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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT COMMERCIAL GENERAL LIABILITY POLICY VERSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. The Deposit Premium set forth in Item 4. of the Declarations is adjustable and is only an estimated premium for the Audit Period shown below. The final earned premium for the Audit Period shall be determined as specified in Condition 5 Premium Audit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. The Audit Premium shall be computed by applying the Rate of 1.8180 per each 1000 of the Premium Base identified in 2. below. Such Rate is net of any taxes licenses or fees. However the final premium calculation for the policy period shall be no less than the Minimum Retained Audit Premium as stated in Item 4. of the Declarations. Unless otherwise specified in this Policy the Audit Period will be the same as the policy period or if this policy is cancelled the Audit Period will be from the Effective Date of the policy to the effective date of cancellation. 2. The Premium Base shall be identified in A and B below A Premium Base Gross sales excluding aircraft products intracompany sales e.g. subsidiary to subsidiary partner to partner etc. and foreign sales. Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos X Other Describe Gross Sales Estimated Exposures 55000000 00 CGL0107 00 05 12 Page 1 of 2 | 2 |
B Specific Deletions From Premium Base If Any Designated Products Designated Operations Other All other terms and conditions of this Policy remain unchanged. Endorsement Number 3 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 CGL0107 00 05 12 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule 1. Specific coverages to which a deductibles applies and amount of deductibles Coverage Amount of Deductible X All coverages 5000 Products Completed Operations All coverages other than Products Completed Operations 2. The deductible applies to X Damages and Supplementary Payments Damages Only 3. A Deductible Aggregate applies as follows The deductibles shown in item 1 of this Schedule is subject to a Deductible Aggregate amount of. Once the loss payments actually paid by us and reimbursed by you to us equals or exceeds the Deductible Aggregate amount your deductibles shown in item 1. above will be reduced to. However in the event that this policy is subject to audit and if the final total audited Premium Bases is greater than the total Estimated Exposures both of which are shown in the Premium Computation endorsement of this policy then the Deductible Aggregate will increase in the same proportion that the final total audited Premium Bases bears to the total Estimated Exposures. If no Deductible Aggregate is shown then there is no aggregate on the cumulative amount of deductible payments for which the insured is responsible. Application of the Deductible Liability Endorsement The deductibles set forth in the Schedule apply to damages and Supplementary Payments or damages only if the appropriate box is checked in the Schedule on a peroccurrence or per offense basis. The insured is responsible for payment of the deductibles. The insured is responsible for all payments within the deductible amount. Subject to the Limits of Insurance and all other terms and conditions for this policy our obligation to pay damages and expenses on your behalf applies only to the amount of damages and expenses in excess of the deductible amounts set forth in the Schedule. We may pay part or the entire deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount that has been paid by us. The Limits of Insurance are not increased by the presence of a deductible. Further our obligation under SECTION COVERAGES to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts shown in the Schedule that are applicable to such coverages and the applicable Limits of Insurance shall be reduced by the amount of such deductibles. The Limits of Insurance set forth in this policy as aggregate for such coverages shall not d amount of deductibles BT Coverage ted Operations er than Products Completed Operations pplies to pplementary Payments gregate applies as follows Amount of Deductible 5000 00 CGL0099 00 06 14 Page 1 of 2 | 2 |
be reduced by the application of such deductible amounts. All other terms and conditions of this Policy remain unchanged. Endorsement Number 4 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 CGL0099 00 06 14 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT Item 1. of the Declarations is amended to include the following entities as Named Insureds Craneworks Inc. Craneworks Rentals LLC Collis Craneworks Inc. ACDC Investments LLC Property Ownership Entity KADC Investments LLC Property Ownership Entity Collis Leasing LLC Property Ownership Entity Craneworks Southwest LLC Collis Craneworks Northeast LLC All other terms and conditions of this policy remain unchanged. Endorsement Number 5 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 CGL0072 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM PRODUCTS COMPLETED OPERATIONS COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to included the following additional exclusion This insurance does not apply to any claim suit or demand made or asserted by or on behalf of one Named Insured against another Named Insured. All other terms and conditions of this Policy remain unchanged. Endorsement Number 6 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 CGL0007 00 10 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization Where required by written contract. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following provision We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your operations or your work done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number 7 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 CGLO121 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WRAP UP EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges 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 any entity project or location that is or was insured designated scheduled or covered under a wrap up or any consolidated insurance program. This exclusion applies regardless of whether a. Such wrap up or any consolidated insurance program is expired cancelled terminated or nullified b. The limits of liability of such wrap up or any consolidated insurance program are inadequate impaired reduced or exhausted or c. Insurance coverage under such wrap up or any consolidated insurance program is excluded or otherwise not provided. As used in this endorsement wrap up or any consolidated insurance program includes an owner controlled insurance program OCIP contractor controlled insurance program CCIP or any other project specific insurance program covering any insured entity project or location. All other terms and conditions of this Policy remain unchanged. Endorsement Number 8 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 CGL0041 00 07 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges 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 rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. All other terms and conditions of this Policy remain unchanged. Endorsement Number 9 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 CGL0039 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL AND RESIDENTIAL CONVERSION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges A. Bodily injury property damage or personal and advertising injury that in any way arises out of relates to or results from the development or construction in whole or in part of any 1 Non commercial dwelling or residence or 2 Building converted at any time in whole or in part to a non commercial dwelling or residence. B. Property damage included within the products completed operations hazard to any 1 Non commercial dwelling or residence or 2 Building which is converted in whole or in part to a non commercial dwelling or residence at any time. For purposes of this endorsement non commercial dwellings or residences include but are not limited to homes condominiums cooperatives town homes lofts and time share properties. However non commercial dwellings or residences do not include 1 Apartment buildings wherein all of the residential units are held for rental or lease to the general public 2 Hotels or motels except any units within or otherwise part of such hotels or motels that are condominiums time share properties or similar types of property sold to others. All other terms and conditions of this Policy remain unchanged. Endorsement Number 10 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 CGL0080 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISH SYSTEM EXCLUSION ENDORSEMENT WITH LIMITED EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges 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 design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Any moisture related or dry rot related decay infection or infestation of a house or other building caused in whole or in part by the exterior insulation and finish system. For the purposes of this endorsement an exterior insulation and finish system means an exterior cladding or finish system applied to a house or other building and consisting of a A rigid or semi rigid sheathing or insulation board including gypsum based wood based or insulation based materials and b The adhesive or mechanical fasteners used to attach the insulation board to the substrate and c A reinforcing mesh that is embedded in a coating applied to the sheathing or insulation board and d A finish coat. However an exterior insulation and finish system does not include a cement based polymer enhanced stucco cladding system which a Incorporates a weather resistive barrier pursuant to applicable building codes and b Incorporates ribbed insulation sheathing with ribs aligned vertically to provide drainage and c The manufacturer of the stucco components has a valid ICBO Evaluation Services Listing in good standing and d There is no mixing of different manufacturer s products for the stucco system so long as that cement based enhanced stucco cladding system satisfies all requirements of the 00 CGL0016 00 09 06 Page 1 of 2 | 2 |
applicable model building code and the applicable local building code. All other terms and conditions of this Policy remain unchanged. Endorsement Number 11 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 CGL0016 00 09 06 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION I COVERAGES 2. Exclusions Exclusion f. Pollution is deleted in its entirety and replaced with the following exclusion. 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 at any time from any site premises or location. 2 Any loss cost or expense that in any way in whole or in part arises out of relates to or results from any a 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 b Claim or suit by or on behalf on a governmental authority for damages because of investigating testing for monitoring cleaning up removing containing treating abating remediating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms and conditions of this Policy remain unchanged. Endorsement Number 12 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 CGL0023 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED ENTITY ENDORSEMENT PRIMARY AND NON CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM SECTION Il WHO IS AN INSURED is amended to include as an additional insured the persons or organizations designated in the Schedule below but only with respect to bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of your subcontractors A. in the performance of your ongoing operations or your work including your work that has been completed or B. in connection with your premises owned by or rented to you. When you are required by a written contract with persons or organizations shown in the Schedule to provide insurance that is primary and non contributory the insurance provided by this endorsement will be primary but only A. to the extent required by such written contract and B. if such contract is executed prior to the occurrence or offense for which insurance is sought under this endorsement. As used in this endorsement the words you and your refer to the Named Insured. Schedule Any person or organization that is required under a written contract with you to be named as an additional insured. All other terms and conditions of this Policy remain unchanged. 00 CGL0366 00 01 10 Page 1 of 2 | 2 |
Endorsement Number 13 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 CGL0366 00 01 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION OR PROJECT GENERAL AGGREGATE LIMIT AND POLICY AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Schedule Designated Locations All of your locations. Designated Projects Any construction project at which you perform opeartions. A. Subject to paragraph F. below for all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies and which can be attributed only to ongoing operations at a single designated location or project shown in the Schedule above 1. A separate Designated Location Or Project General Aggregate Limit applies to each designated location or project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location Or Project General Aggregate Limit is the most we will pay for the sum of all such damages except damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made for such damages shall reduce the Designated Location Or Project General Aggregate Limit for that designated location or project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location Or Project General Aggregate Limit for any other designated location or project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence and for Damage To Premises Rented To You continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location Or Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies and which can not be attributed only to ongoing operations at a single designated location or project shown in the Schedule above 1. Any payments made for such damages shall reduce the amount available under the General 00 CGL0243 00 05 08 Page 1 of 2 | 2 |
Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location Or Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit or the Designated Location Or Project General Aggregate Limit. D. For the purposes of this endorsement SECTION V DEFINITIONS is amended to include the following additional definitions Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Project means construction project. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. F. Regardless of the number of locations or projects and any other circumstance the amount we will pay under this insurance policy shall be no more than the Policy Aggregate Limit shown below Policy Aggregate Limit In the event that no dollar amount is shown next to the Policy Aggregate Limit above the Policy Aggregate Limit is 5000000. All other terms and conditions of this Policy remain unchanged. Endorsement Number 14 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 CGL0243 00 05 08 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL TERRORISM EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under this policy. A. The following definitions are added and apply under this endorsement whenever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 use or threat of force or violence or 2 commission or threat of a dangerous act or 3 commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When 1 the effect is to intimidate or coerce a government or a civilian population or any segment thereof or to disrupt any segment of the economy andor 2 it appears that the intent is to intimidate or coerce a government or a civilian population or to further a philosophical political ideological religious social or economic objective or to express or express opposition to a philosophical political ideological religious social or economic objective. Any injury or damage means any injury or damage covered under this policy to which this endorsement is applicable and includes but is not limited to pbodily injury property damage personal and advertising injury injury or environmental damage as may be defined in this policy. B. The following exclusion is added EXCLUSION OF TERRORISM This insurance does not apply to any claim suit demand or loss that alleges any injury or damage that in any way in whole or in part arises out of relates to or results from terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. This exclusion also applies when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism involves the use release or escape of nuclear materials or that directly or 00 CGL0220 00 09 06 Page 1 of 2 | 2 |
indirectly results in nuclear reaction nuclear radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. All other terms and conditions of this Policy remain unchanged. Endorsement Number 15 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 CGL0220 00 09 06 Page 2 of 2 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 4839922 05 Named Insured and Mailing Address AG PLAZA AT ENCLAVE LLC. SEE NAMED INSURED ENDT 1254 ENCLAVE PARKWAY HOUSTON TX 77077 2564 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 4839922 04 Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 07 01 2017 at1201 AM. Coverageends 07 01 2018 at 1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 12020.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 12020.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 GENERAL LIABILITY COVERAGE N PREMIUM 12020.00 issued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. P Janey DV lles D Sk President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 1056 1 4pm CT U GU319 F 0109 Pagel of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4839922 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured AG PLAZA AT ENCLAVE LLC. Policy Period Coverage begins 07 01 2017 at1201 AM. Coverage ends 07 01 2018 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description BUILDINGS OR PREMISES OFFICE Item 2. Limits of Insurance The Limits of Insurance stated below are the most available to pay damages medical expenses and allocated loss adjustment expenses covered by this policy. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. umITs GENERAL AGGREGATE LIMIT 1500000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT S 1500000 EACH OCCURRENCE LIMIT 1500000 DAMAGE TO PREMISES RENTED TO YOU LIMIT S 1500000 Any one premises MEDICAL EXPENSE LIMIT S 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1500000 Any one person or organization Item 3. Form of Business and Location Premises CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 4. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 5. Premiums Coverage Part Premium 11020 Other Premium 1000 Total Premium 12020 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4839922 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured AG PLAZA AT ENCLAVE LLC. Policy Period Coverage begins 07 01 2017 at1201 AM. Coverage ends 07 01 2018 at 1201 AM. MITS GENERAL AGGREGATE LIMIT 1500000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1500000 EACH OCCURRENCE LIMIT S 1500000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1500000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1500000 Any one person or organization U GLD1286 A CW 0906 Page 10f 1 | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 4839922 05 Named Insured AG PLAZA AT ENCLAVE LLC. Policy Period Coverage begins 07 01 201 Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 07 01 2017 at1201 AM Coverageends 07 01 2018 at1201 AM Item 1. Limits of Insurance 1500000 Aggregate Limit 1500000 Each Act Error or Omission Limit Item 2. Form of Business Individual Partnership Joint Venture X Corporation other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 IF ANY INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Advance Premium U GL D851 B CW 904 Pagel of 1 | 2 |
Policy Number GLO 4839922 05 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured AG PLAZA AT ENCLAVE LLC. Effective Date 07 01 17 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1286 A CW 09 06 COMMERCIAL GEN LIAB COVERAGE PART DEC U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GU621 A CW 10 02 SCHEDULE OF NAMED INSURED S U GL1114 A CW 10 02 DESIGNATED ENTITIES EXCLUSION U GL1287 B CW 04 13 COMMERCIAL GEN LIAB COVERAGE FORM U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1177 F CW 04 13 ADL INSD OWNER LESSE CONT SCHEDULED U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B CW 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1449 A CW 04 10 SELF INSURED RETENTION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL1521 A CW 10 12 BLANKET NOTIFICATION TO OTH CANC NONREN U GL441 B 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL U GL908 B 08 04 AIDS EXCLUSION U GL911 B 09 05 CLAIM SERIES ENDORSEMENT U GL914 B 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT U GL923 B 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GL925 B 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GU739 A 09 06 DEFENSE WITHIN LIMITS NOTICE 06 06 TX CHANGES CONDITIONS REQUIRING NOTICE 03 97 INDIANA CHANGES POLLUTION EXCLUSION 08 03 MISSOURI CHANGES POLLUTION EXCLUSION 04 13 VERMONT CHANGES POLLUTION 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 04 13 EXCL DESIGNATED PROFESSIONAL SERVICES 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 09 99 TOTAL POLLUTION EXCL ENDT 09 99 TOTAL POLLUTION EXCL. WITH HOSTILE FIRE 12 07 TX CHANGES EMPLOY RELATED PRACTICES EXCL 09 08 CALCULATION OF PREMIUM 11 98 COMMON POLICY CONDITIONS 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT 03 12 TEXAS CHANGES DUTIES 11 13 TEXAS CHANGES CANC NONRENL U GU298 B CW 04 94 CANCELLATION BY US U GU767 B CW 01 15 CAP ON LOSS FROM CERTIFIED ACTS OF TERR U GU1191 A CW 03 15 SANCTIONS EXCLUSION ENDORSEMENT U GU630 D CW 01 15 DISCLOSURE OF INFO RELATING TO TRIA JoNFOoWO U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 4839922 05 F FORMS AND ENDORSEMENTS ican Insurance Company C. Effective Date 07 01 1 1201 A.M. Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D310 A GU319 F GL D1286 A CW GL D851 B CW GU619 A CW GU621 A CW GL1114 A CW GL1287 B CW GL851 B CW GL1063 A CW GL1171ACW GL1175 F CW GL1177 F CW GL1178ACW GL1205 B CW GL1342 A CW GL1449 A CW GL1521 A CW GL441 B CW GL908 B CW GL911 B CW GL914 B CW GL923 B CW GL925 B CW GU739 A CW G 01 03 G 01 23 G 01 34 G 01 54 G 21 06 G 21 16 G 21 47 G 21 49 G 21 55 G 26 39 L 00 03 L 00 17 L 00 21 L 01 68 L 02 75 GU298 B CW GU767 B CW GU1191 A CW GU630 D CW COMMON POLICY DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GEN LIAB COVERAGE PART DEC EMPLOYEE BENEFITS LIAB OCCURRENCE COV SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF NAMED INSURED S DESIGNATED ENTITIES EXCLUSION COMMERCIAL GEN LIAB COVERAGE FORM EMPLOYEE BENEFITS LIAB OCCURRENCE COV FUNGUS EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ADL INSD OWNER LESSE CONT SCHEDULED ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION LEAD LIABILITY EXCLUSION SELF INSURED RETENTION RECORD OR DISTRB OF MATRL OR INFO EXCL BLANKET NOTIFICATION TO OTH CANC NONREN ATRCRAFT PROD. GROUNDING TESTING EXCL AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. DEFENSE WITHIN LIMITS NOTICE TX CHANGESCONDITIONS REQUIRING NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE TX CHANGES EMPLOY RELATED PRACTICES EXCL CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT TEXAS CHANGES DUTIES TEXAS CHANGES CANC NONRENL CANCELLATION BY US CAP ON LOSS FROM CERTIFIED ACTS OF TERR SANCTIONS EXCLUSION ENDORSEMENT DISCLOSURE OF INFO RELATING TO TRIA | 2 |
Policy Number GLO 4839922 05 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured AG PLAZA AT ENCLAVE LLC. Effective Date 07 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 NAMED INSURED AG PLAZA AT ENCLAVE LLC. FORETHOUGHT FINANCIAL GROUP AG 8 WEST CENTRE LLC AG TWO ASPEN LLC U GU621 A CW 1002 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL 3LO 4839922 05 CHantive Nata A7 A1 1 AG PLAZA AT ENCLAVE LLC. G PLAZA AT ENCLAVE LLC. ORETHOUGHT FINANCIAL GROUP G 8 WEST CENTRE LLC G TWO ASPEN LLC | 2 |
Z ZURICH Designated Entities Exclusion Policy number GLO04839922 05 Named Insured Effective date AG Plaza At Enclave LLC. July 1 2017 Agent name Agent number Lockton Companies LLC 37 385 000 DESIGNATED ENTITIES EXCLUSION This policy excludes all exposures currently covered under CANPRO INVESTMENTS LTD GLO3792632 11 UMB4839923 05 Countersigned Authorized Representative U GL1114 A CW 1002 Page 1 of 3 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations is the most available to pay any combination of damages medical expenses and allocated loss adjustment expenses covered by this policy. Various other provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages and allocated loss adjustment expenses is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of a Judgments or settlements under Coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 17 | 0 |
e. 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to 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. Employer s Liability Bodily injury to 1 Anemployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. Page 2 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
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 At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 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 Anyinsured 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 17 | 1 |
However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to 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 f.2 or f.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Page 4 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 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 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. 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 Adefect 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. g. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 50f 17 Page 5 of 17 | 1 |
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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement b. 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 and allocated loss adjustment expenses is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of a Judgments or settiements under coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Page 6 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. 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. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 17 | 1 |
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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement 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 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. 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. Page 8.of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys 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. 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 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 b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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 that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage but will reduce the limits of insurance as allocated loss adjustment expenses. 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 settlements or allocated loss adjustment expenses or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 17 Page 9 of 17 | 1 |
b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above 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. 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. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Page 10 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
SECTION Il LIMITS OF INSURANCE 1. 7. 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 c. Damages under Coverage B and d. Allocated loss adjustment expenses arising from a. b. or c. above. 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 and allocated loss adjustment expenses arising from claims or suits for damages under coverage A because of bodily injury or property damage included in the products completed operations hazard. Subject to Paragaph 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 and allocated loss adjustment expenses arising from claims or suits for damages under Coverage B. 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 b. Allocated loss adjustment expenses arising from damages under Coverage A and c. Medical expenses under Coverage C 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 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 and related allocated loss adjustment expenses. 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. 2. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If aclaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 17 | 1 |
c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii 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 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. Page 12 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
10. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 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. 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. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Duties Claim Settlement and Allocated Loss Adjustment Expenses As soon as our right and duty to defend the insured against any suit seeking damages end you will promptly assume control of the settlement of claims and defense of suits. A list of outstanding claims and suits will be made available to the First Named Insured upon request. 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. Allocated loss adjustment expense is an expense directly allocable to a specific claim and includes but is not limited to all Supplementary Payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation and any other fees costs or expenses U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 17 | 1 |
10. reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 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. It incorporates 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 f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of Page 14 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
11. 12. 13. 14. 15. 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. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 17 Page 15 of 17 | 1 |
16. 17. 18. 19. 20. 21. b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 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. 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. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Page 16 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
22. Your product 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. 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. Does not include vending machines or other property rented to or located for the use of others but not sold. 23. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 17 | 1 |
Employee Benefits Liability Occurrence Coverage Form Z ZURICH This Coverage Form provides occurrence coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. 2. Insuring Agreement A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any act error ssion of the insured in the ad ministration of the insured s employee benefit programs. We will have the right and duty to de fend 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 act error or omission for which this insurance does not apply. We may at our discretion investi gate any claim and settle any suit that may result but 1. The amount we pay for damages is limited as described in Section II. Limits of Insurance of this Coverage Part 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 un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. This only if surance applies to an act error or omission 1. The act error or omission takes place in the coverage territory 2. The insured had no knowledge of and could not have reasonably foreseen any circum stances which might result in a claim or suit and 3. The act error or omission occurs during the policy period. Exclusions This insurance does not apply to any G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation. Any claim or suit arising out of an insurer s or other provider s tract ailure to perform its con Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant c. Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured.. Any claim or suit arising out of an Insured s liability as a fiduciary under G. Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insure or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant e Any investment activity including the man agement administration or disposition of ssets of your employee benefit pro d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f4 | 2 |
a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to st us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. Prejudgment interest awarded against the in sured 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 in terest based on that period of time after the of fer. II. Limits of Insurance A. C. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. ML Conditions A. Bankruptcy Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap as practicable of any act error or omi n which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employec and witnes 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information e Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. No insureds will except at their own cost. vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f 4 | 2 |
No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance 1 This Coverage Part is primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an excess or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. 2 When both thi surance and other insurance apply to the loss on the same basis whether primary excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution by equal shares we will follow this method als Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or remains whichever comes b. Contribution by Limits If any of the other insurance does not per mit 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 insur ers. E. 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 in surance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to cach insured against whom claim is made or suit is brought. F. 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 in sured 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. IV. Definitions A. B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporte considered an advertisement. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with employee benefit programs or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs Bodily injury means bodily injury sickness or di ease sustained by a person including death result ing from any of these at any time. Coverage territory mean 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed. disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion unemployment insurance salary continuation U GL851 B CW 604 Page 3of 4 | 2 |
G. plans social security disability benefits insurance savings plans vacation plans or any other similar plans or programs. Insured means You and any of your partners executive officers di rectors members stockholders or employees pro vided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury mean Injury including consequential bodily injury aris ing out of one or more of the following offens 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s zation s goods products or services or or organi 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of thi not tangible property. surance electronic data is As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includ 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL851 B CW 604 Page dof 4 | 2 |
Fungus Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or in directly in whole or in part by 1. Anyfungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Page 1of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs or expenses arising out of the 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 by any insured or by any other person or entity. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good o edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. GLO483992205 07012017 07012018 07012017 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured AG Plaza at Enclave LLC. Address including ZIP Code 1254 Enclave Parkway Houston TX 77077 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section II Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1 ons or ions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applie 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 architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offens General Liability Conditions Claim Or Suit of Section IV Commercial The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section III Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization Policy No. Ef. Date of Pol. Exp. Date of Pol. EF. Date of End. Producer No. AddL Prem Return Prem. GLO 4839922 05 07012017 07012018 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured AG PLAZA AT ENCLAVE LLC. Address including ZIP Code 1254 ENCLAVE PARKWAY HOUSTON TX 77077 2564 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Name Of Additional Insured Persons Or Organizations Location And Description Of Covered Operations FORETHOUGHT FINANCIAL GROUP ADDITIONAL NAMED INSURED ONLY WITH 3200 SOUTHWEST FWY HOUSTON TX RESPECT TO LIABILITY ARISING OUT 77027 OF THE NAMED INSURED. A. Section Il Who Is An Insured is amended to include as an additional insured the person or organization shown in the Schedule above whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement at the Location designated and described in the Schedule above. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to U GL1177 F CW 0413 Page 10f2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purpose of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This Insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Ill Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1177 F CW 0413 Page 2 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 4839922 05 07012017 07012018 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action re garding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regula tory requirement direction or determination that any insured or others test for investigate monitor clean up re move study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Welding Health Hazard Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 4839922 05 07012017 07012018 37385000 S INCL S THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage FormCoverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Includes copyrighted material of Insurance Services Office Inc. withiits permission. U GL1205 B CW 108 Page I of 1 | 2 |
Z ZURICH Lead Liability Exclusion Eff. Date of Pol. Exp. Date of Pol. Eff. Dateof End. AddL Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 1 Bodily injury property damage or personal and adver to the actual alleged or threatened sing injury arising out of resulting from caused by or related a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replace ment or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any se quence to the injury or damage. 2 Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other mate rial product or substance containing lead or in any way respond to or s the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or sub stance containing lead or in any way responding to or assessing the effects of lead in any form. 3 Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page Lof | 2 |
Z ZURICH Self Insured Retention Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. GLO4839922 05 07012017 07012018 07012017 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Return Premium This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part Stop Gap Employers Liability Coverage Part Under the provisions of this endorsement you are responsible for payment of all or part of defense costs in addition to Self Insured Retention SIR Amounts. SCHEDULE SELF INSURED RETENTION AMOUNTS You may select only one choice of Option 1 2 3 or 4 below. In addition Option 5 may or may not be selected. Option 1 7492 Per Incident You Pay Defense Costs Within SIR Option 2 3746 Per Incident EBL Damage to rented building Ontion 3 s Per Incident All Incidents Other Than Products Completed Operations You 0 Option Pay Defense Costs Within SIR Per Incident Products Completed Operations Incidents Only You Pay Defense Costs Within SIR If only one amount is shown that same amount also applies as respects the Option 3 Self Insured Retention Amount not shown. Optiond s Per Incident All Incidents Other Than Products Completed Operations You 0 Option Pay All Defense Costs Per Incident Products Completed Operations Incidents Only You Pay All Defense Costs If only one amount is shown that same amount also applies as respects the Option 4 Self Insured Retention Amount not shown. If no Self Insured Retention Amounts is shown above for Option 1 2 3 or 4 Option 1 Per Incident You Pay Defense Costs Within SIR for an amount of 1000000 is deemed to be selected. U GL1449 A CW 0410 Page 108 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Option 5 Option 5 Aggregate Adjustable Based on arate of per units of exposure Example based on a rate of 3.00 per 100 of WC Payroll Minimum Aggregate OR Aggregate Flat Periodic Reporting Requirement If no information is provided at left the reporting requirement is quarterly. Level of Notification of Potential Penetration as a of the Self Insured Retention If no percentage information is provided at left 25 applies. Authorized Claim Service Provider The insurance provided by this policy is subject to the following additional provisions which in the event of conflict with any other provisions elsewhere in the policy shall control the application of the insurance to which this endorsement applies L. Your Obligations Self Insured Retention A. The Self Insured Retention SIR Amounts shown above in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement apply as follows 1. Option 1 Per Incident You Pay Defense Costs Within SIR If Option 1 is selected it is a condition precedent to our liability that you make actual payment of self insured retention and defense costs for each incident until you have paid self insured retention and defense costs equal to the Per Incident You Pay Defense Costs Within SIR amount subject to the provisions of Paragraph A.5. below. The Per Incident You Pay Defense Costs Within SIR amount is the most you will pay for self insured retention and defense costs arising out of cach incident regardless of a. The number of persons or organizations making claims or bringing suits because of the incident or b. The number of coverages applicable to the incident under this policy except for any defense costs we may elect to pay. If any final judgment or settlement and defense costs are less than such Self Insured Retention Amounts we shall have no obligation to pay self insured retention or defense costs under this policy. Option 2 Per Incident You Pay All Defense Costs If Option 2 is selected it is a condition precedent to our liability that you make actual payment of self insured retention for each incident until you have paid self insured retention equal to the Per Incident You Pay All Defense Costs amount subject to the provisions of Paragraph A.5. below. The Per Incident You Pay All Defense Costs amount is the most you will pay for self insured retention arising out of each incident regardless of. The number of persons or organizations making claims or bringing suits because of the incident or b. The number of coverages applicable to the incident. Under this Option 2 you are also obligated to pay all defense costs both within and excess of the Self Insured Retention Amount except for any defense costs we may elect to pay. e per units of exposure a rate of 3.00 per 100 of WC Payroll te U GL1449 A CW 0410 Page 2 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Option 3 Per Incident You Pay Defense Costs Within SIR If Option 3 is selected it is a condition precedent to our liability that you make actual payment of self insured retention and defense costs for each incident until you have paid self insured retention and defense co to the 6 equal a. Per Incident All Incidents Other Than Products Completed Operations You Pay Defense Costs Within SIR amount or b. Per Incident Products Completed Operations Incidents Only You Pay Defense Costs Within SIR amount subject to the provisions of Paragraph A.5. below. The Per Incident All Incidents Other Than Products Completed Operations You Pay Defense Costs Within SIR amount is the most you will pay for self insured retention and defense costs arising out of each incident regardless of the number of persons or organizations making claims or bringing suits because of the incident or the number of coverages other than products completed operations hazard coverage applicable to the incident except for any defense c we may elect to pay. The Per Incident Products Completed Operations Incidents Only You Pay Defense Costs Within SIR amount is the most you will pay for self insured retention and defense costs arising out of each products completed operations hazard incident regardless of the number of persons or organizations making claims or bringing suits because of the incident except for any defense costs we may elect to pay. If any final judgment or settlement and defense costs are less than such Self Insured Retention Amounts we shall have no obligation to pay self insured retention or defense costs under this policy. Option 4 Per Incident You Pay All Defense Costs If Option 4 is selected it is a condition precedent to our liability that you make actual payment of self insured retention for each incident until you have paid self insured retention equal to the a. Per Incident All Incidents Other Than Products Completed Operations You Pay All Defense Costs amount or b. Per Incident Products Completed Operations Incidents Only You Pay All Defense Costs amount subject to the provisions of Paragraph A.5. below. The Per Incident All Incidents Other Than Products Completed Operations You Pay All Defense Costs amount is the most you will pay for self insured retention arising out of each incident regardless of the number of persons or organizations making claims or bringing suits because of the incident or the number of coverages other than products completed operations hazard coverage applicable to the incident. The Per Incident Products Completed Operations Incidents Only You Pay All Defense Costs amount is the most you will pay for self insured retention arising out of each products completed operations hazard incident ss of the number of persons or organizations making claims or bringing suits because of the incident. Under this Option 4 you are also obligated to pay all defense costs both within and excess of the Self Insured Retention Amount except for any defense costs we may elect to pay. Aggregate Amount a. If Option 5 is selected as respects Paragraphs A.1. or A.3. above it is a condition precedent to our liability that you make actual payment of self insured retention and defense costs equal to the aggregate amount. When you have paid self insured retention and defense costs equal to the aggregate amount we will pay any further self insured retention and defense costs incurred during the remainder of the policy period. Such aggregate amount is the most you will pay for all self insured retention and defense costs incurred under this policy subject to Paragraphs c.1 or 2 below whichever is applicable. U GL1449 A CW 0410 Page 30 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. If Option 5 is selected as respects Paragraphs A.2. or A.4. above it is a condition precedent to our liability that you make actual payment of self insured retention equal to the aggregate amount. When you have paid self insured retention equal to the aggregate amount we will pay any further self insured retention incurred during the remainder of the policy period. This aggregate amount however applies only to your total incurred self insured retention during the policy period and does not apply to your continued obligation for payment of defense costs. Such aggregate amount is the most you will pay for all self insured retention incurred under this policy subject to Paragraphs c.1 or 2 below whichever is applicable.. 1 Ifan Aggregate Adjustable amount is shown the final aggregate amount will be determined at the end of the policy period by an audit of your records. Such audit will be based on the rate shown under the Aggregate Adjustable amount multiplied by the final audited exposure. The amount shown as the Aggregate Adjustable amount is an estimated amount that will be finalized based on what the audit of your records will develop. In no event will the final audited aggregate amount be less than the Aggregate Adjustable amount shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS unless a Minimum Aggregate amount is shown. If a Minimum Aggregate amount is shown the final audited Aggregate Adjustable amount will not be less than the Minimum Aggregate amount. 2 If an Aggregate Flat amount is shown such amount is the final applicable aggregate amount which will not be adjusted. If no entry appears in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement as an aggregate amount then your obligation for payment of self insured retention and defense costs applies only in accordance with the selected Paragraph A.L. A.2. A.3. or A.4. above. B. Payments By Others Payments by others including but not limited to additional insureds or insurers do not serve to satisfy your self insured retention obligations or your obligations for payment of defense costs. C. Deductible Provisions Deductible provisions apply in addition to but do not serve to satisfy the self insured retention requirements of this endorsement. You must satisfy the self insured retention requirements of this endorsement prior to the application of any separate deductible provisions provided under this policy. D. Other Self Insured Retention Provisions 1. The Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after ance 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 applicable Self Insured Retention Amounts. 2. Your obligation to pay the Self Insured Retention Amounts is not fulfilled by a. The payment of self insured retention under any other policy or b. Any payment made by us or another insurance company even if the payments described under Paragraph 2.a. or 2.b. apply to the same incident associated with the self insured retention amount due under this policy. 3. If more than one policy issued by us provides sums payable because of covered damages sustained from a single continuous covered incident it is a condition precedent to our liability for payment of these covered damages that you first shall pay all applicable self insured retention of each policy for which coverage applies to the continuous incident. E. Your Insolvency or Bankruptcy To the fullest extent allowable by law your satisfaction of the self insured retention and any applicable defense costs as a condition precedent to our liability applies regardless of your insolvency or bankruptcy. U GL1449 A CW 0410 Page 4 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G. H. Settlement of Claim You may not settle any claim or suit which exceeds the Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement without our written permi on to do so. If you fail to obtain such written permission we shall have no obligation to provide coverage for that claim or suit under this policy. Authorized Claim Service Provider 1. 3. You shall employ a claim service provider acceptable to us as shown in the Authorized Claim Service Provider of the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement for the purpose of providing claim services for settlement of losses. You shall pay all fees charges and costs of the claim service provider in addition to self insured retention and applicable defense costs without any reimbursement from us. In the event of cancellation expiration or revision of the claims service contract between you and the claim service provider you shall notify us within 10 days of such change and shall replace the claim service provider with another claim service provider that is acceptable to us. You shall allow us to audit the claim service provider and provide supervisory claim service at our expense. Notification of Potential Penetration 1. You shall see to it that we are notified promptly of an incident which may result in a claim under this policy. Notice must include a. How when and where the incident took place b. The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the incident. You shall notify us promptly per Paragraph H.1. above in the event of any incident without regard to liability which results in any of the following injuries or damages a. 1 Death 2 Brain damage 3 Paraplegic or quadriplegic impairment 4 Amputation or serious functional impairment of any major limb 5 Severe burns involving more than 25 of the body or causing serious disfigurement 6 Sensory impairment sight hearing taste or smell 7 Severe internal body organ damage or loss 8 Multiple fractures involving more than one body part 9 Permanent and total disability 10 Sexual abuse or molestation 11 Significant psychological neurological involvement 12 Occupational disease or b. Any construction defect damages arising from attached housing such as condominiums townhomes or from multiple structures. U GL1449 A CW 0410 Page 5 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. You must notify us promptly of any a. 1 Potential exposure 2 Loss reserve established or 3 Potential judgment without regard to liability which equals or exceeds the Level of Notification of Potential Penetration as a of the Self Insured Retention percentage amount shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement or b. Suit in the event a suit is filed even if the amount claimed in the suit is unspecified or less than the Self Insured Retention Amounts. L Reporting Self Insured Retention 1. You must report claims or suits per the following You must monitor the cumulative self insured retention and defense costs sustained and report those total amounts to us in accordance with the frequency of report indicated in the Periodic Reporting Requirement of the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement. However if the total of all self insured retention and defense costs under Options 1 or 3 or the total of all self insured retention under Options 2 or 4 should at any time during the policy period attain an amount equal to 75 of the Aggregate Adjustable amount or Aggregate Flat amount if applicable you are required in that event to make an immediate report to us as to total self insured retention and defense costs sustained at that time. The periodic report that you send to us must be in a format that is acceptable to us and include an accounting of all individual losses and defense costs incurred as of the date of the report. 2. Within forty five 45 days after the end of the policy term you must give us a listing of all existing claims or suits within the Self Insured Retention Amounts. At a minimum such listing will include the following for each claim or suit a. A description of each claim or suit b. The date of the incident. The amounts paid and reserved for future payments for loss and defense costs and d. The current status of the claim or suit. 3. Quarterly thereafter you are required to give us an updated listing of the status of all new and existing claims or suits both paid and reserved until all claims and suits for the policy period are closed or settled. 4. Compliance with the reporting requirements set forth in this endorsement is a condition precedent to coverage. J. Representations By acceptance of this policy you agree that you will not procure insurance for all or any part of the Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement. If such insurance is procured there will be no coverage under this policy as respects those Self Insured Retention Amounts. IL Our Rights and Obligations Excess of the Self Insured Retention A. Self Insured Retention Your Failure to Respond In the event of your refusal to respond to your obligations for the payment of self insured retention or defense costs for any reason we shall not make payments for you nor in any event shall we be required to substitute for you as respects your responsibility for payment of thes 1f insured retention or defense costs B. Damages Defense Costs Excess of the Self Insured Retention Per Incident We shall be liable only for the amount of covered damages and if applicable defense costs in excess of the Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement subject to the Limits of Insurance and other applicable provisions of our policy. We shall have no obligations under this policy unless you have satisfied your self insured retention obligations. U GL1449 A CW 0410 Page 6 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. Damages Defense Costs Excess of the Self Insured Retention Aggregate If an Aggregate Adjustable amount or Aggregate Flat amount is shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement we shall be liable for the amount of covered damages and if applicable defense costs excess of such aggregate amount subject to the Limits of Insurance and other applicable provisions of our policy. We shall have no obligations under this policy unless you have satisfied your self insured retention obligations. Settlement of Claims 1. When your liability is reasonably anticipated to exceed the remaining Self Insured Retention Amounts we shall have at our option the right to ask you to tender the remaining Self Insured Retention Amounts and have the right to negotiate the settlement of any claim. We shall obtain your consent prior to entering into any settlement of any claim which is equal to or less than the Self Insured Retention Amounts. If however you refuse to consent to any settlement recommended by us within the self insured retention and elect to contest the claim or continue with any legal proceedings in connection with such claim our liability for that claim shall not exceed the amount determined by subtracting the self insured retention from the amount for which the claim could have been settled on the date you refused to consent. We shall have no liability with respect to such claim if this difference is zero or a negative number. For Paragraphs A.1. and A.3. under L. Your Obligations Self Insured Retention we shall have no responsibility for defense costs incurred after the date you refused to consent. 2. With respect to any claim under this insurance which has been tendered to us and which may exceed the Self Insured Retention Amounts we may pay any or all of the Self Insured Retention Amounts on your behalf to defend or to effect settlement of such claim. Such amount paid by us shall be reimbursed promptly by you. 3. Atourexpense we shall have the right but not the duty to associate counsel and you have the duty to cooperate with any counsel we associate on a case regardless of whether the covered damages or defense costs for which coverage is provided under this policy appear likely to exceed the Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement. Application of Recovered Amounts We have your rights and the rights of persons entitled to the benefits of this insurance to recover sums that are reimbursable under this endorsement and any self insured retention and defense costs from anyone liable for the injury or covered damages. You will do everything necessary to protect those rights for us and to help us enforce them. If we recover any payment made under this policy from anyone liable for injury or covered damages the recovered amount will first be applied to any payments made by us in excess of the Self Insured Retention Amounts shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement. The remainder of the recovery if any will then be applied to reduce the self insured retention and defense costs reimbursed or reimbursable by you as respects that injury or covered damages. III. Midterm Cancellation In the event of a midterm cancellation of this policy Option 5 Aggregate Adjustable amount or Aggregate Flat amount shown in the SCHEDULE SELF INSURED RETENTION AMOUNTS of this endorsement is not subject to any pro rata reduction. Such aggregate amount will apply as if the policy term had not been shortened. IV. Definitions A. Defense Costs means Expenses directly allocable to specific claims and shall include but not be limited to all Supplementary Payments as defined under the policy all court costs fees and expenses costs for all attorneys witnesses experts depositions reported or recorded statements summons rvice of process legal transcripts or testimony copies of any public records alternative dispute resolution interest investigative services medical examinations autopsies medical costs containment declaratory Jjudgment subrogation and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under the policy. However the fees charges and costs of a claim service provider are not considered defense costs. U GL1449 A CW 0410 Page 7 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
B. Incident for purposes of this endorsement only means As defined or used in our policy an occurrence offense claim accident act error or omission common cause disease or any other such event that is or is alleged to be the cause or result of a loss involving the liability coverages of our policy and to which a self insured retention applies. C. Self insured retention means The amount or amounts which you must pay for all covered damages which you shall become legally obligated to pay because of the coverages included in the policy to which this endorsement is attached sustained by one or more persons or organizations. All other terms and conditions of this policy remain unchanged. U GL1449 A CW 0410 Page 8 of 8 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Recording And Distribution Of Material Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 4839922 05 07012017 07012018 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon 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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon 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 Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Blanket Notification to Others of Cancellation or Non Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer GLO483992205 07012017 07012018 07012017 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. If we cancel or non renew this Coverage Part by written notice to the first Named Insured we will mail or deliver notification that such Coverage Part has been cancelled or non renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list 1. Must be provided to us prior to cancellation or non renewal 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non renewed and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list 1. Within seven days of the effective date of the notice of cancellation if we cancel for non payment of premium or 2. Atleast 30 days prior to the effective date of a. Cancellation if cancelled for any reason other than nonpayment of premium or b. Non renewal but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not 1. Extend the Coverage Part cancellation or non renewal date 2. Negate the cancellation or non renewal or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy integrity timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U GL1521 A CW 1012 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol EIf. Date of End. Producer Addl Prem Return Prem. GLO 4839922 05 07012017 07012018 37385000 S INCL S THIS Named Insured Address including Zip Code This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connec tion with or used as spare parts in aircraft mis siles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above. DORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Grounding means 1. the withdrawal of any aircraft products from flight operations or 2. the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or operated by the same or different persons firms or corpo rations. A grounding begins 1 on the date that any accident or occurrence re sults in disclosure of a known or suspected de fect fault or condition or 2 on the date the aircraft products are first with drawn from service due to a known or suspected defect fault or condition whichever first occurs Testing means examination observation evaluation or measuring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or sds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft yacecraft including but not limited to the ms products installed in used in connec or used as spare parts in aircraft mis pacecraf or upport and control equipment or andling tools and equipment aids instructions manuals blueprints lata or engineering advice relating to the adin 1 and 2 ahave ar wheth operat ration 2 Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1 | 2 |
AIDS Exclusion ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part AIDS Exclusion The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to AIDS Bodily injury or property damage arising out of any actual alleged latent or threatened infection communication contagion or development of or contamination by AIDS. The following exclusion is added to 2. Exclusions of Section L Coverage B Personal and Advertising Injury Liability This insurance shall not apply to AIDS Personal and advertising injury arising out of any actual alleged latent or threatened infection communication conta gion or development of or contamination by AIDS. For purposes of this exclusion the following additional definition applies AIDS means any one or more of the following A. Human T cell Leukemia Virus HTLV B. Human Immunodeficiency Virus HIV C. Acquired Immune Deficiency Syndrome AIDS D. AIDS related complex ARC or any disease or condition arising out of or associated with any of these. U GL908 BCW 804 Page Lof | 2 |
Z ZURICH Claim Series Endorsement Produc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Section L. Coverage A Bodily Injury and Property Damage is amended to include the following All occurrences which result in a series of claims or suits that the insured becomes legally obligated to pay as dam ages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be just one occurrence regardless of the total number of a. insureds b. claims made or suits brought. persons or organizations making claims or bringing suits or d. potential occurrences that might otherwise have applied in the absence of this endorsement. The following additional Definition is added Common Cause or Condition means the same or similar design error omission or defect manufacturing defect or fail ure by the insured to warn of a potential hazard in or of your products or your work. U GL911 B CW 905 Page Lof | 2 |
Electromagnetic Radiation Exclusion ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Electromagnetic Radiation Exclusion The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liabil ity This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromag netic radiation or electromagnetism. The following exclusion is added to 2. Exclusions of Section L Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field or force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves. Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 804 Page Lof | 2 |
Silica or Silica Mixed Dust Exclusion Eff. Date of Pol. Exp. Date of Pol. Eff. Dateof End. AddL Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of sil ica by any insured or by any other person or entity. C. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles. ica mixed or combined with dust or other particles or silica compounds silica dust or sil 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page lof Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Waiver Of Subrogation Blanket Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer GLO483992205 07012017 07012018 07012017 37385000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is executed before a loss to waive your rights of recovery from oth ers we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Page I of 1 | 2 |
DEFENSE WITHIN LIMITS NOTICE UNLIKE MOST LIABILITY INSURANCE POLICIES IN WHICH PAYMENT OF DEFENSE COSTS DOES NOT REDUCE THE POLICY LIMITS THIS POLICY CONTAINS A DEFENSE WITHIN THE LIMITSPROVISION. THE PROVISION INCLUDES THE INSURER S COSTS FOR PROVIDING LEGAL DEFENSE AGAINST A CLAIM ALONG WITH ANY CLAIM SETTLEMENT AMOUNT WITHIN THE STATED POLICY LIMITS. WE HAVE THE RIGHT AND DUTY TO DEFEND THE INSURED A GAINST ANY SUIT SEEKING DAMA GES FOR BODILY INJURY OR PROPERTY DAMAGE TO WHICH THIS INSURANCE APPLIES. HOWEVER ONCE THE POLICY LIMIT IS REACHED THE INSURER S RESPONSIBILITY TO PAY ANY FURTHER AMOUNTS FOR DEFENSE COSTS OR FOR ANY DAMAGES THAT MAY BE AWARDED ENDS EXCEPT THAT THE INSURER WILL PAY DAMAGES FOR STATUTORILY REQUIRED LIABILITY INSURANCE TO THE LIMIT REQUIRED BY LAW. U GU T39 A CW 906 Page Lof | 2 |
COMMERCIAL GENERAL LIABILITY CG 01 03 06 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury Property Damage and Personal And Advertising Injury unless we are prejudiced by the insured s or your failure to comply with the requirement no provi sion of this Coverage Part requiring you or any insured to give notice of occurrence claim or suit or forward demands notices summonses or legal papers in connection with a claim or suit will bar coverage under this Coverage Part. CG 01 03 06 06 ISO Properties Inc. 2005 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section I Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section I Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Page 1of 1 CG 012303 97 Copyright Insurance Services Office Inc. 1996 | 2 |
COMMERCIAL GENERAL LIABILITY CG 013408 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclu sions under Section Coverage B Personal And Advertising Injury Liability or to any amendment to or re placement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CG 01340803 ISO Properties Inc. 2003 Page 10of 1 m | 2 |
POLICY NUMBER GLO 4839922 05 POLICY NUMBER GLO 4839922 05 COMMERCIAL GENERAL LIABILITY CG01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit 1500000 Information required to complete this Schedule if not shown above will be shown in the Declarations. CG01540413 A. The following is added to Section 1 Coverages Coverage D Pollution Bodily Injury And Property Damage 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 included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A B and D. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph c. below during the policy period.. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for damages because of property damage causing loss to the same person or organizaton as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. Insurance Services Office Inc. 2012 Page 10of 4 Page 10of 4 | 2 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual 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 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 or 2 That the insured would have in the absence of the contract or agreement. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. 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 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 14 e. 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 to claims against any insured that allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which resulted in 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 definiton of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Page 2of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
f. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 3. 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 or 4 Personal property in the care custody or control of the insured. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement.. Products Completed Operations Hazard Bodily injury or property damage included within the products completed operations hazard. j Statutory Or Regulatory Clean up Costs 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 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. k. Bodily Injury Or Property Damage Bodily injury or property damage which are covered under Coverage A Bodily Injury And Property Damage Liability. B. Supplementary Payments Coverages A And B is replaced by the following Supplementary Payments Coverages A B And D We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. 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. 3. 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. 4. 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. 2 CG 01540413 Insurance Services Office Inc. 2012 Page 3of 4 | 2 |
5. 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. 6. 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. 7. 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.. The following is added to Section Ill Limits Of Insurance The Pollution Liability Aggregate Limit is the most we will pay under Coverage D for all damages because of injury and damage for which claim is first made during the policy period. D. Paragraph 4. Other Insurance of Section IV Conditions is amended as follows Al references to Coverage A or B are amended to read Coverage A B or D. E. The following additional definition applies Pollution liability hazard means all bodily injury and property damage arising out of the discharge release or escape of pollutants at or from a. Premises you own rent or occupy or b. Any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. Page 4of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1of 1 | 2 |
POLICY NUMBER GLO 4839922 05 POLICY NUMBER GLO 4839922 05 COMMERCIAL GENERAL LIABILITY CG211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 2 Any loss cost or expense arising outof 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 govern mental authority for damages because of leslmg for monitoring cleaning up remov ing containing treating detoxifying or neutralizing or in any way responding to or as ing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dlspersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply tobodily injury or property damage arising out of heat smoke or fumes from ahostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up remove contain treat detoxify 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 govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 39 1207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 3 To any obligation to share damages with or to repay someone else who must pay damages because of the injury. This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. CG 26 391207 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. 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. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 016803 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES DUTIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added to the Duties Condition 2. Any settlement of a claim made or suit We will notify the first Named Insured in writing of brought against the msured fmsureq under L N this coverage. The notice will be given not 1. An initial offer to settle a claim made or suit later than the 30th day after the date of the brought against any insured insured under settlement. this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. Insurance Services Office Inc. 2011 IL 016803 12 Page 10of 1 | 2 |
IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy However if this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the a. By mailing or delivering to the first Named Insured written notice of cancellation stating the reason for cancellation at least 10 days before the effective date of cancellation. Texas Uniform Condominium Act then the notice of cancellation as described above will be provided to the first Named Insured 30 days before the effective date of cancellation. We will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL02751113 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
b. For the following reasons if this policy does 1 2 not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate d Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver.. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas c If the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the control of the Named Insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do so by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2of 2 | 2 |
2 ZURICH Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint AVISO IMPORTANTE Para obtener informacion o para presentar una queja Usted puede llamar al nimero de telfono gratuito de Zurich North America s para obtener informacin o para presentar una queja al 1 800 382 2150 Usted puede comunicarse con el Departamento de Se guros de Texas para obtener informacin sobre com panias coberturas derechos o quejas al 1 800 252 3439 You may call Zurich North America s toll free telephone number for information or to make a complaint at 1 800 382 2150 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 4 ONN DEN AADD 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web www.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov Usted puede escribir al Departamento de Seguros de Texas a P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Sitio web www.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES Si tiene una disputa relacionada con su prima de seguro 0 con una reclamacion usted debe comunicarse con la compania primero. Si la disputa no es resuelta usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA Este aviso es solamente para propositos informativos y no se con vierte en parte o en condicin del documento adjunto. U GU296 E 0615 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 90 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
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