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cA CNA PARAMOUNT Common Terms and Conditions XIill. NAMED INSURED AUTHORIZATION AND NOTICES The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all notices to the Insurer the receipt of notices from the Insurer the payment of the premiums the receipt of any return premiums that may become due under this Policy and the acceptance of endorsements. Any notices required under the CANCELLATION NON RENEWAL sections of this Policy shall be provided to the First Named Insured at the last known address and to its insurance agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. XIV. NO SUIT AGAINST INSURER A. No suit shall be brought under this Policy by anyone other than the Named Insured. The Named Insured may not bring any such suit action or legal proceeding unless as a condition precedent there shall have been full compliance with all the provisions of this Policy and 1. with respect to any property coverage part the action is brought within 3 years after the date on which the loss or damage occurred or with respect to any crime coverage the date the loss was discovered 2. with respect to any third party coverage part the amount of the Named Insured s obligation to pay shall have been finally determined either by final and nonappealable judgment against the Named Insured after trial or by written agreement of the Named Insured the claimant and the Insurer. However if any law prohibits such time limitation then the limitation is amended to equal the minimum time limitation required by such law. B. No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against the Named Insured to determine the Named Insured s liability nor shall the Insurer be impleaded by the Named Insured or their legal representatives in any such suit. XV. TRADE AND ECONOMIC SANCTIONS This Policy does not provide coverage for any Named Insured transactions or any loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. XVI. HEADINGS The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago lllinois but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the Insurer. g Chairman Secretary N e e o CNAB2642XX 09 12 Page 3 of 3 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Education General Liability Coverage Part Declarations Policy Number 4029217204 1. Named Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Insured and mailing address Address 22201 W INNOVATION DR OLATHE KS 66061 1304 2. Type of. Organization Corporation 3. Limits of Insurance Deductible General Aggregate Limit 2 000000 Products Completed Operations Aggregate Limit 2000000 Personal And Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit 300 000 Medical Expense Limit Any One Person 5000 000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 3044.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 3044.00 5. Audit Period Not Auditable e e e Insured and mailing address Insurance Deductible Fees at Issuance CNA75694XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 4029217204 Policy Level P Premium Estimated Coverage Hazard Description Exposure s Rate Eremitn Increased Damages for Premises Rented to 60 you Estimated premium for Increased Limits for Damage to Premises is determined based on tiered rates depending on the number of locations Location Level Location Number Location Address 1 22201 INNOVATION DR OLATHE KS 66061 Coverage Hazard Description Exposure Rate Estimated Premium Class Code 80157 Schools Colleges universities junior colleges or college preparatory. Products completed operations are subject to the General Aggregate Limit. Premises Operations 140 SD 21.315 2984 Location Sub Total 2984 CIVA CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 bold 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 Ill 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 The bodily injury or property damage occurs during the policy period and Prior to the policy period no Insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or 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. g 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 bodil damage or injury or property 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. CG0001 04 13 Page 1 of 20 P T. N T 1 Page 1 of 20 Copyright Insurance Services Office Inc. 2012 | 0 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the Insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an Insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an Insured contract reasonable 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. 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. P T. N T 1 CG0001 04 13 Page 2 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. 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. 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 Atorfrom any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any Insured or i Any person or organization for whom you may be legally 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 P T. N T 1 CG0001 04 13 Page 3 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 Ator from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any 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 b The operation of any of the machinery or equipment listed in Paragraph.2 or f.3 of the definition of mobile equipment. P T. N T 1 CG0001 04 13 Page 4 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 3 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 4 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Personal property in the care custody or control of the Insured 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 Ill 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. k. Damage To Your Product Property damage to your product arising out of it or any part of it. I. 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. P T. N T 1 Paragrap Paragrap operatio k. Damage Property I. Damage Property operatio CG0001 04 13 Page 5 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property 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. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 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. 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 lll Limits Of Insurance. CG0001 04 13 Page 6 of 20 P T. N T 1 Page 6 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
20020000440292172042600 cA CNA PARAMOUNT Commercial General Liability Coverage Part COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the Insured against any suit seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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 Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. CG0001 04 13 Page 7 of 20 P T. N T 1 Page 7 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. CG0001 04 13 Page 8 of 20 P T. N T 1 Page 8 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
g cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. 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. 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. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any Insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. P T. N T 1 Toany Ir b. Hired Pe To a per c. Injury O To a per d. Workers To a per provided CG0001 04 13 Page 9 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an Insured we defend 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. Al 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. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. 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 This insurance applies to such liability assumed by the Insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same Insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit CG0001 04 13 Page 10 of 20 P T. N T 1 Page 10 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. Anindividual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an Insured. Your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. c. A limited liability company you are an Insured. Your members are also Insureds but only with respect to the conduct of your business. Your managers are Insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an Insured. Your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are also Insureds but only with respect to their liability as stockholders. e. Atrust you are an Insured. Your trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following is also an Insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are Insureds for g 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 co employee 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 co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. CG0001 04 13 Page 11 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an Insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 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. P T. N T 1 CG0001 04 13 Page 12 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. Ifaclaim is made or suit is brought against any Insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. g 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 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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. 3. Legal Action Against Us No person or organization has a right under this Coverage Part CG0001 04 13 Page 13 of 20 P T. N T 1 Page 13 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an Insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That s Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional Insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer defends we will undertake to do so but we will be 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. 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. P T. N T 1 CG0001 04 13 Page 14 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 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. As if each Named Insured were the only Named Insured and b. Separately to each Insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them. 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. 20020000440292172042604 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 CG0001 04 13 Page 15 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of 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. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or 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 P T. N T 1 CG0001 04 13 Page 16 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
g cA CNA PARAMOUNT Commercial General Liability Coverage Part That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. b. 4 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos CG0001 04 13 Page 17 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials 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. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or 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. P T. N T 1 CG0001 04 13 Page 18 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
g cA CNA PARAMOUNT Commercial General Liability Coverage Part b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 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 A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. CG0001 04 13 Page 19 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. P T. N T 1 CG0001 04 13 Page 20 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Pollution Exclusion Amendatory Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete paragraph 2 of exclusion f. Pollution in its entirety and replace it with the following This insurance does not apply to 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 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 if liability for damages because of property damage is not excluded by paragraph 1 of this exclusion then neither will paragraph 2a above serve to exclude such damages. 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74843XX 1 15 Policy No Page 1 of 1 Endorsement N AMERICAN CASUALTY CO OF READING PA Effective Date Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 4029217204 1 04072016 Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Colleges or Schools Limited Form Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that with respect to the operation of any college or school by the Named Insured or on the Named Insured s behalf the following provisions apply I With respect to the transportation of students under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions the exclusion entitied Aircraft Auto Or Watercraft is deleted and replaced by the following Aircraft Auto Or Watercraft This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any aircraft auto or watercraft that is owned operated or hired by any Insured. For the purpose of this exclusion the word hired includes any contract to furnish transportation of the Named Insured s students to and from schools. This exclusion applies even if the claims against the 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 auto or watercraft that is owned or operated by or rented or loaned to any Insured. Il. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitled Exclusions are amended to add the following exclusions If such college or school owns or operates an infirmary with facilities for lodging and treatment or if it owns or operates a public clinic or hospital this insurance does not apply to bodily injury property damage or personal and advertising injury caused by A. the rendering of or failure to render 1. medical surgical dental x ray or nursing service treatment advice or instruction or the related furnishing of food or beverages 2. any health or therapeutic service treatment advice or instruction or 3. any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. B. the furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or C. the handling or treatment of dead bodies including autopsies organ donation or other procedures. g This insurance does not apply to bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition if there is no direct management organization or supervision of such sports or athletic contest or exhibition by any Insured. lll. Under COVERAGES Coverage C Medical Payments the paragraph entitied Exclusions is amended to add the following exclusion The Insurer will not pay expenses for bodily injury to the Named Insured s student. IV. The definition of Insured in the section entitled DEFINITIONS is amended as follows Insured also includes any of the following but only with respect to their duties in connection with the positions described below A. any of the Named Insured s trustees or members of the Named Insured s Board of Governors if the Named Insured is a private charitable or educational institution CNA75001XX 1 15 Policy No 4029217204 Page 10of 2 Endorsement No 2 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Colleges or Schools Limited Form Endorsement B. any of the Named Insured s board members or commissioners if the Named Insured is a public board or commission or C. any student teachers teaching as part of their educational requirements. Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75001XX 1 15 Page 2 of 2 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 4029217204 Endorsement No 2 Effective Date 04072016 Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Silica Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that the policy is amended as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to add the following exclusion This insurance does not apply to A. bodily injury arising in whole or in part out of the actual alleged or threatened 1. respiration or 2. ingestion at any time of silica or B. property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to personal and advertising injury arising in whole or in part out of the actual alleged or threatened A. exposure at any time to or B. presence at any time of silica. The following definition is added Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. 20020000440292172042609 Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74687XX 1 15 Page 1of 1 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Policy No Endorsement N Effective Date 4029217204 3 04072016 | 2 |
cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the policy is amended as follows I. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. bodily injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury B. property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure or C. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such loss cost or expense. However this exclusion does not apply to any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. 20020000440292172042610 w 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. However this exclusion does not apply to i. any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il As used herein A. 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. CNA74708XX 1 15 Policy No 4029217204 Page 10of 2 Endorsement No 4 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved wVA Fungi Mold Mildew Yeast | 2 |
cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement B. microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes 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 microbes. IV. The following Condition is added Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by the Insurer. If the Named Insured disagrees with that determination the Named Insured and by the Insurer agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as the Named Insured and the Insurer agree to. If binding arbitration of insurance disputes is not allowed in the state where the Named Insured is incorporated or if the Named Insured is not a corporation the state where the Named Insured is domiciled then arbitration shall be non binding and shall only proceed if both the Named Insured and the Insurer agree to enter into it. The arbitration will be held in the county where the Named Insured is headquartered or at such other location as may be jointly agreed to by the Named Insured and the Insurer. Each party will bear its own arbitration costs. wVA Fungi Mold Mildew Yeast 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74708XX 1 15 Page 2 of 2 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Policy No 4029217204 Endorsement No 4 Effective Date 04072016 | 2 |
g cA CNA PARAMOUNT Designated Professional Services Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services Educator s Legal Animal Health and Plant Tree Research Food Safety Research Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule it is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional service. 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74754XX 1 15 Policy No 4029217204 Page 1of 1 Endorsement No 5 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved wVA De5gnated F | 2 |
cA CNA PARAMOUNT Employment Related Practices Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to Bodily injury or personal and advertising injury to 1 a person arising out of any a refusal to employ that person b c employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or termination of that person s employment or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. However solely with respect to Coverage A this exclusion does not apply to physical injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job. 20020000440292172042612 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74761XX 1 15 Page 1of 1 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 4029217204 Endorsement N 6 Effective Date 04072016 Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Corporal Punishment Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury to the Named Insured s students arising out of any corporal punishment administered by or at the direction of any Insured. Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74773XX 1 15 Policy No 4029217204 Page 1 of 1 Endorsement N 7 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Athletic or Sports Participants Exclusion with Carveback Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to add the following exclusion This insurance does not apply to bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition. This exclusion does not apply to bodily injury arising out of participation in physical education classes if the operations are that of a school. wVA Athletic or Sports P ene il e 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74886XX 1 15 Page 1of 1 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Policy No 4029217204 Endorsement N 8 Effective Date 04072016 | 2 |
cA CNA PARAMOUNT Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following This insurance does not apply to 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 relation expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. As used herein 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. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitied Exclusions is amended to add the following exclusion Access Or Disclosure Of Confidential Or Personal Information This insurance does not apply to 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 the Named Insured or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. wVA Exclusion Access or Discl or Personal Information and D TR TV T o Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75089XX 1 15 Policy No 4029217204 Page 1 of 1 Endorsement No 9 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Education Employee Benefits Liability Coverage Part Declarations Policy Number 4029217204 1. Named Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Insured and mailing address Address 22201 W INNOVATION DR OLATHE KS 66061 1304 2. Type of c i Organization orporation 3. Limits of Insurance Each Employee Limit 51000000 Deductible Employee Benefits Liability all claims in the aggregate limit 52000000 Deductible Each Employee 1000 51000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 425.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 425.00 5. Audit Period Not Auditable At et e CIVA Insured and mailing address Insurance Deductible ty all claims in the aggregate limit Fees at Issuance CNA74693XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Employee Benefits Liability Schedule of Locations and Coverages Policy Number 4029217204 Location Level Location Number Location Address 1 22201 INNOVATION DR OLATHE KS 66061 Premium Estimated Coverage Hazard Description Exposure Basis Rate Premium Each Employee Benefits Liability 50 Employee Incl 425 Location Sub Total 425 CIVA Additional Declarations PR T R P T I CNA75133XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence I. COVERAGE The Insurer will pay those sums up to the applicable limit of insurance that the Insured becomes legally obligated to pay as damages as a result of a covered claim for an act error or omission negligently committed in the administration of the Named Insured s employee benefit program provided that such act error or omission A. takes place in the coverage territory B. was committed during the policy period and C. prior to the effective date of the policy period 1. no authorized insured knew or should have known of a claim or circumstance 2. no Insured had given notice to a prior insurer of any related claim. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. Il. DUTY TO DEFEND The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered suit even if any of the allegations of such suit are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation proceeding the Insurer shall be entitied to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. lll. EXCLUSIONS This insurance does not apply to A. Bodily Injury Property Damage or Personal and Advertising Injury any bodily injury property damage or personal and advertising injury. B. Dishonest Fraudulent Criminal or Malicious Act Damages any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. C. Employment Related Practices g any wrongful termination of employment discrimination or other employment related practices. D. ERISA Internal Revenue Code any act error or omission in the Insured s capacity as a fiduciary under 1. the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws or 2. the Internal Revenue Code of 1986 as now or hereafter amended. E. Failure to Perform a Contract any failure of performance of contract by any insurer. F. Inadequacy of Performance of Investment Advice Given with Respect to Participation any 1. failure of any investment to perform CNA74721XX 01 15 Page 1 of 8 e Page 1 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 2. 3. errors in providing information on past performance of investment vehicles or 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. G. Insufficiency of Funds any insufficiency of funds to meet any obligations under any plan included in the employee benefit program. H. Workers Compensation and Similar Laws any failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. IV. LIMITS OF INSURANCE AND DEDUCTIBLE A. Limits of Insurance 1. Related Claims Al related claims whenever made shall be considered a single claim first made during the policy period in which the earliest claim was first made. 2. Limit of insurance each employee Subject to paragraph 2. below the Insurer s limit of insurance for damages for all covered claims made by or behalf of any one employee including such employee s dependents or beneficiaries shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability each employee. 3. Limit of insurance all claims in the aggregate The Insurer s limit of insurance for damages for all covered claims shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability all claims in the aggregate regardless of the number of employees. 4. Multiple insureds claims and claimants The limits of insurance shown in the Coverage Part Declarations and subject to the provisions of this policy is the most the Insurer will pay as damages regardless of the number of Insureds claims made or reported persons or entities making claims acts errors or omission which result in damages or defense costs employee benefit plans. B. Deductible 1. The Insurer s obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount stated on the Coverage Part Declarations as applicable to each employee including such employee s dependents or beneficiaries. The limits of insurance shall not be reduced by the amount of this deductible. 2. The deductible amount stated on the Coverage Part Declarations 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. 3. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim and upon notification of the action taken the Insured shall promptly reimburse the Insurer for such part of the deductible amount as the Insurer has paid. 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 Policy 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. CNA74721XX 01 15 Page 2 of 8 e Page 2 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence V. CONDITIONS Assistance and Cooperation If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings B. fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this coverage part unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this coverage part which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouse of any natural person Insured shall also be insured under this coverage part provided however coverage is afforded to such estates heirs legal representatives and spouse only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such. Notice of Claims and Circumstances A. Notice of Circumstances The Insured must see to it that the Insurer is notified promptly of any circumstance. To the extent possible notice should include 1. how when and where the act error or omission took place 2. the names and addresses of any injured persons or organizations and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of Claims If a claim is made against any Insured the Insured must 1. immediately record the specifics of the claim and the date received and 2. notify the Insurer in writing as soon as possible. The Insured must 1. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim 2. authorize the Insurer to obtain records and other information. no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without the Insurer s consent. e 1. immediate 2. notify the C. The Insured i 1. immediate connectior 2. authorize D. no Insureds v expense witho CNA74721XX 01 15 Page 3 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Other Insurance If other valid and collectible insurance is available to the Insured for loss insured under this coverage part the Insurer s obligations are limited as follows A. Primary Insurance This insurance is primary. The Insurer s obligations are not affected unless any of the other insurance is also primary. Then the Insurer will share with all that other insurance by the method described in Paragraph b. below. B. Method of Sharing If all of the other insurance permits contribution by equal shares the Insurer 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 the Insurer 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. Premium Audit A. The Insurer will compute all premiums for this coverage part in accordance with the Insurer 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 the Insurer 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 term is greater than the earned premium the Insurer will return the excess to the First Named Insured. C. The First Named Insured must keep records of the information the Insurer need for premium computation and send the Insurer copies at such times as the Insurer may request. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the First Named Insured this insurance applies A. as if each Named Insured were the only Named Insured and B. separately to each Insured against whom a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer s rights and must do nothing to prejudice such rights. VI. DEFINITIONS 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 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. e CNA74721XX 01 15 Page 4 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s 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 the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Bodily injury means physical injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means A. suit or B. a written or oral demand for damages alleging negligent acts errors or omissions committed in the administration of the Named Insured s employee benefit plans. Circumstance means an act error or omission reported during the policy period from which an executive officer reasonably expects that a claim could be made. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. 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. Damages means the amount an Insured is legally obligated to pay either through 20020000440292172042620 A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include with respect to any claim 1. restitution return or disgorgement of fees costs and expenses paid or incurred or charged by an Insured no matter whether claimed as restitution of specific funds forfeiture financial loss set off or otherwise and injuries that are a consequence of any of the foregoing 2. civil or criminal fines sanctions penalties forfeitures or taxes whether pursuant to statute regulation or court rule including those imposed under the Internal Revenue Code 3. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards 4. injunctive or declaratory relief CNA74721XX 01 15 Page 5 of 8 e Page 5 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 5. any amount that is not insurable under any applicable law or 6. plaintiff s attorney fees associated with any of the above 7. any amounts 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 or 8. any amounts that exceed the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 1000.00 per 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. Payment of defense costs will not reduce the limit of insurance. 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. Employee benefit program means a program providing some or all of the following benefits to the employees whether provided through a cafeteria plan or otherwise A. C. D. 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 or 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. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A B. C. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership CNA74721XX 01 15 Page 6 of 8 e Page 6 of 8 Copyright GNA All Rights Reserved. | 2 |
g cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence D. manager of a limited liability company E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means any Named Insured and A. any natural person who was is or becomes 1. the Named Insured s executive officers but only for the administration of the Named Insured s employee benefit program or 2. the Named Insured s stockholders but only with respect to their liability as stockholders. 3. the Named Insured s employees authorized to administer its employee benefit program or 4. any natural person including any employee or any organization having proper temporary authorization to administer the Named Insured s employee benefit program but only until an authorized legal representative is appointed on behalf of the Named Insured. B. any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest if there is no other similar insurance available to that organization. However 1. coverage under this provision is afforded only until the 90th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier and 2. coverage does not apply to acts errors or omissions that occurred before the Named Insured acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. In addition to the above the estates heirs legal representatives or spouses of any of the Named Insured s executive officers or employees qualifying as an Insured are also insured pursuant to the condition entitied Estates Legal Representatives And Spouses. Leased worker means a natural person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and the labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Named Insured means the person or organization shown in the Declarations and any other person or organization qualifying as a Named Insured under this coverage part. 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. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a natural 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 natural person s right of privacy CNA74721XX 01 15 Page 7 of 8 e Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright or slogan in the Named Insured s advertisement. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Property damage means physical injury to A. 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. Related claims means all claims arising out of a single act error or omission or arising out of related acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefits program. Spouse means any husband or wife or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Suit means a civil proceeding in which damages 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 the Insurer s consent or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a natural person who is not the Named Insured s employee and who donates his or her work and acts at the direction of and within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Named Insured. e CNA74721XX 01 15 Page 8 of 8 Copyright GNA All Rights Reserved. | 2 |
20020000440292172042622 cA CNA PARAMOUNT Bridge Endorsement Kansas This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is understood and agreed as follows The Common Terms and Conditions are amended to delete the sections entitled Bankruptcy and No Suit Against Insurer as the conditions section of the Coverage Part has more specific conditions of its own. The conditions section is amended to delete the condition entitled When We Do Not Renew. Please refer instead to Condition lll. CANCELLATION NONRENEWAL of the Common Terms and Conditions. The DEFINITIONS section is amended to add the following new definitions Claim means A. asuitor B. awritten or oral demand for damages alleging injury to which this insurance applies. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction. Defense costs means those amounts set forth under the SUPPLEMENTARY PAYMENTS section of any applicable coverage part. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means those persons or organizations as set forth in the section entitied Who is an Insured. Named Insured means the persons or organizations named as such in the Declarations and any other person or organization qualifying as a named insured under this policy. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Spouse means any husband or wife. IV. Where the phrase claim or suit appears it is deleted and replaced with the defined term claim. A Any reference to the Insurer in this Policy refers to the company providing this insurance. ot ad e Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNAB2646KS 1 15 Policy No 4029217204 Page 1 of 1 Endorsement No 10 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Kansas Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL A CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. If the policy has been in effect for less than ninety 90 days the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer at least a. ten 10 days prior to the effective date of cancellation if the Insurer cancels for nonpayment of premium or b. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other reason. After the policy has been in effect for ninety 90 days or more it may be canceled only for one of the following reasons nonpayment of premium the policy was issued because of a material misrepresentation the Named Insured or Insureds violated any of the material terms and conditions of the policy unfavorable underwriting factors specific to the Named Insured or Insureds exist that were not present at the inception of the policy e. a determination by the commissioner that continuation of coverage could place the Insurer in a hazardous financial condition or in violation of the laws of this state or f. a determination by the commissioner that the Insurer no longer has adequate reinsurance to meet the Insurer s needs. cooe The Insurer will mail or deliver written notice to the Named Insured at the last mailing address known to the Insurer at least i. ten 10 days prior to the effective date of cancellation if the Insurer cancels for nonpayment of premium or ii. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other permissible reason. The notice will state the actual reason for the cancellation. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice is mailed proof of mailing will be sufficient proof of notice. Lo ii. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other permissible reason. 4. The notice will state the actual reason for the cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CNA62814KS 9 12 Policy No 4029217204 Page 10of 2 Endorsement No 11 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Kansas B. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. C. NON RENEWAL 1. The Insurer can non renew the policy by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days before the expiration date. The notice of non renewal will state the actual reason for non renewal. If notice is mailed proof of mailing will be sufficient proof of notice. Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA62814KS 9 12 Page 2 of 2 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved Policy No 4029217204 Endorsement No 11 Effective Date 04072016 | 2 |
cA CNA PARAMOUNT Calculation of Premium Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART It is understood and agreed that 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 the Insurer will compute the premium in accordance with the Insurer s rates and rules then in effect. S 1k e e TS 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74726XX 1 15 Page 1of 1 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 4029217204 Endorsement N 12 Effective Date 04072016 Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Asbestos Exclusion Endorsement Kansas This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM STOP GAP COVERAGE PART It is understood and agreed that the following exclusion is added This insurance does not apply to A. bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or B. any loss cost or expense that may be awarded or incurred 1. by reason of a claim for any bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. As used herein asbestos means the mineral in any form whether or not the asbestos was at any time i. airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property. carried on clothing iv. inhaled or ingested or V. transmitted by any other means. 20020000440292172042625 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74719KS 1 15 Page 1of 1 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Policy No Endorsement N Effective Date 4029217204 13 04072016 | 2 |
g cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART It is understood and agreed that the policy is amended as follows 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 2. resulting from the hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b. the Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 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. 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 spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or 3. the bodily injury or property damage arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3. applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 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. CNA74727XX 1 15 Policy No 4029217204 Page 1 of 2 Endorsement No 14 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission wVA Nuclear Energy Liability Exc Y CO OF READING PA | 2 |
cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form 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 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 B. D. any nuclear reactor any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at 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 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. wVA Nuclear Energy Liability Exc Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74727XX 1 15 Page 2 of 2 AMERICAN CASUALTY CO OF READING PA Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 4029217204 Endorsement No 14 Effective Date 04072016 Y CO OF READING PA | 2 |
CNA CNA PARAMOUNT Exclusion of Certified Acts of Terrorism Endorsement Solely with respect to the following coverage parts General Liability Employee Benefits Liability 20020000440292172042627 It is understood and agreed as follows The Named Insured has been previously notified of the availability of and the price for coverage of certified acts of terrorism under the Terrorism Risk Insurance Act as extended and reauthorized the Act. The Named Insured has opted to exclude such coverage under any coverage part to which this endorsement is applicable. This endorsement excludes such certified acts of terrorism.. The following exclusion is added Terrorism This insurance does not apply to any injury or damage arising directly or indirectly out of a certified act of terrorism. Il. The following new definitions are added to the policy A. For the purposes of this endorsement any injury or damage means any injury or damage covered under any coverage part to which this endorsement is applicable and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in any applicable coverage part. B. 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 Act. The Act set forth the following criteria for a certified act of terrorism 1. The act resulted in aggregate losses in excess of 5 million 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. Ill. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this coverage part or policy. Al 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 effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74926XX 2 15 Policy No 4029217204 Page 1 of 1 Endorsement No 15 AMERICAN CASUALTY CO OF READING PA Effective Date 04072016 Insured Name KANSAS STATE OLATHE INNOVATION CAMPUS INC. Copyright CNA All Rights Reserved | 2 |
333 S Wabash Chicago lllinois 60604 CNA Policy Number From Policy Period To Coverage Is Provided By Agency 4029217204 040716 040717 American Casualty Co of Reading PA060692310 Named Insured And Address Agent KANSAS STATE OLATHE INNOVATION CAMPUS LOCKTON COMPANIES LLC INC. 444 W. 47TH ST. 900 22201 W INNOVATION DR KANSAS CITY MO 64112 OLATHE KS 66061 1304 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 04072016 TOTAL PREMIUM PREMIUM 3469.00 3469.00 ISSUE DATE 041416 | 2 |
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Figure 28 TAC 1.60a3 1 IMPORTANT NOTICE To obtain information or make a complaint 2 You may contact your title at telephone number. 3 You may call company s toll free telephone number for information or to make a complaint at 4 You may also write to company at 5 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 6 You may write the Texas Department of Insurance PO Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httplwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact either the agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede comunicarse con su title al telephone number. Usted puede llamar al numero de telefono gratis de company s para informacion o para someter una queja al Usted tambien puede escribir a company Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httplwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente o la Compania primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. U may also write to company at 149104 X 78714 9104 475 1771 plwww.tdi.state.tx.us onsumerProtectiontdi.state.tx.us | 2 |
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a 4.85 percent tax on a gross premium. Arch Insurance ARCH SPECIALTY INSURANCE COMPANY A Missouri Corporation Home Office Address Administrative Address 2345 Grand Blvd. Suite 900 Harborside 3 210 Hudson Street Suite 300 Kansas City MO 64108 Jersey City NJ 07311 1107 Tel 866 413 5550 TEXAS COMMERCIAL GENERAL LIABILITY POLICY DECLARATIONS Policy No. DPC0057810 02 Renewal of DPC0057810 01 Policy No. DPC0057810 02 Renewal of DPC0057810 01 Effective Date November 8 2016 Expiration Date October 1 2017 At 1201 am standard time at the mailing address of the Named Insured shown below. Item 1. Named Insured and Producer Named Insured Craneworks Inc. Mailing Address 7795 E. Little York Road Houston TX 77016 Producer Worldwide Facilities LLC Mailing Address 300 S. Wacker Drive Suite 245 Chicago IL 60606 Surplus Line Producer Worldwide Facilities LLC Mailing Address Ernst Young Building 725 S. Figueroa Street Suite 1900 Los Angeles CA 90017 Surplus Lines License Number 14971 Item 2. Named Insured Classified as Individual Partnership X Corporation Trust Joint Venture LLC LLP Other Producer Mailing Address 06 CGL0047 44 03 07 Page 1 of 2 | 2 |
Item 3. Limits of Insurance Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 Any one person or organization Damage to Premises Rented to You Limit 100000 Any one premises General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Item 4. Policy Premium 102161.00 Deposit Premium 102161.00 A flat charge per each policy period X Adjustable per the Premium Computation Endorsement Minimum Retained Audit 91944.90 Premium Minimum Retained 25540.25 Not subject to adjustment in the event of Premium cancellation by you. Item 5. Forms Endorsements attached See Schedule of Forms and Endorsements Form 00 ML0012 00 01 03 IN CONSIDERATION OF THE PAYMENT OF PREMIUM AND IN RELIANCE UPON STATEMENTS MADE IN THE APPLICATION THIS POLICY INCLUDING ALL ENDORSEMENTS ISSUED HEREIN SHALL CONSTITUTE THE CONTRACT BETWEEN THE COMPANY AND THE NAMED INSURED. Arch Specialty Insurance Company is licensed in the state of Missouri only. 1000000 1000000 100000 2000000 2000000 Any one person or organization Any one premises Minimum Retained Audit Premium Minimum Retained Premium Item 5. Forms Endorsements attached This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and this insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of 4.85 tax on gross premium. Worldwide Facilities LLC License 14971 Texas Surplus Lines Tax Stamping Fee Premium s 102161.00 Broker Fee i Company Fee 3 N 4.85 State Tax 4954.81 0.15Stamping Fee 153.24 06 CGL0047 44 03 07 Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED Craneworks Inc. TERM November 8 2016 to October 1 2017 POLICY NUMBER DPC0057810 02 ENDT. NO. FORM NO. TITLE 00 CGL0098 00 10 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 06 ML0002 00 12 14 SIGNATURE PAGE ARCH SPECIALTY 00 MLOOB5 00 06 07 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 06 ML0014 00 03 08 CLAIMS HANDLING PROCEDURES 00 CGLO038 00 09 06 EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT 00 ML0042 44 07 09 IMPORTANT NOTIGE TO ALL TEXAS POLICYHOLDERS 2 00 ML0003 00 04 12 SERVICE OF SUIT 3 00 CGL0107 00 05 12 PREMIUM COMPUTATION ENDORSEMENT COMMERGIAL GENERAL LIABILITY POLICY VERSION 4 00 CGLO099 00 06 14 DEDUCTIBLE LIABILITY ENDORSEMENT 5 00 CGL0072 00 09 06 NAMED INSURED ENDORSEMENT 6 00 CGL0007 00 10 07 CROSS SUITS EXCLUSION ENDORSEMENT 7 00 CGLO121 00 09 06 WAIVER OF SUBROGATION ENDORSEMENT 8 00 CGLO041 00 07 07 WRAP UP EXCLUSION ENDORSEMENT 9 00 CGL0039 00 09 06 ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT 00 CGL0080 00 09 06 RESIDENTIAL AND RESIDENTIAL CONVERSION EXCLUSION ENDORSEMENT 00 CGL0016 00 09 06 EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION ENDORSEMENT 00 CGL0023 00 09 06 TOTAL POLLUTION EXCLUSION ENDORSEMENT 00 CGL0366 00 01 10 ADDITIONAL INSURED DESIGNATED ENTITY ENDORSEMENT PRIMARY AND NON CONTRIBUTORY 00 CGL0243 00 05 08 DESIGNATED LOCATION OR PROJECT GENERAL AGGREGATE LIMIT AND POLICY AGGREGATE LIMIT ENDORSEMENT 00 CGL0220 00 09 06 TOTAL TERRORISM EXCLUSION ENDORSEMENT 00 ML0012 00 01 03 Page 1 of 1 | 2 |
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 BODILY INJURY PROPERTY DAMAGE PERSONAL AND ADVERTISING INJURY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury property damage or 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 any injury or damage to which this insurance does not apply. We may at our sole discretion investigate any occurrence or 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 Ill 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 to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the SUPPLEMENTARY PAYMENTS part of this policy. b. This insurance applies to 1 Bodily injury and property damage only if a The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory b The bodily injury or property damage occurs during the policy period and c The bodily injury or property damage commences on or after the Effective Date of this policy. Bodily injury or property damage which is a continuation of or arises out of relates to or results from in whole or in part injury or damage that commences before the Effective Date of this policy does not commence after the Effective Date of this policy. 2 Personal and advertising injury only if 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 28 with its permission. | 0 |
a The personal and advertising injury is caused by an offense arising out of your business and committed in the coverage territory b The offense is committed during the policy period and c The personal and advertising injury commences on or after the Effective Date of this policy. Personal and advertising injury which is a continuation of or arises out of relates to or results from in whole or in part injury that commences before the Effective Date of this policy does not commence after the Effective Date of this policy. c. If any occurrence or offense covered under this policy is also covered in whole or in part under any other commercial general liability policy issued to you by us or by any of our related or affiliated companies including but not limited to prior policies issued to you by us or by any of our related or affiliated companies the most that will be paid under all such policies covering the occurrence or offense is the single highest applicable limit of liability of one of the policies which cover the occurrence or offense. This provision does not apply to policies written by us or by any of our related or affiliated companies as insurance that applies in excess of this insurance. 2. Exclusions The exclusions contained herein and any exclusions contained in endorsements to this policy apply regardless of whether any cause event material or product contributed concurrently or in any sequence to the injury or damage. This insurance does not apply to any claim suit demand or loss that alleges a. Expected Or Intended Injury Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from injury or 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 attorney fees and necessary litigation expenses incurred by or for a third party 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 b Such party is not an insured other than an additional insured added by endorsement to this policy and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 28 with its permission. | 1 |
c Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by the 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. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar laws. Employer s Liability Bodily injury that in any way in whole or in part arises out of relates to or results from injury to 1 An employee or temporary worker of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 3 of 28 with its permission. | 1 |
2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Any bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a b c d 00 CGL0098 00 10 13 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 iiy 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 iii 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 person or entity 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 any insured or any person or organization for whom you may be legally responsible 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 Includes copyrighted material of Insurance Services Office Inc. Page 4 of 28 with its permission. | 1 |
e as part of the operations being performed by such insured contractor or subcontractor iiy 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 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 or To the extent that any such bodily injury or property damage is included in the products completed operations hazard. Any loss cost or expense that in any way in whole or in part arises out of relates to or results from any a b Request demand order or statutory or regulatory requirement or any other action authorized or required by law that any insured or others investigate test for monitor clean up remove dispose of contain treat abate remediate detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of investigating testing for monitoring cleaning up removing disposing of containing treating abating remediating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from 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 or offense which caused the injury or 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 5 of 28 with its permission. | 1 |
1 A watercraft while ashore on premises you own or rent 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 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 Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from 1 i. War The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1 War including undeclared or civil war or 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 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 6 of 28 with its permission. | 1 |
5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION 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. k. Damage To Your Product Property damage to your product arising out of your product or any part of your product. I Damage To Your Work Property damage to your work arising out of your work or any part of your work 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. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Exclusions j. through m. 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. n. Recall Of Products Work Or Impaired Property 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 7 of 28 with its permission. | 1 |
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. Asbestos Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the asbestos hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of asbestos as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. As used in this exclusion asbestos hazard means 1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of asbestos in any manner or form whatsoever either directly or indirectly 2 the actual or alleged failure to warn advise or instruct related to asbestos in any manner or form whatsoever 3 the actual or alleged failure to prevent exposure to asbestos in any manner or form whatsoever 4 the actual or alleged presence of asbestos in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. As used in this exclusion asbestos means any substance regardless of its form or state containing asbestos. Nuclear Liability Any injury or 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 8 of 28 with its permission. | 1 |
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 or 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 or under any Liability Coverage to any injury or damage resulting from hazardous properties of nuclear material if a 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 b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The injury or 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 c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 5 6 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 i separating the isotopes of uranium or plutonium ii processing or utilizing spent fuel or iii handling 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 9 of 28 with its permission. | 1 |
processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is 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. 7 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. 8 Property damage includes all forms of radioactive contamination of property. Employment Related Practices Any injury or damage to 1 A person arising out of any a Refusal to employ b Termination of that person s employment or c Employment related practices policies acts or omissions such as hiring promotion coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person d Action under Title VII of the 1964 Civil Rights Act andor any amendments thereto or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in Paragraphs a b c or d above is directed. This exclusion applies 1 Whether the insured may be held liable as an employer prospective employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Prior Loss Any bodily injury property damage or personal and advertising injury if such injury or damage is a continuation of or arises out of injury or damage that commenced prior to the Effective Date of the policy. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 10 of 28 with its permission. | 1 |
s. Fungi or Bacteria Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the fungi or bacteria hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. This exclusion does not apply to any fungi or bacteria that are are on or are contained in food or beverages. This exclusion applies regardless of whether any cause event material or product contributed concurrently or in any sequence to any such injury or damage. As used in this exclusion fungi or bacteria hazard means 1 actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of fungi or bacteria in any manner or form whatsoever either directly or indirectly 2 the actual or alleged failure to warn advise or instruct related to fungi or bacteria in any manner or form whatsoever 3 the actual or alleged failure to prevent exposure to fungi or bacteria in any manner or form whatsoever or 4 the actual or alleged presence of fungi or bacteria in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. As used in this exclusion fungi or bacteria include without limitation mold mildew yeast spores mycotoxins endotoxins or other pathogens as well as any particulates or byproducts of any of the foregoing either directly or indirectly. Lead Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the lead hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of lead as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. As used in this exclusion lead hazard means 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 11 of 28 with its permission. | 1 |
1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of lead in any manner or form whatsoever either directly or indirectly the actual or alleged failure to warn advise or instruct related to lead in any manner or form whatsoever the actual or alleged failure to prevent exposure to lead in any manner or form whatsoever or the actual or alleged presence of lead in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. Intellectual Property Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the actual or alleged infringement violation or defense of any of the following rights or laws 1 5 Various Personal and Adverti copyright other than infringement in your advertisement of copyright or slogan patent trade secrets trade dress or trademark service mark certification mark collective mark or trade name other than trademarked or service marked titles or slogans. ing Injury Offenses Personal and advertising injury 1 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 That in any way in whole or in part arises out of relates to or results from oral or written publication of material or any television radio or other electronic publication or broadcast of any kind whatsoever including but not limited to publication by means of Internet extranet e mail website web conference instant messaging or texting tweeting social media or by other similar means if done by or at the direction of the insured with knowledge of its falsity That in any way in whole or in part arises out of relates to or results from oral or written publication of material or any television radio or other electronic publication or broadcast of any kind whatsoever including but not limited to publication by means of Internet extranet e mail website web conference instant messaging or texting tweeting social media or by other similar means whose first publication or broadcast took place before the beginning of the policy period That in any way in whole or in part arises out of relates to or results from a criminal act committed by or at the direction of the insured 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 12 of 28 with its permission. | 1 |
5 6 9 10 11 Silica 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 That in any way in whole or in part arises out of relates to or results from a breach of contract That in any way in whole or in part arises out of relates to or results from the failure of goods products or services to conform with any statement of quality or performance made in your advertisement That in any way in whole or in part arises out of relates to or results from the wrong description of the price of goods products or services stated in your advertisement Committed in whole or in part by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c Anlnternet search access content or service provider. However this exclusion does not apply to Paragraphs 15. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS. 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. Arising out of an electronic chatroom or bulletin board online forum or community usenet or other similar type of venue the insured hosts owns or over which the insured exercises control 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. Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of or absorption of silica either directly or indirectly the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of silica dust either directly or indirectly the actual or alleged failure to warn advise or instruct related to silica in any manner or form whatsoever the actual or alleged failure to prevent exposure to silica. This exclusion includes but is not limited to compliance with any request demand order or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 13 of 28 with its permission. | 1 |
statutory or regulatory requirement or any other action authorized or required by law or any other claim suit demand loss cost or expense arising out of relating to or resulting from the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica as well as any costs fees expenses penalties judgments fines or sanctions arising or resulting therefrom or relating thereto. As used in this exclusion 1 Silica means any substance containing silicon dioxide SiO2 including but not limited to crystalline or non crystalline silica silica particles silica compounds silica dust or synthetic silica including but not limited to precipitated silica silica gel fumed silica or silica flour. 2 Silica dust means dust containing silica alone or mixed with any other dust or fibers. 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 the exclusion does not apply to liability for damages because of bodily injury. Violation of Communication or Information Laws Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the violation or alleged violation of 1 The Telephone Consumer Protection Act TCPA the Controlling the Assault of Non Solicited Pornography and Marketing Act CAN SPAM or the Drivers Privacy Protection Act including any amendments or additions to the foregoing 2 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 3 Any other federal state or local statute regulation or ordinance that addresses limits or prohibits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Access or Disclosure of Confidential Information and Data related Liability Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 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 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 14 of 28 with its permission. | 1 |
expenses forensic expenses public relations expenses or any other loss cost or expenses incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 applies this exclusion does not apply to damages because of bodily injury. Remedies Other Than Damages Further this insurance does not apply to fines penalties restitution or equitable relief. SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorney s fees or attorney s expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 15 of 28 with its permission. | 1 |
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 b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to 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 the 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 COVERAGES 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 the insured s indemnitee and to pay for attorney fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 16 of 28 with its permission. | 1 |
respect to their duties as your managers in the conduct of your business. 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 in the conduct of your business. 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 in the conduct of your business. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties directly 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 directly 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 co employee while in the course of his or her employment or performing duties directly related to the conduct of your business or to your other volunteer workers while performing duties directly related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property Owned occupied or used by or 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. 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 17 of 28 with its permission. | 1 |
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 policy. 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 insurance available to that organization. However coverage under this provision a. Is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. Further 1 Any newly acquired or formed organization that is not reported to us within the time period described in subparagraph 3. a. above is not an insured under this policy and 2 Following the end of the 90 day described in subparagraph 3. a. above with respect to such newly acquired or formed organization we reserve the right to exclude coverage or to charge additional premium or to amend the terms and conditions of coverage. 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 Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or 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. Damages for bodily injury or property damage except such damages included in the products completed operations hazard and b. Damages for personal and advertising injury. 3. The Products Completed Operations Aggregate Limit is the most we will pay 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 for 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 18 of 28 with its permission. | 1 |
the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraphs 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay 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. The Limits of Insurance apply to the policy period set forth in the Declarations or any endorsements thereto. 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 policy. 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. Notice of an occurrence or an offense is not notice of a claim. 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 19 of 28 with its permission. | 1 |
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 policy 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 policy 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 policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance is excess over any other valid and collectible insurance that applies to any claim or suit to which this insurance applies whether such other insurance is written on a primary excess contingent or on any other basis except if that other insurance is specifically written to apply excess of this insurance and this insurance will not contribute with any other such insurance. However this condition does not apply to Commercial General Liability insurance policies issued to you by us as described in subparagraph c. of the Insuring Agreement Part 1 of SECTION COVERAGES. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. The premium shown in this policy as the Deposit Premium is an advance 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 Deposit and any audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. However such return is subject to the Minimum Retained Audit Premium shown in Item 4. of the Declarations. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 20 of 28 with its permission. | 1 |
c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured this insurance applies a. b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair our rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata and any refund will be subject to the Minimum Retained Premium shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. If this policy is cancelled and the Policy Premium is adjustable the Minimum Retained Audit Premium shown in Item 4 of the Declarations will be pro rated commensurate with the resulting coverage period and that pro rated amount will be the new Minimum Retained Audit Premium. Notwithstanding the premium calculation determined by a premium audit or by premium additions or returns during the policy period the amount of the Deposit Premium that we retain shall be no less than the pro rated Minimum Retained Audit Premium. In the event that the first Named Insured cancels the policy the amount that we retain shall be no less than the pro rated Minimum Retained Audit Premium or the Minimum Retained Premium shown in Item 4 of the Declarations whichever is greater. If the policy is subject to audit a premium audit will be conducted to determine the amount of return premium due subject to the minimum premiums described above. If the policy is 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 21 of 28 with its permission. | 1 |
10. 11. 12. 13. cancelled by the first Named Insured and the insured does not allow us to conduct the premium audit or fails to cooperate with us in its completion then no premium will be returned. h. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Inspection We shall be permitted but not obligated to inspect sample and monitor on a continuing basis the insured s property or operations at any time. Neither our right to make inspections sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the insured or others to determine or warrant that property or operations are safe or healthful or conform to acceptable engineering practice or are in compliance with any law rule or regulation. Named Insureds a. The first Named Insured shown in the Declarations is authorized to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy 2 Al obligations that arise due to any deductibles applicable under this policy and 3 Any other financial obligations of the Named Insured to us arising out of any agreements contained in this policy. 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 to an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only 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. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast published or distributed to market segments or to the general public 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 22 of 28 with its permission. | 1 |
services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of 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. 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. 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 by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 23 of 28 with its permission. | 1 |
10. a. b. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. b. The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Insured contract means a. A written contract for a lease of premises. However that portion of the written 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 A written sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality A written elevator maintenance agreement That part of any other written contract or written 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 written contract or written agreement. Paragraph f. does not include that part of any written contract or written agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above or supervisory inspection architectural or engineering activities. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 24 of 28 with its permission. | 1 |
11. 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. 12. 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 While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 13. 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 Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 25 of 28 with its permission. | 1 |
14. 15. 16. 17. 18. 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 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 enumerated offenses referred to throughout this policy as offense 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 of material in any manner 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 or slogan in your advertisement. All personal and advertising injury arising out of the same or similar material regardless of the mode in which such material is communicated including but not limited to publication by means of Internet extra net email or website will be considered as arising solely out of one offense. Policy period means the period of time from the Effective Date shown in the Declarations to the earlier of the Expiration Date shown in the Declarations or if cancelled the effective date of cancellation. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes without limitation materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Means 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 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 26 of 28 with its permission. | 1 |
19. 20. 21. 22. 23. 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 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. 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 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 27 of 28 with its permission. | 1 |
a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 24. 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. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 28 of 28 with its permission. | 1 |
Arch Insurance Signature Page IN WITNESS WHEREOF Arch Specialty Insurance Company has caused this policy to be executed and attested. ettt Patrick K. Nails Secretary 2J Ny John Mentz President 06 ML0002 00 12 14 Page 1 of 1 | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 00 ML0065 00 06 07 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
Claims Handling Procedures An important value of your insurance coverage is the ability of the insurance company to respond when you have a claim. Arch Specialty Insurance Company is committed to providing its insureds with effective claim services. Notices of each incident claim or suit must be sent immediately to Arch Specialty Insurance Company E S Casualty Claims 1299 Farnam Street Suite 500 Omaha NE 68102 P.O. Box 542033 Omaha NE 68154 Phone 877 688 ARCH 2724 Fax 866 266 3630 E mail ClaimsArchinsurance.com You will be contacted by a representative of the company s Claim Department. This representative will confirm receipt of the loss notice directly to you provide a company claim number for all future correspondence refer to legal counsel if necessary and discuss further handling of the claim. 06 MLO0014 00 03 08 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000.00 Each Each Programs Employee Employee 1000000.00 Aggregate Retroactive Date 11082014 If no entry appears above with respect to the Aggregate then the Aggregate limit will be 1000000. If no entry appears above with respect to the Retroactive Date then the Retroactive Date will be the policy period inception date. 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 negligent act error or omission by the insured or of any person for whom the insured is legally liable in the administration of the insureds employee benefit program to which this insurance applies. But 1 The amount we will pay for damages is limited as described in Paragraph C. of this endorsement 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 settiements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to damages only if 1 The negligent 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 2 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 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 10f 9 with its permission. Employe | 2 |
endorsement. A claim seeking damages will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. A claim received and recorded by the insured within sixty 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. 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 Malicious Act 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. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. 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. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with any workers compensation unemployment compensation insurance social security or disability benefits laws or any similar laws. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 2 0f 9 with its permission. | 2 |
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. 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 employment related practices to 1 A person arising out of any a Refusal to employ b Termination of a persons employment or c Employment related practices policies acts or omissions including but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or d Action under Title VII of the 1964 Civil Rights Act andor any amendments thereto or 2 any other person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b c or d above is directed. This exclusion applies 1 Whether or not the insured may be held liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of any such injury. B. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of SECTION Il WHO IS AN INSURED are deleted in their entirety and 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. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 30of 9 with its permission. | 2 |
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. 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. 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 ninety 90 days after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. C. For the purposes of the coverage provided by this endorsement SECTION il LIMITS OF INSURANCE is deleted in its entirety and 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. The Aggregate Limit is the most we will pay for all damages to which this insurance applies. 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 A negligent 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 the coverage provided by this endorsement apply to the policy period set forth in the Declarations or any endorsements thereto. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 4 of 9 with its permission. | 2 |
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 settiement 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. D. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted in their entirety and 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 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 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 50f 9 with its permission. | 2 |
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 b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. 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 and that applies to an act error or omission on other than a claims made basis if 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. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 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 Schedule of this endorsement. c. Method Of Sharing Except with respect to the insurance described in item b.1 above 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 of all insurers. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 6 of 9 with its permission. | 2 |
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 Form replaces any similar Section in that Coverage Form 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. 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. An Extended Reporting Period of five 5 years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within sixty 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. 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. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 7 of 9 with its permission. | 2 |
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. F. For the purposes of the coverage provided by this endorsement only the following definitions are added to the SECTION V DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs Handling records in connection with the employee benefit program or 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. Claims 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 a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility 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. G. For the purposes of the coverage provided by this endorsement Definitions 6. and 20. in SECTION V DEFINITIONS are deleted in their entirety and replaced by the following 6. 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. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 8 of 9 with its permission. | 2 |
20. 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. All other terms and conditions of this Policy remain unchanged. Endorsement Number 1 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 9 of 9 with its permission. | 2 |
IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE To obtain information or make a complaint You may call Arch Insurance Group s toll free telephone number for information or to make a complaint at 1 866 413 5550 You may also write to Arch Insurance Group at Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar al numero de telefono gratis de Arch Insurance Group para informacion o para someter una queja al 1 866 413 5550 Usted tambin puede escribir a Arch Insurance Group Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al You may call Arch Insurance Group s toll free telephone number for information or to make a complaint at 1 866 413 5550 You may also write to Arch Insurance Group at Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el Arch Insurance Group primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 ML0042 44 07 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT It is agreed that 1. In the event of the failure of the Insurer to pay any amount claimed to be due hereunder the Insurer at the request of the Insured will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction. All matters arising under this Policy shall be determined in accordance with the law and practice of such Court provided that nothing shall prohibit the Insurer from removing any action suit or proceeding to a United States District Court. The Insurer shall abide by the final decision of such court or any appellate court in the event of an appeal. 2. Service of process in the above described action suit or proceeding may be made upon General Counsel Arch Specialty Insurance Company Harborside 3 210 Hudson Street Suite 300 Jersey City NJ 07311 1107. Upon the request of the Insured such General Counsel shall give a written undertaking to enter an appearance on behalf of the Insurer in the event that such an action suit or proceeding shall be instituted. 3. 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 in such statute as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted against the Insurer upon this Policy. The Superintendent Commissioner or Director of Insurance or other officer is hereby authorized and directed to accept service of process on behalf of the Insurer in any such action suit or proceeding and to mail a copy of such process to the above mentioned General Counsel. All other terms and conditions of this Policy remain unchanged. Endorsement Number 2 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 ML0003 00 04 12 Page 1 of 1 | 2 |
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