii. to the spouse domestic partner child parent brother or sister of such injured person as a consequence of paragraph i. above or iii. for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs i. or ii. above b property damage to property i. owned occupied or used by ii. rented to in the care custody or control of or over which physical control is being exercised for any purpose by the insured entity any of its employees or executive officers or v any person other than an employee or any entity while acting as the insured entity s real estate manager. Insured persons will not include independent contractors. Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 3 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 49 of 78 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 49 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part Insured product means any i goods or products other than real property manufactured sold handled distributed or disposed of by a the insured entity b others trading under the insured entity s name or c a person or entity whose business or assets the insured entity has acquired i containers other than vehicles materials parts or equipment furnished in connection with such goods or products or iii warranties or representations made at any time with respect to the fitness quality durability performance or use of the insured product and the providing of or failure to provide warnings or instructions. Insured product will not include vending machines or other property rented to or located for the use of others but not sold. Insured work means i work or operations performed by the insured entity or on the insured entity s behalf andor ii materials parts or equipment furnished in connection with such work or operations as described in i. Insured work also includes warranties or representations made at any time with respect to the fitness quality durability performance or use of insured work and the providing of or failure to provide warnings or instructions. Lead means the element lead in any form including its use or presence in any alloy compound byproduct or other material waste. Waste includes but is not limited to materials to be recycled reconditioned or reclaimed. Loading or unloading means the handling of property i after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto ii while it is in or on an aircraft watercraft or auto or while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. Loading or unloading will not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Medical expenses mean reasonable and necessary expenses of an injured person incurred as a result of an accident and reported to us within one year of the date of such accident for i first aid administered at the time of the accident i medical surgical x ray and dental services including prosthetic devices ambulance hospital professional nursing services and iv funeral services. Microbes mean any non fungal microorganism or non fungal organism that causes infection or disease including bacteria viruses protozoa archaea protein e.g. prions or any colony or group of the foregoing. Microbes include any spores mycotoxins odors or any other substances products or by products produced by released by or arising out of the current or past presence of microbes. Nuclear facility means i any nuclear reactor Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 4 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 50 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 50 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part i any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging nuclear waste iii 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 any insured at the premises where such equipment is located consists of or contains more than a twenty five 25 grams of plutonium or uranium 233 or any combination thereof or b two hundred and fifty 250 grams of uranium 235 iv any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste or v the site on which any of the above i iv is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as defined in the Atomic Energy Act of 1954. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear waste means waste material i containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 content and i resulting from the operation by any person or entity of a nuclear facility included within paragraphs i and i of the definition of nuclear facility. Products completed operations hazard means bodily injury or property damage occurring away from premises the insured entity owns or rents and arising out of an insured product or insured work except i products that are still in the insured entity s physical possession or i work that has not yet been completed or abandoned. For purposes of products completed operations hazard insured work will be deemed completed at the earliest of the following a b when all of the work called for in the insured entity s contract has been completed when all of the work to be done at the job site has been completed if the insured entity s contract calls for work at more than one job site or c when that part of the work done at a job site has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be deemed completed. Products completed operations hazard will not include bodily injury or property damage arising out of the a transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured entity and that condition was created by the loading or unloading of that vehicle by any insured or Healthcare Facilities and Providers Plus Form No CNA98662XX 10 2020 Coverage Part Page 5 of 15 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 51 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part b existence of tools uninstalled equipment or abandoned or unused materials. Radioactive properties mean any radioactive toxic or explosive properties. Related claim means with respect to i bodily injury or property damage coverage all claims arising out of the same occurrence or related occurrences i personal and advertising related offenses. injury coverage all claims arising out of the same offense or arising out of Related occurrences mean all occurrences giving rise to bodily injury or property damage 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 or events. Related offenses mean all offenses giving rise to personal and advertising injury 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 or events. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor.. COVERAGE PART EXCLUSIONS A. Exclusions Applicable to Bodily Injury and Property Damage Liability Coverage andor Personal and Adbvertising Injury Liability Coverage This Coverage Part does not apply to any claim damages defense costs expenses fees or loss i FUNGI OR MICROBES EXCLUSION based on or arising out of a any actual alleged or threatened contaminative infectious pathogenic toxic or other hazardous properties of fungi or microbes by any means including inhalation of ingestion of contact with exposure to existence of transmission of or growth or presence of any fungi or microbes or b any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened contaminative infectious pathogenic toxic or other hazardous properties of fungi or microbes by any means including inhalation of ingestion of contact with exposure to existence of transmission of or growth or presence of any fungi or microbes or c any i. request demand or order that you or others undertake the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else or ii. any claim or other proceeding by or on behalf of a government authority or others for the testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing remediating or disposing of or in any way responding to or assessing the effects of any fungi or microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Provided this exclusion will not apply to any claim arising from fungi where the insured entity s business includes food processing sales or serving and the bodily injury is caused solely by food poisoning in Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 6 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 52 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part connection with such processing sales or serving i INSURED AGAINST INSURED iii iv V with respect to any claim initiated alleged or caused to be brought by any insured covered by this policy against any other insured covered by this policy LEAD based on or arising out of a any actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of lead or b any i. request demand or order that any insured test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effect of lead or ii. claim or other proceeding by or on behalf of a government authority or others for the testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead NUCLEAR WASTE based on arising out of directly or indirectly resulting from in any way involving or attributable to any claim request demand order or legal liability directly or indirectly caused by involving attributed to or arising from a ionizing radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel or b the radioactive toxic explosive or other radioactive properties of any explosive nuclear assembly or nuclear component thereof PROFESSIONAL SERVICES because of bodily injury property damage or personal and advertising injury arising out of any actual or alleged act error or omission with respect to professional services rendered by or that should have been rendered by a an insured or b any person or entity i. for whose acts errors or omissions an insured is legally responsible or ii. from whom an insured assumed liability by reason of a contract or agreement vi WAR because of bodily injury property damage or personal and advertising injury based on or arising out of or in connection with war provided this exclusion does 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. B. Exclusions Applicable Only to Bodily Injury and Property Damage Liability Coverage This Coverage Part does not apply to any claim damages defense costs expenses fees or loss i AIRCRAFT HELIPAD AUTO OR WATERCRAFT because of bodily injury or property damage based on arising out of or any way involving any actual or alleged ownership maintenance use including operation and loading or unloading or Healthcare Facilities and Providers Plus Form No CNA98662XX 10 2020 Coverage Part Page 7 of 15 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 53 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part ii iii entrustment to others of any aircraft helipad auto or watercraft owned or operated by or rented or loaned to any insured. 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 such insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft helipad auto or watercraft that is owned or operated by or rented or loaned to any insured. Provided this exclusion will not apply to a watercraft while ashore on premises the insured entity owns or rents b watercraft the insured entity does not own that is i. less than twenty six 26 feet long and ii. not being used to carry persons or property for a charge c parking an auto on or on the ways next to premises the insured entity owns or rents provided the auto is not owned by or rented or loaned to any insured d liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft e bodily injury or property damage arising out of i. the operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or ii. the operation of any of the machinery or equipment listed in paragraph vib cherry pickers etc. or vic air compressors etc. of the definition of mobile equipment or f damage by fire to premises while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner CONTRACTUAL LIABILITY because of bodily injury or property damage for which the insured is obligated to pay damages by reason of contractual lial y. Provided this exclusion will not apply to liability for damages voluntarily undertaken in an insured contract and the bodily injury or property damage occurs subsequent to the execution of such insured contract. Solely for the purposes of liability assumed in an insured contract reasonable attorney 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 attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged DAMAGE TO IMPAIRED PROPERTY OR PROPERTY NOT PHYSICALLY INJURED based on or arising out of property damage to impaired property or property that has not been physically injured arising out of any actual or alleged a defect deficiency inadequacy or dangerous condition in the insured product or insured work or Form No CNA98662XX 10 2020 Coverage Part Page 8 of 15 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 54 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part iv b delay or failure by the insured entity or anyone acting on the insured entity s behalf to perform a contract or agreement in accordance with its terms. Provided this exclusion will not apply to i. the loss of use of other property arising out of sudden and accidental physical injury to the insured product or insured work after it has been put to its intended use ii. damage by fire to premises while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner DAMAGE TO INSURED PRODUCT based on or arising out of property damage to insured product arising out of it or any part of it provided this exclusion 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 v DAMAGE TO INSURED WORK vi based on or arising out of property damage to insured work arising out of it or any part of it and included in the products completed operations hazard. Provided this exclusion will not apply i. if the damaged work or the work out of which the damage arises was performed on the insured entity s behalf by a subcontractor ii. to damage by fire to premises while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner DAMAGE TO PROPERTY THE INSURED ENTITY OWNS OR IN ITS CARE CUSTODY OR CONTROL property damage to a property the insured entity owns rents or occupies including any costs or expenses incurred by the insured entity or any other person entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b premises the insured entity sells gives away or abandons if the property damage arises out of any part of those premises c d e property loaned to the insured entity personal property in the care custody or control of the insured that particular part of real property on which the insured entity or any contractors or subcontractors working directly or indirectly on the insured entity s behalf are performing operations if the property damage arises out of those operations or f that particular part of any property that must be restored repaired or replaced because insured work was incorrectly performed on it. Paragraphs a b and c of this exclusion will not apply to property damage other than damage by fire to premises including the contents of such premises rented to the insured entity for a period of seven 7 or fewer consecutive days. Paragraph b of this exclusion will not apply if the premises are insured work and were never occupied rented or held for rental by the insured entity. Paragraphs c d e and f of this exclusion will not apply to liability assumed under a sidetrack agreement. Form No CNA98662XX 10 2020 Coverage Part Page 9 of 15 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 55 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part Paragraph f of this exclusion will not apply to property damage included in the products completed operations hazard. Further provided this exclusion 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 vii EXPECTED OR INTENDED INJURY bodily injury or property damage expected or intended from the standpoint of the insured. Provided this exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property viii 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 slogan ix LIQUOR LIABILITY bodily injury or property damage for which any insured may be held liable by reason of a causing or contributing to the intoxication of any person b the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if the insured entity is in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Provided this exclusion 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 MOBILE EQUIPMENT x bodily injury or property damage arising out of any actual or alleged a transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or b use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. Provided this exclusion 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 xi NUCLEAR ENERGY a for which an insured has coverage under a nuclear energy liability policy issued by the Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or iv. any successor or assign of the entities set forth in i iii above. This Coverage Part also will not apply if such coverage did exist but was terminated by the exhaustion of the insured s applicable limit of liability. b resulting from the radioactive properties of nuclear material for which an insured Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 10 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 56 of 78 Copyright CNA All Rights Reserved. | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part was required to maintain financial protection under the Atomic Energy Act of 1954 or regulation that applies thereto or was entitled to indemnity by the United States government or any agency thereof or would have been entitled to had this policy not been issued. c resulting from the radioactive properties of nuclear material if the nuclear material a. is at any nuclear facility owned by or operated by or on behalf of an insured or b. has been discharged or dispersed therefrom the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or the bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion property damage also includes all forms of radioactive contamination of property xii PERSONAL AND ADVERTISING INJURY bodily injury arising out of personal and advertising injury xiiiRECALL OF PRODUCTS WORK OR IMPAIRED PROPERTY actual or alleged damages claimed for any loss cost or expense incurred by the insured entity or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a insured product b insured work or c impaired property if ab or c is withdrawn or recalled from the market or from use by any person or entity because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Provided this exclusion 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 xivWORKERS COMPENSATION AND SIMILAR LAWS any actual or alleged obligation of the insured under workers compensation disability benefits or unemployment compensation law or any similar law. Provided this exclusion 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. C. Exclusions Applicable Only to Personal and Advertising Injury Liability Coverage This Coverage Part does not apply to any claim damages defense costs expenses fees or loss because of personal and advertising injury i ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION Form No CNA98662XX 10 2020 Coverage Part Page 11 of 15 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 57 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part based on or arising out of any actual or alleged access to or disclosure of any protected information from unauthorized use or disclosure i BREACH OF CONTRACT based on or arising out of any actual or alleged breach of contract except an implied contract to use another s advertising idea in the insured entity s advertisement i CONTRACTUAL LIABILITY for which the insured is obligated to pay actual or alleged damages by reason of contractual liability iv ELECTRONIC CHAT ROOMS OR BULLETIN BOARDS based on or arising out of an electronic chat room bulletin board or website the insured hosts owns or over which the insured exercises control INFRINGEMENT OF COPYRIGHT PATENT TRADEMARK OR TRADE SECRET V based on or arising out of any actual or alleged infringement of copyright patent trademark trade secret trade dress trade slogan or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the insured entity s advertisement. Provided this exclusion will not apply to infringement of copyright trade dress or slogan in the insured entity s advertisement vi INSUREDS IN MEDIA AND INTERNET TYPE BUSINESSES committed by an insured whose business is a advertising broadcasting publishing or telecasting b designing or determining content or web sites for others or c an Internet search access content or service provider. Provided this exclusion will not apply to paragraph ii of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured entity or others anywhere on the internet is not by itself considered the business of advertising broadcasting publishing or telecasting vii KNOWING VIOLATION OF RIGHTS OF ANOTHER caused by or at the direction of the insured if the insured knew or should have known that the act would cause personal and advertising injury viii MATERIAL PUBLISHED WITH KNOWLEDGE OF FALSITY based on or arising out of any actual or alleged oral or written publication of material if the insured knew or should have known the material was false ix QUALITY OR PERFORMANCE OF GOODS FAILURE TO CONFORM TO STATEMENTS based on or arising out of any actual or alleged failure of goods products or services to conform to any statement of quality or performance made in the insured entity s advertisement UNAUTHORIZED USE OF ANOTHER S NAME OR PRODUCT x based on or arising out of any actual or alleged unauthorized use of another s name or product in the insured entity s email address domain name or metatag or any other similar conduct or tactics to mislead another s potential customers or xi WRONG DESCRIPTION OF PRICES based on or arising out of any actual or alleged wrong description of the price of goods products Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 12 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 58 of 78 Copyright CNA All Rights Reserved. | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part or services stated in the insured entity s advertisement. D. Exclusions Applicable Only to Medical Payment Coverage This Coverage Part does not apply to any medical expenses for bodily injury i ANY INSURED to any insured except volunteers i ATHLETICS ACTIVITIES to a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests iii EXCLUSIONS APPLICABLE TO BODILY INJURY for any bodily injury that is otherwise excluded under any exclusion in this Coverage Part iv HIRED PERSON to a person hired to do work for or on behalf of any insured or a tenant of any insured v INJURY ON NORMALLY OCCUPIED PREMISES to a person injured on that part of premises the insured entity owns or rents that the person normally occupies vi NUCLEAR ENERGY LIABILITY resulting from the radioactive properties of nuclear materials and arising out of the operation of a nuclear facility by any person or entity vii PRODUCTS COMPLETED OPERATIONS HAZARD included within the products completed operations hazard or viii 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. IV. DEFENSE OF YOUR INSURED CONTRACT INDEMNITEE Subject to Section V Duty to Defend and Exhaustion of Limits of the General Terms and Conditions if we have the right and duty to defend you in any covered claim and your indemnitee is also named as a party to the claim we will defend that indemnitee if all of the following conditions are met i the claim against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured contract i this insurance applies to such liability assumed by you iii the obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same insured contract iv the allegations in the claim and the information we know about the occurrence are such that no conflict appears to exist between your interests and the interests of the indemnitee v you and the indemnitee ask us to conduct and control the defense of that indemnitee against such claim and agree that we can assign the same counsel to defend you and the indemnitee and vi the indemnitee agrees in writing to a follow the requirements of Section VI Assistance and Cooperation of the General Terms and Conditions Form No CNA98662XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 13 of 15 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 59 of 78 Copyright CNA All Rights Reserved. Healthcare Facilities and Providers Plus Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 59 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part b notify any other insurer whose coverage may be available to the indemnitee and cooperate with us with respect to coordinating any other insurance applicable to the indemnitee and c authorize us to conduct and control the defense of the indemnitee. If all of the above conditions are met notwithstanding the provisions of the second paragraph in Exclusion Bii Contractual Liability such payments will not be deemed to be damages for bodily damage. Rather the reasonable and necessary attorney fees and litigation expenses we incur in the defense of that indemnitee will be paid as defense costs and will not reduce the applicable limit of liability. Any coverage will be subject to the applicable Retention or Deductible if any. This obligation ends when we have used up the applicable General Liability Aggregate Limit in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in paragraph vi above are no longer met. V. SPECIFIC COVERAGE PART LIMITS OF LIABILITY RELATED CLAIMS AND RETENTIONS A. Bodily Injury and Property Damage Liability Each Occurrence Limit Subject to the GL Aggregate Limit or the Products Completed Operations Aggregate Limit whichever applies the each occurrence limit set forth in Item 5A of the Policy Declarations is the most we will pay for the sum of damages for all bodily injury and property damage arising out of any one occurrence. All related claims based on or arising out of the same or related occurrences will be deemed to be a single claim and subject to any applicable Retention or Deductible the each occurrence limit applicable to the policy period when the earliest of such occurrences took place will apply to such claim. Personal and Advertising Injury Each Person or Entity Limit Subject to the GL Aggregate Limit the Personal and Advertising Injury Limit set forth in Item 5B of the Policy Declarations is the most we will pay under Personal and Advertising Injury Coverage for the sum of all damages for all personal and advertising injury sustained by any one person or entity. In determining the limit available for damages because of personal and advertising injury to any one person or entity or in the aggregate all related offenses shall be deemed to be one offense that was first committed on the date of the first utterance or dissemination or if there is no dissemination or utterance on the first date of the activity giving rise to a claim. As such if an offense is first committed during the policy period all personal and advertising injury arising out of such offense and all such related offenses whenever committed will be subject to the each person or entity limit and the GL Aggregate Limit set forth in Item 5 of the Policy Declarations and any applicable Retention or Deductible of the policy period in which such first offense was committed. Medical Payments Coverage By Any One Person Limit Subject to the Bodily Injury and Property Damage Liability Each Occurrence Limit the Medical Payments Limit set forth in Item 5C of the Policy Declarations is the most we will pay for all medical expenses for bodily injury caused by an accident and sustained by any one person. Damage to Rented Property Each Premises Limit Subject to the Bodily Injury and Property Damage Liability Each Occurrence Limit the Damage To Rented Property Each Premises Limit set forth in Item 5D of the Policy Declarations is the most we will pay for damages because of property damage to any one premises while rented to the insured entity or in the case of damage by fire while rented to the insured entity or temporarily occupied by the insured entity with permission of the owner. General Liability Aggregate Limit GL Aggregate Limit The GL Aggregate Limit set forth in Item 5E of the Policy Declarations is the most we will pay for the sum of Form No CNA98662XX 10 2020 Coverage Part Page 14 of 15 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 60 of 78 | 1 |
CNA Healthcare Facilities and Providers Plus Coverage Part i damages under Bodily Injury and Property Damage Liability Coverage except for damages for bodily injury or property damage included in the products completed operations hazard ii damages under Personal And Advertising Injury Liability Coverage and iii medical expenses under Medical Payments Coverage. F. Products Completed Operations Aggregate Limit The Products Completed Operations Aggregate Limit set forth in Item 5F of the Policy Declarations is the most we will pay under Bodily Injury and Property Damage Liability Coverage for damages for bodily injury and property damage included in the products completed operations hazard. The Products Completed Operations Aggregate Limit is separate and apart from the GL Aggregate Limit. G. Multiple Insureds Claims and Claimants Subject to a Combined Maximum Aggregate Limit of Liability if so indicated in Item 7 of the Policy Declarations the GL Aggregate Limit set forth in Item 5E and the Products Completed Operations Aggregate Limit set forth in Item 5F if applicable of the Policy Declarations 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. Form No CNA98662XX 10 2020 Coverage Part Page 15 of 15 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 61 of 78 | 1 |
cNA Healthcare Facilities and Providers Plus Coverage Part Endorsement I PATIENT PERSONAL PROPERTY ENDORSEMENT In consideration of the premium the General Liability Coverage Part is amended as follows I. Section V Specific Coverage Part Limits of Liability Related Claims and Retentions is amended to add the following The Patient Personal Property Claim Limit of Liability is as follows 5000 patient personal property claims in the Aggregate Limit 250 patient personal property claim deductible Subject to the GL Aggregate Limit and the each patient personal property claim deductible the Patient Personal Property Claim Limit of Liability is the most we will pay for the sum of all patient personal property claims otherwise covered by this policy. This Limit of Liability will apply regardless of the number of insureds incidents claims made and reported or parties or requests for coverage in this Coverage Part. The Patient Personal Property Claim Limit of Liability is included within and is not in addition to the GL Aggregate Limit set forth in the Policy Declarations. 1. Section Ill Coverage Part Exclusions B Exclusions Applicable Only to Bodily Injury and Property Damage Liability Coverage Exclusion vi Damage to Property the Insured Entity Owns or in its Care Custody or Control paragraph d is amended by adding the following Provided this exclusion d will not apply to a patient personal property claim. Ill. Section I Definitions is amended as follows A. The following new definitions are added Patient personal property claim deductible means the amount of the insured s retained liability as set forth in paragraph Il of this endorsement for all covered claims within the Patient Personal Property Claim Limit of Liability. Patient personal property claim means a claim brought by or on behalf of a patient alleging that such patient s personal property in the care custody or control of the insured is lost or stolen. B. Solely with respect to the coverage afforded by this endorsement the definition of occurrence is amended with the addition of the following Occurrence includes an event or incident of loss or theft of a patient s personal property in the care custody or control of the insured. 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 CNA98671XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 8 Page 1 of 1 Policy Page 62 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Coverage Part I EMPLOYEE BENE VERAGE PART CLAIMS 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 THE POLICY FORM. INSURING AGREEMENT We will pay on behalf of an insured damages up to the Limit of Liability as a result of a claim first made against the insured and reported to us during the policy period for an employee benefits 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. Cafeteria plans mean plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 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 ii 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 to 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 attorney s fees or costs of the claimant unless imposed as a result of a covered judgment or arbitration award g hi benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance or i amounts that exceed the limits and restrictions that apply to the payment of benefits in any place included in the employee benefits program. Employee means a person actively employed by formerly employed by on leave of absence from or disability from or retired from an insured entity. Employee includes a leased worker. Employee will not include a temporary worker or independent contractor. Form No CNA98663XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 1 of 3 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 63 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 Executive officer means any natural person duly authorized director officer trustee or governor or management committee member of the insured entity acting in such capacity. Insured person means any i employee authorized to administer an insured entity s employee benefits program i any executive officers authorized to administer an insured entity s employee benefits program or iii any other person having proper temporary authorization to administer an insured entity s employee benefits program but only until an authorized legal representative is appointed on your behalf. Leased worker means a person leased to an insured entity by a labor leasing firm under an agreement between such insured entity and the labor leasing firm to perform duties related to the conduct of the insured entity s business. Leased worker does not include a temporary worker. Prior knowledge means any employee benefits wrongful act that prior to the policy period an authorized insured had a reasonable basis to believe such employment benefits wrongful act could give rise to a claim. Prior notice means any matter fact circumstance situation transaction event or employee benefits wrongful act that i has been the subject of any notice accepted under any employee benefits 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. Related claim means all claims arising out of i a single employee benefits wrongful act or i related employee benefits wrongful acts. All related claims will be deemed a single claim. Related employee benefits wrongful acts mean all employee benefits 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. 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. Illl. COVERAGE PART EXCLUSIONS This Coverage Part does not apply to any claim damages defense costs expenses fees or loss BODILY INJURY PROPERTY DAMAGE PROFESSIONAL SERVICES OR PERSONAL AND ADVERTISING INJURY based on or arising out of any actual or alleged bodily injury property damage professional services or personal and advertising injury FAILURE TO PERFORM A CONTRACT based on or arising out of any actual or alleged failure of performance of contract by any insurer INADEQUACY OF PERFORMANCE OF INVESTMENT ADVICE GIVEN WITH RESPECT TO PARTICIPATION based on or arising out of any actual or alleged i failure of any investment to perform i errors in providing information on past performance of investment vehicles or iii advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefits program Form No CNA98663XX 10 2020 Policy No HMA 6050273348 Coverage Part Page 2 of 3 Policy Effective Date 07012021 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Policy Page 64 of 78 Copyright CNA All Rights Reserved. Policy No HMA 6050273348 Policy Effective Date 07012021 Policy Page 64 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Coverage Part INSUFFICIENCY OF FUNDS based on or arising out of any actual or alleged insufficiency of funds to meet any obligation under any plan included in the employee benefits program 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 employee Subject to paragraph B below the most we will pay for damages for all claims made by or behalf of any one employee including such employee s dependents or beneficiaries is set forth in Item 6A of the Policy Declarations. 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 6A of the Policy Declarations as the EBL Aggregate Limit of Liability. This EBL 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 employee Limit of Liability applicable to such policy period will apply to all such related claims subject to any applicable each employee Retention or Deductible. D. Retention or Deductible The Retention or Deductible amount set forth in the Policy Declarations applies to all damages or damages and defense costs if so indicated sustained by any one employee including such employee s dependents and beneficiaries arising out of all employee benefits wrongful acts to which this Coverage Part applies. Healthcare Facilities and Providers Plus Form No CNA98663XX 10 2020 Coverage Part 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 65 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Policy Endorsement I EMERGENCY EVA TION EXPENSES ENDORSEMENT In consideration of the premium the General Terms and Conditions of the policy are amended as follows I. Solely with respect to the Professional Liability Coverage Part Section Il Supplementary Benefits of the General Terms and Conditions is amended to add the following e Emergency Evacuation Expenses Emergency evacuation expenses per emergency evacuation25000 Emergency evacuation expenses maximum in the aggregate per policy period25000 We will reimburse emergency evacuation expenses incurred by the named insured as a result of an emergency evacuation up to the applicable amount set forth above for all emergency evacuation expenses maximum in the aggregate regardless of the number of insureds or the number of emergency evacuations provided that such emergency evacuation first begins during the policy period and is reported to us no later than sixty 60 days after the emergency evacuation takes place. Any emergency evacuation expenses reimbursed by us pursuant to this endorsement will be in addition to the Limits of Liability. Il. Section Ill Definitions of the General Terms and Conditions is amended to add the following Emergency evacuation means an evacuation of the named insured s or sub ry s premises because of an external event or condition that poses an imminent danger of loss of life or harm to the named insured s or subsidiary s patients. Emergency evacuation will not include an evacuation arising out of i a strike bomb threat or false fire alarm unless vacating is ordered by a civil authority ii a planned vacating drill iii the relocation of one or more patients that is due to and confined to their individual medical condition iv nuclear hazard v war. Emergency evacuation expenses mean the reasonable and necessary expenses incurred by the named insured in the performance of an emergency evacuation including the costs of transportation and relocation of patients. 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 CNA98666XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 9 Page 1 of 1 Policy Page 66 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement I SERVICE OF SUIT ENDORSEMEN Wherever used in this endorsement Named Insured means the first person or entity named on the declarations page. In consideration of the premium paid for this Policy it is agreed that the following provision is added to the Policy SERVICE OF SUIT Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Insurer hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the below named as the person to whom the said officer is authorized to mail such process or true copy thereof. Service of process in such suit shall be made upon General Counsel Columbia Casualty Company 151 N. Franklin St. Chicago IL 60606 and in any suit instituted against such person upon this policy the Insurer will abide by the final decision of such court or of any appellate court in the event of an appeal. The General Counsel is authorized and directed to accept service of process on behalf of the Insurer in any such suit and upon the request of the Named Insured to give a written undertaking to the Named Insured that he will enter a general appearance upon the Insurer s behalf in the event such suit shall be instituted. 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 CNA74300XX 06 2014 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 10 Page 1 of 1 Policy Page 67 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Policy Endorsement I CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM ENDORSEMENT It is understood and agreed as follows Whenever used in this endorsement 1 we means the insurer listed on 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. A. Cap on Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Terrorism Risk Insurance Act as extended and reauthorized the Act. The criteria contained in the Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 and 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. B. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Policy such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. 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 CNA81753XX 03 2015 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 11 Page 1 of 1 Policy Page 68 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement I CANCELLATION NONRENEWAL ENDORSEME In consideration of the premium Section XIX Cancellation or Non Renewal in the General Terms and Conditions of the policy is amended to include the following Cancellation A. The named insured may cancel this policy at any time by i returning the policy to us or any of our authorized representatives indicating the effective date of cancellation or ii providing a written notice to us stating when the cancellation is to be effective. We must receive the policy or written notice before the cancellation date. We may cancel this policy by giving written notice to the named insured at least i Fifteen 15 days for cancellation for non payment of premium or i Ninety 90 days for cancellation for any other reason prior to the effective date of cancellation. The notice of cancellation will state the effective date of cancellation and the policy will end on that date. If we cancel the refund will be pro rata. If the named insured cancels the refund may be less than pro rata. We will retain a minimum 25 percentage of earned premium. The cancellation will be effective even if we have not made or offered a refund. Non renewal We reserve the right to non renew this policy by providing written notice to the named insured at least Ninety 90 days prior to the expiration date. 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 CNA98669XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 12 Page 1 of 1 Policy Page 69 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement I ADDITION OF INSURED ENTITY ENDORSEME In consideration of the premium with respect to any Coverage Part designated indicated by a check mark in the Schedule below the definition of insured in Section Il Definitions of such Coverage Part is amended as follows I. Insured also includes the entity listed on the Schedule below. Il. With respect to any Claims Made and Reported Coverage Part any Retroactive Date scheduled below will apply to such scheduled entity and replace any applicable retroactive date on the Policy Declarations for purposes of the coverage afforded by this endorsement. SCHEDULE Name of Entity Professional PL Retro General GL Retro Employee EBL Liability Date Liability Date Benefits Retro Coverage Coverage Liability Date Part Part Coverage Part Schedule on file X X X with Insurer 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 CNA98678XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 13 Page 1 of 1 Policy Page 70 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Policy Endorsement ADDITIONAL INSURED ENDORSEMENT Scheduled Additional Insured In consideration of the premium the policy is amended as follows. X Professional Liability Coverage Part X General Liability Coverage Part I. Section I Definitions of the applicable Coverage Part the definition of additional insured is deleted and replaced with the following Additional Insured Schedule Name of Additional Insured Person or Entity Capitol Physical Hand Therapy Inc. Bloom Associates Therapy P.A. Rome Rehabilitation Inc CP MOB 2017 LLC Gwinnett MOB Partners LP Caddis Partners LLC Beaufort County School District Jim Walter Resources Harford Community College Upstream Rollco LLC Upstream Guarantor LLC Mid America Apartments LP c o MyCOI Coddle Creek Owner LLC c o Casto Southeast Realty Services LLC Echo Regency LLC Echo Real Estate Services Company Casto Southeast Realty Services LLC Sun Life Assurance Company of Canada c o Bentall Kennedy US LP Retail Planning Corp. A. If the General Liability Coverage Part is included within the scope of this endorsement as indicated by a check mark above then solely with respect to the General Liability Coverage Part additional insured means the person or entity shown in the Additional Insured Schedule above provided however that such person or entity is an additional insured solely for bo injury or property damage arising out of an occurrence or an offense causing personal and advertising injury for which such person or entity is vicariously liable because of acts or omissions committed by the insured entity. If coverage for such additional insured is required by written contract agreement or permit coverage will apply only i if such written contract agreement or permit was executed prior to the bodily injury property damage or offense causing personal and advertising injury giving rise to the claim and ii solely to the extent required by such written contract agreement or permit not to exceed the applicable limits of liability of this policy. Form No CNA98679XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 14 Page 1 of 2 Policy Page 71 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement In no event will coverage afforded to the ad contract agreement or permit. ional insured be broader than that required by written There will be no coverage available for any actual or alleged bodily injury property damage or offense causing personal and advertising injury arising out of the acts or omissions by any additional insured. B. If the Professional Liability Coverage Part is included within the scope of this endorsement as indicated by a check mark above then solely with respect to the Professional Liability Coverage Part additional insured also means the person or entity shown in the Additional Insured Schedule above but such person or entity is an additional insured exclusively for the vicarious liability imposed upon such person or entity because of professional services wrongful acts committed by the insured entity. If coverage for such additional insured is required pursuant to written contract agreement or permit then coverage will apply i only if such written contract agreement or permit was executed prior to the professional services wrongful act giving rise to the claim ii solely to the extent required by such written contract agreement or permit not to exceed the limits of liability of this policy. In no event will coverage afforded to the ad contract agreement or permit. ional insured be broader than that required by written There will be no coverage for such person or entity for its liability arising out of its own acts or omissions. Il. The GENERAL TERMS AND CONDITIONS Section XIX. CANCELLATION OR NON RENEWAL is amended with the addition of the following In the event that we cancel this policy before its expiration date for reason other than non payment of premium we will provide a courtesy notice of such cancellation to the additional insured listed on the Additional Insured Schedule above. Such notice shall be provided in accordance with the time frame required for notice to the named insured as set forth in the Cancellation Nonrenewal endorsement to the Policy. However any failure by us to provide such notice of cancellation to the additional insured will not extend the policy cancellation date or negate cancellation of the policy or be cause for legal action against us. If we non renew this policy we will provide a courtesy notice of non renewal of the policy to the additional insured listed on the Additional Insured Schedule above. Such notice shall be provided in accordance with the time frame required for notice of non renewal to the named insured as set forth in the Cancellation Nonrenewal Endorsement to the policy. Any failure by us to provide such notice of cancellation or non renewal to the additional insured as set forth above will not affect the non renewal of the policy and it will not extend the policy cancellation date or negate cancellation of the policy or be cause for legal action against us. Any coverage afforded to any additional insured pursuant to this endorsement shall be subject to all other terms and conditions of this policy. In no event does the inclusion of any person or entity as an additional insured operate to broaden the scope of coverage provided under the policy or increase the limits of liability stated on the Policy Declarations and provided under this policy. 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 CNA98679XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 14 Page 2 of 2 Policy Page 72 of 78 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 72 of 78 | 2 |
cNA Healthcare Facilities and Providers Plus Policy Endorsement AMEND EMPLOYEE DEFINITION ENDORSEMENT Add Sched dependent Contractor In consideration of the premium the policy is amended as follows The changes set forth below are applicable only to Coverage Parts included within the scope as indicated by a check mark. X Professional Liability Coverage Part X General Liability Coverage Part I. The sentence An employee will not include an independent contractor. in the definition of employee in the selected Coverage Parts is deleted and replaced with the following An employee will not include an independent contractor unless such independent contractor is specifically scheduled individually or as a class Scheduled Independent Contractor. Il. Solely with respect to the coverage afforded by this endorsement written on a Claims Made and Reported Coverage Part the following will apply Coverage for the Scheduled Independent Contractor will apply a solely for acts errors or omissions which take place during the policy period on or after the applicable retroactive date and prior to the Termination Date as indicated in the Schedule below and b provided the written contract for services with the insured entity was executed prior to any i act error or omission in the rendering of professional services or i occurrence or offense upon which a claim is based. Ill. Solely with respect to the coverage afforded by this endorsement written on an Occurrence Coverage Part the following will apply Coverage for the Scheduled Independent Contractor will apply a solely for acts errors or omissions which take place during the policy period and prior to the Termination Date as indicated in the Schedule below and b provided the written contract for services with the insured entity was executed prior to any i act error or omission in the rendering of professional services i bodily injury or property damage arising out of an occurrence or iii offense causing personal and advertising injury upon which a claim is based. SCHEDULE OF INDEPENDENT CONTRACTORS NAME OR CLASS OF INDEPENDENT RETROACTIVE DATE TERMINATION DATE CONTRACTORS Contracted physical and occupational 09302016 therapist TERMINATION DATE Form No CNA98680XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 15 Page 1 of 2 Policy Page 73 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA CNA Healthcare Facilities and Providers Plus Policy Endorsement Any Retroactive Date scheduled above will apply to such Scheduled Independent Contractor and replace any applicable retroactive date on the Policy Declarations for purposes of the coverage afforded by this endorsement. 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 CNA98680XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 15 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 74 of 78 | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement I UBSIDIARY ENDORSEMEN In consideration of the premium the General Terms and Conditions of the policy are amended as follows I. The definition of subsidiary in Section Ill Definitions of the General Terms and Conditions is amended to include any entity listed on the Schedule below provided however A. if an Effective Date is listed below coverage for each such subsidiary is effective on such date B. such subsidiary s Retroactive Date is the date the subsidiary became continuously insured without interruption under any applicable claims made policy which date is indicated on a Schedule of Subsidiary Retroactive Dates submitted annually or as requested by us unless a specific Retroactive Date is listed opposite such subsidiary. SCHEDULE Name of Subsidiary Effective Date of Coverage Retroactive Date Physical Therapy Northwest Partners 08312020 08312020 LLC Benchmark A Fox Partners LLC. 05042021 05042021 BenchMark Il. With respect to any subsidiary listed in this endorsement the first paragraph of Section X Subsidiary of the General Terms and Conditions is deleted in its entirety. 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. Retroactive Date 08312020 05042021 Form No CNA98683XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 16 Page 1 of 1 Policy Page 75 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA Healthcare Facilities and Providers Plus Policy Endorsement I WAIVER OF SUBROGATION ENDORSEME In consideration of the premium Section XIV Subrogation and Recoupment in the General Terms and Conditions of the policy is amended by adding the following Notwithstanding the above with respect to any payment by us for damages defense costs or other similar cost or expense under this policy we will waive our rights to subrogation against a any person or entity with whom an insured entity has agreed in writing to waive such insured entity s right of recovery against provided such agreement was executed prior to the date when the act or omission giving rise the claim took place or when the occurrence took place or b any person or entity scheduled below and solely with respect to the Coverage Parts indicated in the Schedule. SCHEDULE Name of Person or Entity Coverage Parts Towne Lake Square LP Owner and Retail Planning General Liability Coverage Part Corporation Village at Townpark Retail Planning Corporation Woodlawn Square Limited Partnership Retail Planning Corporation Mid America Apartments L.P. C O MyCOI. New Market Irmo LLC. Preferred Apartment Communities Inc. Preferred Apartment Advisors LLC. NMP Adbvisors LLC. New Market Properties LLC. Sunbelt Retail LLC. SE Grocery LLC. Jones Lang LaSalle Americas Inc. Property Manager. JDFIU Princeton LLC NorthBridge Management Consulting LLC 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 CNA98693XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 17 Page 1 of 1 Policy Page 76 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
cNA Healthcare Facilities and Providers Plus Policy Endorsement I UBSIDIARY ENDORSEMENT WITH SEPARATE LIMITS In consideration of the premium the General Terms and Conditions of the policy are amended as follows. The definition of subsidiary in Section lll Definitions of the General Terms and Conditions is amended to include any entity or group of subsidiaries listed on the Schedules below provided however A. coverage for each such subsidiary is effective on the effective date listed below B. such subsidiary s Retroactive Date if applicable is the date the subsidiary became continuously insured without interruption under any applicable claims made policy which date is indicated on a Schedule of Subsidiary Retroactive Dates submitted annually or as requested by us unless a specific Retroactive Date is listed opposite such subsidiary and C. solely with respect to such subsidiary and notwithstanding anything in the policy to the contrary the Limits of Liability set forth on the Policy Declarations are deleted and replaced with the Limits of Liability specified on the Schedules below. The indicated Limits of Liability apply separately to each such subsidiary inclusive of such subsidiary s executive officers and employees. If there are no indicated Limits of Liability for a listed subsidiary the Limits of Liability set forth on the Policy Declarations continue to apply to such subsidiary. As used herein any group of subsidiaries designated by name or description on a single row in the Schedules below is deemed to be a single subsidiary for the purposes of the application of the Limits of Liability effective date of coverage and Retroactive Date. Any Retroactive Date referenced in B above will replace any applicable retroactive date on the Policy Declarations for purposes of the coverage afforded by this endorsement. Il. SCHEDULES A. PROFESSIONAL LIABILITY LIMITS OF LIABILITY Name of Subsidiary or Group of Subsidiaries Effective Retroactive Each Claim Aggregate Date Date Limit Integrity Rehab 07012017 07012006 1000000 3000000 Drayer Physical Therapy Institute 07012018 09012004 1000000 3000000 Form No CNA98724XX 10 2020 Policy No HMA 6050273348 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 07012021 Endorsement No 18 Page 1 of 2 Policy Page 77 of 78 Underwriting Company Columbia Casualty Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. IL 60606 P P | 2 |
CNA B. GENERAL LIABILITY LIMITS OF LIABILITY Name of Effective Bodily Subsidiary Date or Group of Subsidiaries Integrity Rehab Drayer Physical Therapv Injury and Property Damage Each Occurrence Limit 100000 0 100000 0 Personal and Advertising Injury Each Person or Entity Limit 100000 0 100000 0 Damage to Rented Property Each Premises Limit 50000 9 50000 Healthcare Facilities and Providers Plus Medical General Products Retroactive Payments Liability Completed Date Each Aggregate Operations Person Limit Aggregate Limit Limit 5000 20000 200000 00 0 5000 20000 200000 00 0 Healthcare Facilities and Providers Plus Policy Endorsement Integrity 100000 100000 50000 5000 20000 200000 Rehab 0 0 9 00 0 Drayer 100000 100000 50000 5000 20000 200000 Physical 0 0 00 0 Therapy Institute C. EMPLOYEE BENEFITS LIABILITY LIMITS OF LIABILITY Name of Subsidiary or Group of Effective Retroactive Each Employee All Claims in the Subsidiaries Date Date Limit Aggregate Limit Ill. The Limits of Liability specified on the Schedules are subject to A. the terms and conditions set forth under the Specific Coverage Part Limits of Liability Related Claims and Retentions Sections of each Coverage Part and B. the Combined Maximum Aggregate Limit of Liability if elected in Item 7 of the Policy Declarations in accordance with Paragraph A Limit of Liability of Section X Limit of Liability Retentions and Deductibles of the General Terms and Conditions. IV. With respect to any subsidiary listed in this endorsement the first paragraph of Section X Subsidiary of the General Terms and Conditions is deleted in its entirety 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. idiary or Group of e Form No CNA98724XX 10 2020 Endorsement Effective Date Endorsement Expiration Date Endorsement No 18 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 78 of 78 | 2 |
Lloyd s Certificate This Insurance is effected with certain Underwriters at Lloyd s London. This Certificate is issued in accordance with the limited authorization granted to the Correspondent by certain Underwriters at Lloyd s London whose syndicate numbers and the proportions underwritten by them can be ascertained from the office of the said Correspondent such Underwriters being hereinafter called Underwriters and in consideration of the premium specified herein Underwriters hereby bind themselves severally and not jointly each for his own part and not one for another their Executors and Administrators. The Assuredis requested to read this Certificate and if it is not correct return it immediately to the Correspondent for appropriate alteration. Allinquiries regarding this Certificate should be addressed to the following Correspondent Brit Global Specialty USA 628 Hebron Avenue Suite 210 Glastonbury CT 06033 SLC3 USA NMA2868 42413 | 2 |
CERTIFICATE PROVISIONS 1. Signature Required. This Certificate shall not be valid unless signed by the Correspondent on the attached Declaration Page. Correspondent Not Insurer. The Correspondent is not an Insurer hereunder and neither is nor shall be liable for any loss or claim whatsoever. The Insurers hereunder are those Underwriters at Lloyd s London whose syndicate numbers can be ascertained as hereinbefore set forth. As used in this Certificate Underwriters shall be deemed to include incorporated as well as unincorporated persons or entities that are Underwriters at Lloyd s London. Cancellation. If this Certificate provides for cancellation and this Certificate is cancelled after the inception date earned premium must be paid for the time the insurance has been in force. Service of Suit. Itis agreed that in the event of the failure of Underwriters to pay any amount claimed to be due hereunder Underwriters at the request of the Assured will submit to the jurisdiction of a Court of competent jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of Underwriters rights to commence an action in any Court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. It is further agreed that service of process in such suit may be made upon the firm or person named in the Declaration Page and that in any suit instituted against any one of them upon this contract Underwriters will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above named are authorized and directed to accept service of process on behalf of Underwriters in any such suit andor upon request of the Assured to give a written undertaking to the Assured that they will enter a general appearance upon Underwriters behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state territory or district of the United States which makes provision therefor Underwriters hereby designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Assured or any beneficiary hereunder arising out of this contract of insurance and hereby designate the above mentioned as the person to whom the said officer is authorized to mail such process or a true copy thereof. LMA5020 14092005 Assignment. This Certificate shall not be assigned either in whole or in part without the written consent of the Correspondent endorsed hereon. Attached Conditions Incorporated. This Certificate is made and accepted subject to all the provisions conditions and warranties set forth herein attached or endorsed all of which are to be considered as incorporated herein. Short Rate Cancellation. If the attached provisions provide for cancellation the table below will be used to calculate the short rate proportion of the premium when applicable under the terms of cancellation. | 2 |
Short Rate Cancellation Table For Term of One Year. DaysInsurance PerCentofone Dayslnsurance PerCentofone DaysInsurance PerCentofone Days Insurance Per Cent of one year Premium in Force year Premium in Force year Premium in Force yearPremium in Force. 5 66 69...... n29 154 156 256 260.... 70 73.....30 157 160 261 264. 74 76.....31 161 164 265 269. 77 80.....32 165 167 270 273 9 mos 81 83.....33 168 171 274 278. 84 B7........34 172 175 279 282. 88 913 mos........ 35 176 178 283 287. 92 4..36 179 182 6 MOS........... 60 288 291. 95 98.....37 183 187 292 296. 99 102...38 188 191 297 301.. 103 105 39 192 196 302 305 10 mos 106 109 40 197 200 306 310. 110 113 a1 201 205 311 314. 114 116 42 206 209 315 319. 17 120 43 210 214 7 MOS.......... 67 320 323. 121 124 4 mos... 44 215 218 324 328. 125 127 45 219 223 329 332. 128 131 48 224 228 333 337 132 135 a7 229 232 338 342. 136 138 48 233 237 343 346. 139 142 49 238 241 347 351. 143 146 147 149 28 150 153 5 mos... 50 242 246 8 MOS... oceo 74 352 355.. 51 247 250 356. 360.. 52 251 255 361 365 12 mos Rules applicable to insurance with terms less than or more than one year Ifinsurance has been in force for one year or less apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year. Ifinsurance has been in force for more than one year 1. Determine full annual premium as for insurance written for a term of one year. 2. Deduct such premium from the full insurance premium and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written. 3. Add premium produced in accordance with items 1 and 2 to obtain earned premium during full period insurance has been in force. | 2 |
Complaints Procedure We strive to provide an excellent service to all Our customers but occasionally things can go wrong. We take all concerns seriously and endeavour to resolve all customers problems promptly. If You have a question or concern about Your policy You should in the first instance follow the guidance notes or instructions in the insurance documentation You have been sent. Your broker will also be able to advise You and provide assistance in this regard. Alternatively if You wish to contact Us directly You should either write or telephone The Complaints Department Brit Syndicates Limited The Leadenhall Building 122 Leadenhall Street London EC3V 4AB Telephone 0044 0 20 385 70000 Facsimile 0044 0 20 385 70001 Email BGS.Complaints britinsurance.com In the unlikely event that You remain dissatisfied and wish to make a complaint You can do so at any time by referring the matter to Us at the above stated address or the Complaints Team at Lloyd s at the following address Complaints Team Lloyd s One Lime Street London EC3 M 7HA Email complaintsIlloyds.com Telephone 0044 020 7327 5693 Fax 0044 020 7327 5225 Website www.lloyds.comcomplaints Details of Lloyd s complaints procedure are set out in a leaflet Your Complaint How We Can Help available at www.lloyds.comcomplaints and are also available from the above address. Should You remain dissatisfied after Lloyd s has considered your complaint and You are NOT a policyholder in the UK You should in the first instance seek advice from Your brokeras to whom You should direct your complaint. | 2 |
LLOYD S COMPLIANCE WITH THE US FOREIGN ACCOUNT TAX COMPLIANCE ACT Information regarding Lloyd s Syndicates compliance with the Foreign Account Tax Compliance Act FATCA is available from the Lloyd s broker whose contact details are shown elsewhere in this contract. It is understood and agreed that the provision of this information is sufficient for the purposes of any obligation in this reinsurance for Lloyd s syndicates to provide FATCA required documentation. LMA9107 29 April 2015 LMA9107 29 April 2015 | 2 |
COMMON POLICY DECLARATIONS UNDERWRITERS AT LLOYD S LONDON Percentage 100.00 Brit Syndicates Ltd. Syndicate 2987 at Lloyd s UMR B0356G135V20A000 GLL10549 02 POLICY NUMBER GLL10549 01 RENEWAL OF POLICY NUMBER 1. NAMED INSUREDS Lico Steel Inc. BROKER MAILING ADDRESS 9222 East 47th St. Kansas City MO 64133 RT Specialty LLC Suite 145 10751 Deerwood Park Blvd. Jacksonville FL 32256 BUSINESS DESCRIPTION Metal Work Outside 2. POLICY PERIOD Effective Date April 1 2020 Expiration Date April 1 2021 At 1201 A.M. Standard Time at the mailing address shown above. 3. COVERAGE Commercial General Liability Occurrence COVERAGE LIMITS OF INSURANCE Bodily Injury and Property Damage Each Occurrence 1000000 Personal Advertising Injury Each Offense 1000000 Damage to Premises Rented to You 100000 Medical Payments 5000 General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Employee Benefits Liability Each Employee 1000000 Aggregate 1000000 Deductible 1000 Retroactive Date March 31 2003 Other limits of liability may be indicated on attached coverage parts or endorsements. 4. DEDUCTIBLE Both BI PD 2500 per occurrence OLICY NUMBER Kansas City MO 64133 vd. Both BI PD 2500 per occurrence GLDEC0715 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 2 | 2 |
5. PREMIUM Brit Premium 36758 TRIA Premium if applicable 1838 Total Annual Premium Payable at Inception 38596 POLICY CHARGES Policy Fee 0 Inspection Fee 0 6. FORMS ATTACHED HERETO AND SPECIAL CONDITIONS The Commercial General Liability and agreed Endorsements as per Schedule of Endorsements attached. 7. AUDIT PERIOD Annual 8. CURRENCY CLAUSE All premiums limits deductibles CLAIMS and other amounts under this policy are expressed and payable in United States Dollars USD 9 INTHE EVENT OF A CLAIM PLEASE NOTIFY THE FOLLOWING Claims Email BritClaimsrgm.us.com Address Rockville Risk Management Associates 119 North Park Avenue 4th Floor Rockville Centre NY 11570 s evidence of insurance procured 247 Contact 1 888 689 9820 and developed under the Missouri R Surplus Lines Laws. It is NOT covered by Office Line 516 536 2700 the Missouri Guaranty Association. The Toll Free 1 866 ROCKVILLE or insurer is not licensed by the state of 1 866 762 5845 Missouri and is not subject to its Fax Line 516 536 2234 supervision. Timothy Turner Missouri License 289308 10 SERVICE OF SUIT CSC Lawyers Incorporating Service Company. 221 Bolivar Street Jefferson City MO 65101 PO v F applicable 1838 mium Payable at Inception 38596 TS o PR R T T R P A IN THE EVENT OF A CLAIM PLEASE NOTIFY THE FOLLOWING Claims Email BritClaimsrgm.us.com Address Rockville Risk Management Associates 119 North Park Avenue 4th Floor Rockville Centre NY 11570 This is evidence of insurance procured 247 Contact 1 888 689 9820 and developed under the Missouri Surplus Lines Laws. It is NOT covered by Office Line 516 536 2700 the Missouri Guaranty Association. The Toll Free 1 866 ROCKVILLE or insurer is not licensed by the state of 1 866 762 5845 Missouri and is not subject to its Fax Line 516 536 2234 Sepervision. Timothy Turner Missouri License 289308 247 Contact Office Line Toll Free Fax Line Mok Bta Brit Global Specialty USA Authorized Correspondent Signatory GLDEC0715 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
MISSOURI SURPLUS LINES NOTICE This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by the Missouri Insurance Guaranty Association. This insurer is not licensed by the state of Missouri and is not subject to its supervision. LMA9058 01 September 2013 BRT60033 ed. 072018 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 Lico Steel Inc. Schedule of Named Insureds Lico Steel Inc. Lisa Hawkins Enterprises LLC dba LICO Construction Company GL SCHEDNI 02 16 Page 1 of 1 | 2 |
Special Conditions SEVERAL LIABILITY NOTICE The subscribing insurers obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co subscribing insurer who for any reason does not satisfy all or part of its obligations. 0894 LSW1001 Insurance LINES CLAUSE This Insurance being signed for 100 of 100 insures only that proportion of any loss whether total or partial including but not limited to that proportion of associated expenses if any to the extent and in the manner provided in this Insurance. The percentages signed in the T able are percentages of 100 of the amounts of Insurance stated herein. NMA2419 | 2 |
FORMS SCHEDULE The following forms and endorsements are made part of this policy effective on the inception date. FORM NUMBER NMA2868 GLDEC 0715 BRT60033 ed. 072018 GL SCHEDNI 02 16 IL 00 03 09 08 IL 00 17 1198 IL 0198 09 08 GL0001 07 15 GL0003 07 15 GL0004 07 15 GL0009 10 15 GL0019 12 15 GL0022 07 16 GL0025 10 17 CG 00010413 CG 04351207 CG 20010413 CG 201004 13 CG 20110413 CG 201504 13 CG 20280413 CG 20370413 CG 21070514 CG 21090615 CG 21471207 CG 21530196 CG 21540196 CG 21651204 CG 21671204 CG 21700115 CG 21800115 CG 21861204 CG 21 96 03 05 CG227904 13 CG 24 04 05 09 FORM TITLE Lloyds Certificate SLC3 GL Primary Declaration Missouri State Amendatory Schedule Name Insureds Calculation Of Premium Common Policy Conditions Nuclear Energy Liability Exclusion Absolute Asbestos Exclusion Composite Rating Plan Endorsement Lead Exclusion Designated Construction Projects General Aggregate Prior Losses Claims And Litigation Exclusion Deductible Liability Incl B PD Al Supp Pay Minimum Policy Premium less than 100 Commercial General Liability Coverage Part Employee Benefits Liability Primary And Noncontributory Other Insurance Condition Additional Insured Owners Lessees Or Contractors Scheduled Persons Or Orgs Additional Insured Managers Or Lessors Of Premises Additional Insured Vendors Additional Insured Lessor Of Leased Equipment Additional Insured Owners Lessees Or Contractors Completed Operations Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data Exclusion Unmanned Aircraft Employment Related Practices Exclusion Exclusion Designated Ongoing Operations Exclusion Designated Operations Covered By A Consolidated Wrap Up Ins Total Pollution Exclusion With A Building Heating Cooling Fungi Or Bacteria Exclusion Cap On Losses From Certfied Acts Of Terrorism Certified Acts Of Terrorism Aggregate Limit Cap On Losses From Certified Acts Of Exclusion Exterior Insulation And Finish Systems Silica Or Silica Related Dust Exclusion Exclusion Contractors Professional Liability Waiver Of Transfer Of Rights Of Recovery Against Others To Us Forms Schedule GL FORMS LIST Includes copyrighted material of Insurance Services Office Inc with its permission | 2 |
IL 00 03 09 08 POLICY NUMBER GLL10549 02 IL 00 03 08 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART 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 The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 IL00 17 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b b 6. b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to 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 with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 01 98 09 08 POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1.The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments C expenses incurred with respec injury resulting from the properties of nuclear material ar of the operation of a nuclear fa person or organization. C. Under any Liability Coverage to or if property damage resi hazardous properties of nucle 1 The nuclear material a is at facility owned by or operat behalf of an insured or t discharged or dispersed there 2 The nuclear material is 3 spent fuel or waste possessed handled used stored transported or dispo on behalf of an insured or The bodily injury or prope arises out of the furnishing by of services materials parts in connection with the construction maintenance use of any nuclear facility facility is located within the L nf America ite territoriee ar B. Under any Medical Payments Coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in 3 spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion 3 applies only to property damage to such nuclear facility and any property thereat. IL 01 98 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
2. Asused in this endorsement Hazardous properties includes radioactive toxic or explosive properties Nuclear material means source material Special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c 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 located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. IL 01 98 09 08 ISO Properties Inc. 2007 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ABSOLUTE ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage personal and advertising injury or any other liability under this policy directly or indirectly involving or arising out of asbestos or actual alleged or threatened presence of or exposure to asbestos in any form or to harmful substances emanating from asbestos. Such injury from or exposure to asbestos also includes the manufacture mining use sale installation storage handling transportation removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. This insurance shall also not apply to any a Obligations to contribute towards damages or to repay any other insurance or person who must pay damages because of such injury or damage. b Legal liability arising from supervision instructions recommendations warnings or advice given or which should have been given in connection with the asbestos and the exposure thereto c Cost of investigation or defense fines penalties and other costs or expenses arising out of any claim suit demand judgment obligation order request settlement or d Cost of any statutory or regulatory requirement that any insured or any other person or entity test for monitor clean up remove contain mitigate treat neutralize remediate or dispose of or in any way respond to or assess the actual or alleged effects of asbestos or This insurance shall also not apply to any claims or suits or the obligation to defend any suit demand judgment or claims against the Insured concerning exposure or alleged exposure to asbestos as well as claims or suits concerning the incorporation presence or removal of asbestos in any building structure or product. This insurance shall further not insure any Medical Payments arising from bodily injury caused by or arising from inhalation or exposure to Asbestos The following definitions are added to the Definitions Section Asbestos means any type or form of asbestos asbestos fibers asbestos products or asbestos materials including any products goods or materials containing asbestos or asbestos fibers products or materials and any gases vapors scents or by products produced or released by asbestos. GL0001 07 15 Includes copyrighted material of ISO Properties Inc. with its permission Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATING PLAN ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The Class Code Premium Basis and Rate Section of the Policy Declarations is changed to apply as follows The premium for this policy will be computed upon a composite basis as shown below in accordance with our rules rates rating plans premiums and minimum premiums and the other policy terms. SCHEDULE Premium Basis Exposure As checked by applicable box O Gross Receipts O Gross Payroll X Gross Sales Inter company Sales Included 0 Gross Sales Inter company Sales Excluded O Total Cost O Other Description of Estimated Units of Composite Rate Per Advanced Estimated Operations Exposure Ratess Premiums Metal Work Outside 9750000 Sales 3.770 per 1000 Sales 36758 all ops except bridge work Bridge Work 91265 IF ANY Sales 15.000 per 1000 Sales Minimum Exposure 90 of Estimated Units of Exposure If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. With respect to the Commercial General Liability Coverage Part the Premium Audit Condition is deleted and replaced by the following Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Policy as advance premium is an estimated premium based on the exposure and composite rate shown in the Schedule of this endorsement. At the close of each audit period we will compute the earned premium for that period subject to the minimum exposure shown in the Schedule of this endorsement and send notice to the first Named Insured. The due date for audit is the date shown as the due date on the bill. If GL0003 07 15 Page 1 of 2 nan nan nan nan 15.0 0.0 ANY Sales | 2 |
the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. d. Any of the provisions of this endorsement that conflict with a law which controls the premium audit for this Coverage Part is changed by this statement to comply with that law. B. The units of exposure shown in the Schedule above are calculated in accordance with ISO Rules. GL0003 07 15 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following exclusion is added This insurance does not apply to any bodily injury property damage personal and advertising injury or any other injury damage liability loss cost or expense in whole or in part caused by based upon resulting from arising out of caused by or contributed by or in any way related to the actual alleged or threatened ingestion inhalation absorption or exposure to lead in any form from any source including but not limited to 1. The manufacture sale distribution handling installation use removal or storage of lead in any form from any source or The emission release or transmission of lead in any form from any source or Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with lead or possible lead exposures or Any loss cost expense liability or other type of obligation arising out of or resulting from or in any related to any a. Claim suit request demand directive or order by or on behalf of any person entity or governmental authority that any insured or others test for monitor clean up remove contain treat detoxify abate neutralize or in any way respond to or assess the effects of lead in any form from any source or to any b. Claim or suit by or on behalf of any person entity or governmental authority for damages or any other relief or remedy because of testing for monitoring cleaning up removing containing treating or detoxifying abating or neutralizing or in any way responding to or assessing the effects of lead in any form. We shall have no obligation of any kind including but not limited to any obligation to investigate to provide defense to pay defense costs or to settle or pay settlements or judgments as respects to any claim suit or proceeding involving or allegedly involving lead as excluded in this endorsement. We further shall have no obligation as respects any insured to indemnify or contribute with any part in connection with the matters excluded in this endorsement. Lead Exclusion Includes copyrighted material of Insurance Services Office Inc. with its permission GL0004 07 15 Page 1 of 2 | 2 |
As used in this exclusion lead includes but is not limited to the mineral lead chemical element and symbol lead Pb Atomic Number 82 in any form whether or not the lead is 1 Pure 2 Contained in on or incorporated into products goods or materials 3 Solid liquid gaseous or in fumes or 4 Contained in any part of any building structure building material product or any other real or personal property. This exclusion does not apply to bodily injury or property damage that is caused by a sudden abrupt striking by or impact with lead which causes an immediate and conspicuous manifestation of physical injury to persons or property. All other terms and conditions of the policy remain unchanged. Lead Exclusion Includes copyrighted material of Insurance Services Office Inc. with its permission GL0004 07 15 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT WITH AGGREGATE CAP This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects Each construction project described in a separate written contract. Information required to complete this Schedule if not shown above will be shown in the Declarations. Designated Construction Projects Aggregate Cap For All Projects Combined 5000000. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally 2. The Designated Construction Project General obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. However the separate Designated Construction Project General Aggregate Limits are subject to a Designated Construction Project General Aggregate Cap For All Projects Combined in the amount shown in the schedule of this endorsement. The Designated Construction Project General Aggregate Cap For All Projects Combined is the maximum amount we will pay under the General Aggregate Limit for all claims arising from all Designated Construction Projects combined. Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project and the Designated Construction Project General Aggregate Cap For All Projects. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Includes copyrighted material of ISO Properties Inc. with its permission GL0009 10 15 Page 1 of 2 | 2 |
C. When coverage for liability arising out of the products completed operations hazard s provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Schedule above. However such payments for damages and medical expenses included in the Designated Construction Project General Aggregate Limit for all designated construction projects combined will reduce the Designated Construction Project General Aggregate Cap For All Projects. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. Includes copyrighted material of ISO Properties Inc. with its permission GL0009 10 15 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIOR LOSSES CLAIMS AND LITIGATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage personal injury advertising injury medical payment nor do we have any duty to defend 1. Any damage loss cost or expense which began to occur in whole or in part before the inception date of this policy and which continue into the policy period regardless of whether any person including the insured knew or had reason to know of any damage loss cost or expense 2. Any claim suit action demand arbitration alternative dispute resolution which arose before the inception date of this policy a. regardless of whether the insured knew of any such claim suit action demand arbitration or alternative dispute resolution and b. irrespective of whether ultimate liability or the final amount of the damages loss cost or expense has or has not been established This policy applies only to damage loss cost or expense which first occurs in the policy period. GL0019 12 15 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE INCLUDES BI PD PI Al AND SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER OCCURRENCE or PER OFFENSE Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability Property Damage Liability Personal 5000 and Advertising Injury and Supplementary payments If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage and personal and advertising injury however caused and to all payments made under the Supplementary Payments provisions of this policy. Amount and Basis of Deductible PER OCCURRENCE or PER OFFENSE 5000 A. Our obligation under the Bodily Injury Liability Property Damage Liability or Personal and Advertising Injury Liability Coverages to pay damages on your behalf and to pay associated defense costs expenses and other payments specified under Supplementary Payments including but not limited to the expenses we incur to investigate or settle a claim or defend a suit applies only to the amount of damages and associated Supplementary Payments in excess of any deductible amount stated in the Schedule above. B. The deductible amount shall include all associated defense costs investigation expenses and other payments specified under Supplementary Payments whether or not indemnity or loss payment is made. C. The deductible is on per occurrence basis and applies as follows 1. 2. Under Bodily Injury Liability Coverage to all damages because of bodily injury Under Property Damage Liability Coverage to all damages because of property damage Under Personal and Advertising Injury Liability Coverage to all damages because of personal and advertising injury or Under Bodily Injury Liability Property Damage Liability and Personal and Advertising Injury Liability Coverages combined to all damages because of a. Bodily injury b. Property damage c. Personal and advertising injury or GL0022 07 16 Includes copyrighted material of ISO Properties with its permission Page 1 of 2 | 2 |
Bodily injury property damage and personal and advertising injury combined as the result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense.. The terms of this insurance including those with respect to 1. Our right and duty to defend an insured against any suits seeking those damages d. and 2. Aninsured s duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible amount We may pay any part or all of the deductible amount to effect 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. GL0022 07 16 Includes copyrighted material of ISO Properties with its permission Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM less than 100 The following additional policy Conditions supersede any other policy conditions as regards the minimum earned premium for this policy Minimum Earned Premium This policy is subject to a minimum earned premium. Minimum earned premium means the premium that is calculated as follows 1. 90 of the total policy premium as shown in the policy Declarations plus 2. Any premium adjustment by endorsements plus 3. Any additional premium developed by audit. Audits and Minimum Earned Premium Audits may reduce the minimum earned premium. The due date for audit premiums is the date shown as the due date on the bill. Cancellation and Minimum Earned Premium 1. If you cancel this policy the return premium will be 90 of the pro rata balance of any remaining unearned premium but no less than 25 of the minimum earned premium. 2. If we cancel the policy for any reason other than for non payment of premium the minimum earned premium shall not apply. We will return to you the pro rata amount of the unearned premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GL0025 10 17 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 POLICY NUMBER GLL10549 02 UMR B0356JG135V20A000 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section 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 Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 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 property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or 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. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2.Exclusions This insurance does not apply to CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This. exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable 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 transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00010413 Insurance Services Office Inc. 2012 Page 2 of 16 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a b c At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels 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 subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or 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. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 CG 00010413 Insurance Services Office Inc. 2012 Page 4 of 16 | 1 |
4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 5. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless 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 a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liabili Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. CG 00010413 Insurance Services Office Inc. 2012 Page 6 of 16 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecastin 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. 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.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. CG 00010413 Insurance Services Office Inc. 2012 Page 8 of 16 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the 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 indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when 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 insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in 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 purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. CG 00010413 Insurance Services Office Inc. 2012 Page 10 of 16 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If aclaim 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 against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed 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. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be 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 provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete CG 00010413 Insurance Services Office Inc. 2012 Page 12 of 16 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 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 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. CG 00010413 Insurance Services Office Inc. 2012 Page 14 of 16 | 1 |
13. 14. 15. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. 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. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. b c 3 CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c Aperson or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented 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. CG 00010413 Insurance Services Office Inc. 2012 Page 16 of 16 | 1 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 04351207 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 Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee Programs 1000000 aggregate 1000 INCLUDED Retroactive Date March 31 2003 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 a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person 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 covered unless explicitly provided for under Supplementary Payments.. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 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 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement.. 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 received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph a. above. 3 CG 04351207 ISO Properties Inc. 2006 Page 10f 6 | 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 available to cover the claim. d. 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 dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation 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 respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended 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 accrued 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 termination 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 Supplementary Payments Coverages A B and Employee Benefits Liability. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. 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 employees having proper temporary authorization 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. CG 04351207 ISO Properties Inc. 2006 Page 2 of 6 | 2 |
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 no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. b. Coverage 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 Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number 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. b. 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. c. 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 omissions negligently committed in the administration of your employee benefit program. 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 endorsement 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 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 additional period will be deemed part of the last preceding period for purposes of determining 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 applicable 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 sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions 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 notification 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 Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit 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 CG 04351207 ISO Properties Inc. 2006 Page 3 of 6 | 2 |
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 received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission 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 without our consent. 4. 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 insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. 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 omission 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 against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 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 Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 3 4 CG 04351207 ISO Properties Inc. 2006 Page 4 of 6 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. 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 extend the policy period or change the scope of coverage provided. It applies only to 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 doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. 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 under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.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 beneficiaries 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 program. 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 suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise CG 04351207 ISO Properties Inc. 2006 Page 5 of 6 | 2 |
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. 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 benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Definitions Section are replaced by the following 5. 18. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which damages because of an act error or omission 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. CG 04351207 ISO Properties Inc. 2006 Page 6 of 6 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract Condition and supersedes any provision to the or agreement that this insurance would contrary be primary and would not seek contribution from any other insurance Primary And Noncontributor Y 4 available to the additional insured. Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A or the offense which results in personal and advertising injury under Coverage B. All locations where your ongoing operations are performed for any additional insured as specified in a written contract. 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 the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20100413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured 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. CG 20100413 Insurance Services Office Inc. 2012 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 G 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You All locations scheduled on this policy where you are required by written contract to provide additional Insured status to managers or lessors of premises. Name Of Persons Or Organizations Additional Insured Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to any occurrence which results in bodily injury or property damage. Additional Premium INCLUDED 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 the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured 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. CG 20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG20150413 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 are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage. All products of all Named Insureds. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured 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. vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. 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 b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. 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 CG 20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. 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 Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product 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 Bodily injury or property damage arising 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 accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Ill 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. CG201504 13 Insurance Services Office Inc. 2012 Page 2 of 2 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A or the offense which results in personal and advertising injury under Coverage B 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 the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires.. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured 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. CG 20280413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Completed Operations Any person or organization whom you are required to add as an additional insured to this policy under a written contract executed prior to the occurrence which results in bodily injury or property damage under Coverage A or the offense which results in personal and advertising injury under Coverage B. Al locations where your work was performed for any additional insured as specified in a written contract. 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 the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured 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. CG 20370413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER GLL10549 02 COMMERCIAL GENERAL LIABILITY UMR B0356JG135V20A000 CG 21070514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A Bodily Injury And Property Damage Liability B. The following is added to Paragraph 2. is replaced by the following Exclusions of Section Coverage B 2. Exclusions Personal And Advertising Injury Liability This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 21070514 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
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