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Z ZURICH Pollution Liability Exclusion Disclosure Notice This insurance policy does not apply to or provides very limited coverage as respects pollution liability. You should refer to the specific pollution liability policy exclusions or pollution liability exclusion endorsements of your policy for determination of specific terms and conditions as respects exclusion of any pollution liability exposures that you may have. The policy exclusions of the Commercial General Liability Coverage Part apply to pollution exposures in the coverage territory unless replaced or modified as indicated in the applicable endorsement by one or more of the following pollution exclusion endorsements. The pollution exclusion endorsements that are checked XJ apply to pollu tion exposures in the indicated areas of the coverage territory X Total Pollution Exclusion Endorsement ISO Form All states in the coverage territory except CG2149 HLIL ME MN VT TX XITotal Pollution Exclusion Hostile Fire Exception All states in the coverage territory except 1SO Form CG 21 55 XI Only applicable in the following states IL MN VT. Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception SO Form CG 21 65 Only applicable in the following states XITotal Pollution Exclusion Hostile Fire Exception ISO Form CG 21 55 Total Pollution Exclusion with a Building Heating Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Other State Endorsements X Indiana Changes Pollution Exclusion ISO Form Indiana CG 0123 X Missouri Changes Pollution Exclusion ISO Form X Missouri CG 01 34 or Missouri Changes Gasoline Risks Pollution Exclusion Missouri ISO Form CG 01 35 X Vt. Changes Pollution ISO form CG 01 54 Vermont Other Applicable in the following states Assuming risk does not qualify as a large risk according to Texas law Indiana Missouri U GL1203 A CW 404 Page I of 1 | 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 |
Z ZURICH Important Notice Texas Safety Consultation Services Zurich in North America has loss control services available at no additional charge. If you would like additional information regarding these services please contact us or visit our website. If you would like to request services please complete the information on this form and mail it to the address listed below. Zurich Services Corporation Risk Engineering 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 982 5964 httpwww.zurichna.com riskengineering request additional safety and health services Company name Contact name Address City State Zip code Telephone number Policy number LC373.C TX 0112 Page 1 of 1 | 2 |
2 ZURICH M W R e B R CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number AG Plaza at Enclave LLC. GLO4839922 05 07012017 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with ts permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
Z ZURICH Insured Name AG Plaza at Enclave LLC. Policy Number GL04839922 05 Effective Date July 1 2017 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 1000.00 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 Januaryl 2018 December 31 2018 federal share 82 Januaryl 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 Disclosure of 100 Billion Cap on All Insurer and Federal Obligations attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such I hat exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. If aggregate insured los Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terroris 2. To be a violent act or an act that is dangerous to human life property or infrastructure AUt i Hiah AL e AT A AL diia A Rt et AL e AL AL i oAt S 2 IR U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 20f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
cHUBB FLORIDA NOTICE OF RISK MANAGEMENT PROGRAM AVAILABILITY Florida regulations require us to develop and make available for use by our clients a Risk Management Guide. We are pleased to present to you Chubb s Risk Management Guide which includes measures services and plans we have developed. The scope of your Risk Management Program should include the following 1 Safety measures including as applicable the following areas a Pollution and environmental hazards b. Disease hazards c Accidental occurrences d. Fire hazards and fire prevention and detection e. Liability for acts from the course of business f. Slip and fall hazards g Products injury and Hazards unique to a particular class or category of policyholders. 2. Training to policyholders in safety management techniques. 3. Safety management counseling services. Our guide and services are available upon request to assist in your risk management efforts. If you would like more information call 1 877 248 2202 or email losscontrolservice chubb.com. If you leave a message or send an email inquiry please include your name phone number company name email address policy number and a brief description of the loss control services being requested. Florida Important Notice Risk Management Program Availability last page Form 99 10 0820 Ed. 2 05 Important Notice Page 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS cHUBB This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww.treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. last page Form 99 10 0792 Ed. 9 04 Important Notice Page 1 | 2 |
cHUBB POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. last page Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. Terrorism is defined as any act certified by the Secretary of Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States outside the United States in the case of an air carrier or vessel or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. In addition as required by the Terrorism Risk Insurance Act we. indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses. specified the premium we would charge if any for providing such insurance and. except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion included in your policy. This Policyholder Notice refers back to the Important Notice attached to the quote that was provided to you at the time you received the written offer for this policy and provides information about your decision and the manner in which your policy has been subsequently modified. If. You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements.. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism Risk Insurance Act is shown in your policy. Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy is a workers compensation policy rejection of insurance for terrorism is legally prohibited. You should know that the insurance provided by your policy for losses caused by acts of terrorism is partially reimbursed by the United States of America under the formula set forth in the Act. Under the formula the United States Government generally reimburses 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. continued Form 99 10 0951 Ed. 9 15 Important Notice Page 1 | 2 |
cHUBB If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. last page Form 99 10 0951 Ed. 9 15 Important Notice Page 2 | 2 |
Customarq Series cHUBB Life Sciences Insurance Program FOR UNIPHARMA LLC Producer MAJOR AMERICAN MARKETING INTL CO DBA MIAMI INS 18851 NE 29TH AVE 500 AVENTURA FL 33160 0000 Chubb Servicing Office TAMPA 3000 BAYPORT DRIVE SUITE 700 TAMPA FL 33607 8410 Form 80 02 9000 Ed. 4 94 Page 10f 1 | 2 |
Customarq Series Life Sciences Insurance Program How To Report A Loss To report a Loss use the following procedure. cHUBB Loss Notification If an Insured Person has a Loss please contact us by telephone as soon as possible for further assistance Telephone Number 1 800 252 4670 24 hours a day 7 days a week You may also fax the loss report during normal business hours to Fax Number 1 800 300 2538 Fax Number You may mail your loss report to the following address Chubb Group Of Insurance Companies Claim Service Center 600 Independence Parkway P.0. Box 4700 Chesapeake Va. 23327 4700 Mailing Address Form 80 02 9001 Ed. 6 98 How To Report A Loss Page 1 of 1 | 2 |
Customarq Series Life Sciences Insurance Program cHUBB Table Of Contents This Table Of Contents is provided to acquaint you with the overall organization of this policy. POLICY ORGANIZATION Insuring Agreement Premium Summary Liability Insurance Section Liability Schedule Of Forms Declarations Liability Contracts Liability Endorsements Common Policy Section Common Policy Conditions Common Policy Endorsements Note Each contract within a section has its own Table Of Contents to facilitate your use of them. last page Form 80 02 9100 Ed. 4 94 Table Of Contents Page 1 | 2 |
cHUBB NOTICE TO POLICYHOLDERS Enclosed is your commercial insurance policy from Chubb. The bill that corresponds with this policy has been mailed separately. When you receive the bill please pay the amount due by the date indicated. Payment should be made directly to Chubb. As always prompt payment will keep your coverage in place. If you have any questions about the attached policy or need assistance with additional insurance contact your agent or broker. For questions about billing call our Premium Accounting Service Center at 1 800 372 4822. Thank you for insuring through Chubb. Form 99 10 0460 Ed. 2 97 Notice Page 1 of 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS cHUBB To obtain information or to make a complaint you may contact the Company at 202B Hall s Mill Road Whitehouse Station NJ 08889 1 800 36CHUBB 1 800 362 4822 Florida Mandatory last page Form 80 10 9138 Ed. 10 97 Important Notice Page 1 | 2 |
cHUBB Insuring Agreement Hiouriniy AYyrecCiiicrit Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Named Insured and Mailing Address Policy Number 3605 13 20 TPA UNIPHARMA LLC 10200 NW 67TH STREET Effective Date NOVEMBER 6 2019 FORT LAUDERDALE FL 33321 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Producer No. 0022492 Incorporated under the laws of INDIANA Producer MAJOR AMERICAN MARKETING INTL CO DBA MIAMI INS 18851 NE 29TH AVE 500 AVENTURA FL 33160 0000 Named Insured and Mailing Address UNIPHARMA LLC 10200 NW 67TH STREET FORT LAUDERDALE FL 33321 Company and Policy Period Insurance is issued by the company in consideration of payment of the required premium. This policy is issued for the period 1201 AM standard time at the Named Insured s mailing address shown above From NOVEMBER 6 2019 To NOVEMBER 6 2020 Your acceptance of this policy terminates effective with the inception of this policy any prior policy of the same number issued to you by us. This Insuring Agreement together with the Premium Summary Schedule Of Forms Declarations Contracts Endorsements and Common Policy Conditions comprise this policy. In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. At 4 Br A fF President Searetary SIS Authorized Representative 80 02 9800 Rev. 12 08 Insuring Agreement Page 10f 1 | 2 |
Customarq Series Life Sciences Insurance Program Premium Summary Chubb cHUBB Frerinar ourriridary Named Insured and Mailing Address UNIPHARMA LLC 10200 NW 67TH STREET FORT LAUDERDALE FL 33321 Producer No. 0022492 Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Policy Number 3605 13 20 TPA Effective Date NOVEMBER 6 2019 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of INDIANA Producer MAJOR AMERICAN MARKETING INTL CO DBA MIAMI INS 18851 NE 29TH AVE 500 AVENTURA FL 33160 0000 Named Insured and Mailing Address UNIPHARMA LLC 10200 NW 67TH STREET FORT LAUDERDALE FL 33321 Policy Period From NOVEMBER 6 2019 To NOVEMBER 6 2020 1201 A M. standard time at the Named Insured s mailing address shown above. Premium Payment The First Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. Premium Audit Certain classifications within our rates and rules indicate that premiums calculated therefrom can be significantly affected by large increases or decreases in your business results. Based upon our underwriting review of information provided by you we may at our discretion perform a premium audit. You may also request such an audit. If an audit is conducted and additional premiums are due they are payable upon notice to the First Named Insured. If as a result of an audit the premium paid is greater than the earned premium we will return the excess to the First Named Insured. The First Named Insured must keep records of the information we need to perform the audit and send us copies at such times as we may request. Coverage LIABILITY INSURANCE SECTION INTERNATIONAL INSURANCE SECTION Premium 10447 3440 Rate Issue Date NOVEMBER 10 2019 continued Form 80 02 9030 Rev. 10 05 Premium Summary Page 1 | 2 |
cHUBB Premium Summary continued TOTAL 13887 If ATD coverage is provided on this policy additional certificate and handling fees may be imposed during the policy term. Coverage Premium Additional certificate and handling fees may be imposed as respects to certification of pressure equipment as mandated by State andor local jurisdictional authorities. Payment Plan The bill that corresponds with this policy has been mailed separately. When you receive the bill please pay the amount due by the date indicated. Payment should be made directly to Chubb. As always prompt payment will keep your coverage in place. Issue Date NOVEMBER 10 2019 last page Form 80 02 9030 Rev. 10 05 Premium Summary Page 2 | 2 |
A d F QUWOdCEI F0Z Liability Insurance Section Declarations Form 80 02 0009 Ed. 4 94 Declarations | 2 |
cHUBB Liability Insurance Schedule of Forms Policy Period Effective Date Policy Number Insured NOVEMBER 6 2019 TO NOVEMBER 6 2020 NOVEMBER 6 2019 3605 13 20 TPA UNIPHARMA LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued NOVEMBER 10 2019 The following is a schedule of forms issued as of the date shown above Edition Effective Date Form Number Date Form Name Date Issued 80 02 6013 11 18 LIAB GLOBAL EXT LIFE SCIENCES CONTROLLED UL 110619 111019 80 02 6415 8 04 EXCLUSION SCHEDULED DISEASES 110619 111019 80 02 6541 3 05 CONDITION PREMIUM AUDIT 110619 111019 80 02 8287 10 09 COVERAGE TERRITORY SCHEDULED 110619 1110119 80 02 0010 4 94 LIABILITY DECLARATIONS 110619 1110119 80 02 2056 11 09 EXTENDED GENERAL LIABILITY INCL HCT FOR LS 110619 111019 80 02 2062 11 98 EMPLOYEE BENEFITS ERRORS OR OMISSIONS 110619 111019 80 02 2324 11 06 NON ACCUMULATION OF LIMITS OF INSURANCE 110619 111019 80 02 2339 4 94 EXCLUSION PRODUCTS COMP. OPERATIONS HAZARD 110619 111019 80 02 6403 1 15 CAP ON CERTIFIED TERRORISM LOSSES 110619 111019 80 02 6528 1 13 EXCL INFO LAWS INCL UNAUTH OR UNSOLICT COMMUN 110619 111019 80 02 6552 5 05 EXCL ASBESTOS SILICA SIM CMPD INCL MIXED DUST 110619 111019 80 02 8201 9 06 DEDUCTIBLES 110619 111019 80 02 8337 11 09 SCHEDULED PRODUCTS OR CLASSES OF PRODUCTS 110619 111019 80 02 8364 1 12 DEF HUMAN CLINICAL TRIAL 110619 111019 80 02 8423 4 12 EXCLUSION LOSS OF USE ELECTRONIC DATA 110619 111019 80 02 8425 1 14 EXCL ALCOHOLIC BEVERAGE TYPE BUSINESSES 110619 1110119 80 02 8559 3 17 EXCL ACCESS DISCLOSE CONFID. PERS INFO.AI PI 110619 1110119 80 02 8591 12 16 COV HAZ SUB POLL LIAB TIME ELEM DELETED 110619 111019 80 02 8751 9 10 MANDATORY ARBITRATION LIFE SCIENCES 110619 111019 last page Form 80 02 2999 ED. 6 95 Schedule of Forms Page 1 | 2 |
Liability Insurance cHUBB Declarations vctiarauorico Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Named Insured and Mailing Address Policy Number 3605 13 20 TPA UNIPHARMA LLC 10200 NW 67TH STREET Effective Date NOVEMBER 6 2019 FORT LAUDERDALE FL 33321 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Producer No. 0022492 Incorporated under the laws of INDIANA Producer MAJOR AMERICAN MARKETING INTL CO DBA MIAMI INS 18851 NE 29TH AVE 500 AVENTURA FL 33160 0000 Named Insured and Mailing Address UNIPHARMA LLC 10200 NW 67TH STREET FORT LAUDERDALE FL 33321 Policy Period From NOVEMBER 6 2019 To NOVEMBER 6 2020 1201 A M. standard time at the Named Insured s mailing address shown above. Liability Coverage GENERAL LIABILITY GENERAL AGGREGATE LIMIT EACH OCCURRENCE PREMISES OPERATIONS LIMIT ADVERTISING INJURY AND PERSONAL INJURY AGGREGATE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSES EACH PERSON LIMIT MEDICAL EXPENSES DEDUCTIBLE EACH EVENT Limit Of Insurance 2000000 1000000 1000000 1000000 10000 0 Liability Insurance Issue Date NOVEMBER 10 2019 continued Form 80 02 0010 Ed. 4 94 Declarations Page 1 | 2 |
cHUBB L ab llty Coverage continued EMPLOYEE BENEFITS ERRORS OR OMISSIONS AGGREGATE LIMIT EACH CLAIM LIMIT DEDUCTIBLE EACH CLAIM RETROACTIVE DATE LIABILITY GLOBAL EXTENSION GLOBAL AGGREGATE LIMIT Limit Of Insurance 1000000 1000000 4000000 1000 NOVEMBER 1 2018 1000000 1000000 1000 NOVEMBER 1 2018 4000000 RATING INFORMATION STATE FLORIDA COVERAGE NAME PREM OPS CLASSIFICATION CODE NUMBER CLASSIFICATION DESCRIPTION LS DRUG MFG. PREMISES OPERATIONS MODERATE HAZARD PREMIUM BASIS GROSS SALES RATE nan nan nan nan 421.0 12000000 0.837 STATE INTERNATIONAL SALES PREM OPS CLASSIFICATION DESCRIPTION LS DRUG MFG. PREMISES OPERATIONS PREMIUM BASIS FOREIGN SALES RATE STATE FLORIDA EMPLOYEE BENEFITS CLASSIFICATION CODE NUMBER CLASSIFICATION DESCRIPTION EMPLOYEE BENEFITS EO PREMIUM BASIS NUMBER OF EMPLOYEES RATE 8000000.43 nan nan nan nan 176.0 nan nan nan nan 110.0 nan 2.727 Chubb. Insured Liability Insurance Issue Date NOVEMBER 10 2019 last page Form 80 02 0010 Ed. 4 94 Declarations Page 2 | 2 |
e 0 Liability Insurance Liability Global Extension For Life Sciences With Controlled Underlying Insurance Table Of Contents rabic Uil CONICTIS Section Applicability Of This Global Extension Coverages Joint Investigation Defense And Settlement Duties Limits Of Insurance Deductibles Conditions Definitions Page No. 10 OCOZFEXICOK womx w nwowzZown 0 Ga0m a WXFWZn02 Form 80 02 6013 Rev. 11 18 Contract Page 10f 11 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 80 02 6013 Rev. 11 18 Contract Page 2 of 11 | 2 |
Liability Global Extension For Life Sciences With Controlled Underlying Insurance cHUBB Contract This Global Extension issued to you or your subsidiaries has been negotiated as part of a single multinational insurance program. This Global Extension applies to all coverages contained in the liability contracts shown in the Liability Insurance Schedule of Forms in effect at the time of loss except for any coverages contained in the Stop Gap contract or the Integrated Liability And Indemnity Insurance contract. The additions deletions and modifications contained in this Global Extension apply only to the insurance afforded by this Global Extension and only with respect to claims suits or other loss circumstances happening outside the United States of America including its possessions and territories and Puerto Rico. However this Global Extension does not apply to a suit brought in the United States of America or Puerto Rico. Unless otherwise specified in this Global Extension. all other terms and conditions of this insurance remain unchanged and. this insurance is not subject to the terms and conditions of any underlying insurance or other insurance. The use of the words damages loss cost or expense in any provision does not expand any coverages under this insurance. Applicability Of This Global Extension Under Coverages the following provisions are added. Coverages Difference In Limits Excess Provision Subject to all the terms and conditions of this insurance we will pay or reimburse damages loss cost or expense to which this insurance applies but only. that part of such damages loss cost or expense which exceeds all applicable limits of underlying insurance if such underlying insurance by its terms and conditions applies to the damage loss cost or expense or would have applied but for the exhaustion of its limits of insurance and. to the extent that the Limits Of Insurance of this insurance have not been used up as described in the Limits Of Insurance provisions of this insurance. This Difference In Limits Excess Provision applies only if all applicable limits of underlying insurance by its terms and conditions are reduced by payments to which underlying insurance applies in such event this insurance will drop down to apply in excess of the remaining amount of the applicable limits of underlying insurance or. exhausted by payments to which underlying insurance applies in such event this insurance will apply in place of such underlying insurance. This Difference In Limits Excess Provision does not apply to any part of any A. amounts within the limits of underlying insurance regardless of whether or not such underlying insurance is available or collectible Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page3of 11 | 2 |
Coverages Difference In B. amounts for which the liability or obligation under underlying insurance is by law Limits Excess Provision unlimited regardless of whether or not such underlying insurance is available or collectible continued or C. costs or expenses related to anv amounts as described in subparaeraphs A. or B. above. amounts for which the liability or obligation under underlying insurance is by law unlimited regardless of whether or not such underlying insurance is available or collectible or costs or expenses related to any amounts as described in subparagraphs A. or B. above. Subject to all the terms and conditions of this insurance we will pay or reimburse damages loss cost or expense to which this insurance applies but only to the extent that such damages loss cost or expense 1. are not collectible under controlled underlying insurance and 2. would otherwise be payable under the terms and conditions of such controlled underlying insurance. This Collectibility Provision applies only if the damages loss cost or expense are not collectible under controlled underlying insurance because the insurer of the controlled underlying insurance 1. isfinancially impaired or 2. has not paid within a reasonable period of time from the date of entry of final judgment or the date of settlement that determines the amount the insured is legally obligated to pay. This Collectibility Provision does not apply to any part of any 1. deductible participation or retention including any amounts allocated to and required to be paid by the insured 2. amounts claimed by any conservator liquidator or statutory successor of any insurer or 3. costs or expenses related to any amounts described in subparagraphs C.1. or C.2. above. If payment is ultimately made to you or any other insured under any controlled underlying insurance then you must promptly reimburse us for any payment that we have made under this provision. You must make such reimbursements in currencies and jurisdictions that are mutually acceptable. Collectibility Provision Subject to all the terms and conditions of this insurance we will pay or reimburse damages loss cost or expense to which this insurance applies but only to the extent that there is no underlying insurance applicable to such damages 1oss cost or expense. This Differences In Terms Conditions Provision does not apply to any part of any A. amounts to which any underlying insurance by its terms and conditions would apply regardless of whether or not underlying insurance is available or collectible B. amounts to which any underlying insurance by its terms and conditions would have applied but for a limitation in such insurance with respect to 1. when an event trigger happens or when a claim is made or reported unless such insurance is controlled underlying insurance or 2. the amount of the limits of insurance of such insurance Differences In Terms Conditions Provision Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page 4of 11 | 2 |
Liability Global Extension For Life Sciences With Controlled Underlying Insurance cHUBB Coverages Differences In Terms Conditions Provision continued C. deductible participation or retention including any amounts allocated to and required to be paid by the insured or D. costs or expenses related to any amounts as described in subparagraphs A. B. or C. above. Subject to all the terms and conditions of this insurance if human clinical trial compensation guidelines apply in connection with injury or damage sustained by a human being as a result of their participation in a human clinical trial then we agree that the settlement of claims will be initiated in accordance with such applicable human clinical trial compensation guidelines However if an agreed settlement can not be reached in accordance with the terms and conditions of the human clinical trial compensation guidelines then we will pay or reimburse damages loss cost or expense to which this insurance applies that the insured becomes legally obligated to pay. Human Clinical Trial Compensation Guidelines Provision The following section is added. Subject to all of the terms and conditions of this insurance we will have the right to investigate defend or settle any claim suit or other loss circumstance as set forth in this insurance however notwithstanding anything to the contrary contained elsewhere in this insurance A. we have no duty to investigate defend or settle any claim suit or other loss circumstance 1 with respect to any part of any damages loss cost or expense to which this insurance does not apply if the terms and conditions of underlying insurance apply to such claim suit or other loss circumstance under the Difference In Limits Excess Provision or Collectibility Provision of this insurance or in any jurisdiction where we are a. not licensed or permitted to do business or b. prevented by law or otherwise from investigating defending or settling a claim suit or other loss circumstance. B. you and any other insured must 1 see to it that any investigation defense or settlement of any claim suit or other loss circumstance is conducted as we deem reasonable take all steps as appropriate to avoid any default in any claim suit or proceeding obtain our approval for any payment and effect payments to others with our approval. C. we may at our discretion 1. participate in any investigation defense or settlement of any claim suit or other loss circumstance and Joint Investigation Defense And Settlement Duties Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page50f 11 | 2 |
Joint Investigation 2. adjust and coordinate any claim suit or other loss circumstance with the first named Defense And insured. However the first named insured is ultimately responsible for the proper Settlement Duties apportionment of any payment made under this insurance. continued D. we may make advances payments or reimbursements of damages loss cost or expense to which this insurance applies as described in the conditions titled Advances Or Reimbursements and Indemnification In Certain Jurisdictions. With respect to the insurance afforded by this Global Extension the following provision is added. Limits Of Insurance Limits Of Insurance Global Aggregate Limit Other Than Controlled Underlying Insurance Applicable To Human Clinical Trials The Global Aggregate Limit described in Paragraphs A. through H. below does not apply to the limits of insurance of controlled underlying insurance applicable to human clinical trials. A. Notwithstanding anything to the contrary stated in this insurance or any controlled underlying insurance the most we will pay under the insurance afforded by this Global Extension any controlled underlying insurance or any combination thereof is the Global Aggregate Limit shown in the Declarations. B. Further subject to the Global Aggregate Limit shown in the Declarations the most we will pay under the insurance afforded by this Global Extension any controlled underlying insurance or any combination thereof is the Limits Of Insurance of this insurance shown in the Declarations. C. Any amounts actually paid for judgments settlements costs or expenses under the insurance afforded by this Global Extension or under any controlled underlying insurance will reduce the Global Aggregate Limit shown in the Declarations if such amounts would have otherwise reduced such limits. D. Nothing in these provisions will serve to increase or reinstate any aggregate Limit Of Insurance shown in the Declarations of the insurance afforded by this Global Extension or any aggregate limit of insurance of any controlled underlying insurance. E. If the Global Aggregate Limit shown in the Declarations has been reduced by an amount that is less than any other applicable limit the remaining amount of the Global Aggregate Limit is the most that will be available for any other payment. F. If the Global Aggregate Limit shown in the Declarations is used up then all obligations of the insurers of the insurance afforded by this Global Extension and of all controlled underlying insurance will be deemed to end in connection with amounts to which such limits would have otherwise applied. G. If the Limits Of Insurance shown in the Declarations of this insurance are used up then all obligations of the insurers of the insurance afforded by this Global Extension and of all controlled underlying insurance will be deemed to end in connection with amounts to which such limits would have otherwise applied. H. There is no obligation under the insurance afforded by this Global Extension to make any payment that exceeds the Limits of Insurance of this insurance or the Global Aggregate Limit shown in the Declarations. If any amounts are paid under the insurance afforded by this Global Extension or any controlled underlying insurance that exceed the Global Aggregate Limit shown in the Declarations or that are paid after the Limits Of Insurance shown in the Declarations of this insurance are used up as described in Paragraph G. above then you must promptly reimburse us or the insurer of such controlled underlying insurance for any such payment. Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page60f 11 | 2 |
Liability Global Extension For Life Sciences With Controlled Underlying Insurance cHUBB The following section is added. Deductibles Shared Aggregate Deductible Or Self Insured Retention In the event that an aggregate deductible or aggregate self insured retention applies to this insurance then deductibles self insured retentions or other retentions paid by you during the policy period of this insurance in accordance with the terms and conditions of controlled underlying insurance will be deemed to reduce the aggregate deductible or aggregate self insured retention of this insurance. Upon our request you must provide us with satisfactory proof of such payment. Under Conditions the following conditions are added. Conditions Advances Or Reimbursements Subject to the provision titled Joint Investigation Defense And Settlement Duties. we may at our discretion advance or pay or. we will reimburse amounts to you or others for our share of damages 10ss cost or expense to which this insurance applies. In connection with the foregoing we will only advance pay or reimburse amounts for costs or expenses that are necessary and reasonable and which are incurred with our consent. Further with respect to any amounts in connection with a settlement we will only advance pay or reimburse the damages loss cost or expense that are incurred with our consent. We will only make advances payments or reimbursements in currencies and jurisdictions that are mutually acceptable. In no event will any advances payments or reimbursements result in any increase in the Limits Of Insurance. With respect to the Difference In Limits Excess Provision we may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. In no event will any appeal result in any increase in the Limits Of Insurance. Appeals Amounts under this insurance are expressed and payable in United States of America currency. However at our discretion we may pay damages loss cost or expense in another currency. In the event of damages loss cost or expense involving another currency conversion into or from such currency shall be computed as follows. with respect to judgments or settlements amounts shall be computed at a free rate of exchange as soon as practicable following the date of entry of final judgment or the date of settlement.. with respect to elements of loss other than payments for judgments or settlements amounts shall be computed at a free rate of exchange as soon as practicable following the date of our agreement to release payment for such element of loss. Currency Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page 70f 11 | 2 |
Conditions Currency In no event will any conversion into or from another currency result in any increase in the Limits Of continued Insurance as expressed in United States of America currency. In no event will any conversion into or from another currency result in any increase in the Limits Of Insurance as expressed in United States of America currency. A. Subject to all of the terms and conditions of this insurance in any jurisdiction where we are 1 2. not licensed or permitted to do business or prevented by law or otherwise from investigating defending or settling a claim suit or other loss circumstance we will indemnify the first named insured for those amounts we are obligated to pay on behalf of you or an insured subject to the following payment of indemnity will be made to the first named insured and will be made as if the first named insured is legally obligated to pay for such loss and any such payment of indemnity to the first named insured will discharge our obligations under this insurance to you any insured or others for such loss. B. Further when this condition applies the first named insured is the only person or organization that will qualify as an insured under this insurance. C. We will indemnify the first named insured for costs or expenses incurred in defending a suit brought in a jurisdiction described in Paragraph A. above provided that the first named insured complies with all of the terms and conditions of this insurance including any duty to report claims suits or other loss circumstances. D. The first named insured must at our request 1. retain in its own name but at our expense and subject to our approval a loss adjusting expert loss adjuster authorized in the jurisdiction or country in which the claim suit or other loss circumstance occurred where permitted by applicable law grant us the full right to collaborate with such loss adjuster grant us full access to any records produced by such loss adjuster and obtain the right to control the investigation adjustment defense and settlement of the claim suit or other loss circumstance using experts approved by us including access to books records bills invoices vouchers and other information. Indemnification In Certain Jurisdictions This insurance is not a substitute for any compulsory admitted insurance in any jurisdiction regardless of whether this insurance would otherwise be accepted or qualify as compulsory admitted insurance in any jurisdiction. It is your responsibility to see to it that any compulsory admitted insurance and any renewal or replacement thereof. is obtained and remains valid and in full force and effect. will have limits no less than and terms and conditions no more restrictive than those required by law. will not be canceled non renewed or rescinded without replacement of such compulsory admitted insurance. will not materially change unless the change is required by law or is otherwise agreed to by us Maintenance Of Compulsory Admitted Insurance Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page8of 11 | 2 |
Liability Global Extension For Life Sciences With Controlled Underlying Insurance cHUBB Conditions Maintenance Of Compulsory Admitted Insurance continued. is and remains available and collectible regardless of whether or not any insurer or any other person or organization is or becomes financially impaired and. will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or cost or expenses if such costs or expenses reduce such limits. This provision applies regardless of whether or not you obtain such compulsory admitted insurance from us or any other insurer. Failure to comply with this provision will not invalidate this insurance. In no event will our obligations exceed that which would have applied absent any failure to comply with this provision. You must notify us as soon as practicable if any compulsory admitted insurance is no longer valid or in full force and effect. Under Conditions the condition titled Other Insurance is deleted and replaced by the following. Conditions Other Insurance If other valid and collectible insurance including any bond or other mechanism for funding of loss is available to any insured or other qualifying interest under this insurance for any damages loss cost or expense we would otherwise cover under this insurance then our obligations are limited as follows. This insurance is excess over and will not contribute with any other insurance whether primary excess contingent or on any other basis including any other insurer s antecedent or replacement of this insurance or any such other insurance under which any insured or other qualifying interest under this insurance is included as an insured or other qualifying interest under such other insurance. We will pay only our share of amounts if any that exceed the sum of the total amounts A. thatall such other insurance bonds or other mechanisms would pay for any damages loss cost or expense in the absence of this insurance including under any available 1. discovery period or extended reporting period 2. reinstatement of limits or supplemental or other limits and B. of any deductible participation or retention including any amounts allocated to and required to be paid by the insured in connection with any insurance bond or other mechanism described above. This provision does not apply to. insurance negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance.. the Collectibility Provision. Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page 9of 11 | 2 |
Under Definitions the following definitions are added. Definitions Admitted Insurance Admitted insurance means insurance bonds or other mechanisms to be arranged for funding of loss and to be provided by a person or organization licensed or permitted by law to do such business Admitted insurance means insurance bonds or other mechanisms to be arranged for funding of loss and to be provided by a person or organization licensed or permitted by law to do such business in a given jurisdiction. Authorized correspondent means an insurer other than a member company of the Chubb Group of Insurance Companies that we indicate is our correspondent but only for each specific insurance transaction we authorize. Authorized Correspondent Compulsory admitted insurance means admitted insurance required to be in force to satisfy the legal requirements of a given jurisdiction. Compulsory Admitted Insurance Controlled underlying insurance means insurance. that is negotiated specifically to apply as primary insurance to the insurance afforded under this Global Extension and. which a member company of the Chubb Group of Insurance Companies or an authorized correspondent provides to you or your subsidiary. Controlled Underlying Insurance Event trigger refers to the. injury damage or other loss or. accident act occurrence offense or other cause of loss that must happen for coverage to apply as described under the applicable coverage. Event Trigger Financially impaired means declared or placed in bankruptcy conservation liquidation receivership or rehabilitation by a court or regulatory authority having jurisdiction. Financially Impaired First named insured means the Named Insured first named in the Declarations. First Named Insured Human clinical trial compensation guidelines means. compulsory guidelines that are imposed by government or regulatory authority or. written guidelines that are voluntarily agreed to by you and accepted by us that set forth the manner and rules by which to determine if and to what extent a human being in a human clinical trial should be paid compensation by you for bodily injury or property damage sustained by such human being as a result of their participation in a human clinical trial to which this insurance applies. Human Clinical Trial Compensation Guidelines Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page 100f 11 | 2 |
Liability Global Extension For Life Sciences With Controlled Underlying Insurance cHUBB Definitions continued Underlying Insurance Underlying insurance A. means 1. compulsory admitted insurance 2. controlled underlying insurance and 3. any other insurance bonds or other mechanisms arranged for funding of loss. B. includes any 1 available discovery period or extended reporting period 2. available reinstatement of limits or supplemental or other limits and 3. deductible participation or retention including any amounts allocated to and required to be paid by the insured. C. does not include insurance negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Your subsidiary means an organization of which the first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Your Subsidiary Liability Insurance Form 80 02 6013 Rev. 11 18 Contract Page 11 0f 11 | 2 |
s C Liability Insurance Employee Benefits Errors Or Omissions Table Of Contents ravic Vi VUINGII Section Who Is Insured Coverage Limits Of Insurance Investigation Defense And Payment Of Damages Supplementary Payments Coverage Territory Exclusions Extended Reporting Periods Conditions Definitions Page No. 13 OO0OZFEX IO Supplementary Payments Coverage Territory Exclusions Extended Reporting Periods Conditions Definitions 13 Form 80 02 2062 Ed. 11 98 Contract Page 10f 14 wWZOnvn20 O mwIDOIIM OW H TMmZmw mm Orwv m | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 80 02 2062 Ed. 11 98 Contract Page 20f 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Contract Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations of this policy and any other person or organization qualifying as a Named Insured under this contract. The words we us and our refer to the company providing this insurance. In addition to the Named Insured other persons or organizations qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is Insured section of this contract. THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. EXCEPT AS OTHERWISE PROVIDED SUCH COVERAGE APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD. PLEASE READ THIS INSURANCE CAREFULLY. Who Is Insured Sole Proprietorship If you are 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. Partnership Or Joint Venture If you are 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. Other Organizations If you are 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. Any Other Authorized Person Any other natural person for whose acts you are legally liable is an insured provided such natural person is authorized to act in the administration of your employee benefit programs. Subsidiaries Or Newly Acquired Or Formed Organizations If there is no other similar insurance available the following will qualify to be a named insured. Any financially controlled subsidiary of yours or. any organization you newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest. This coverage is effective on the acquisition or formation date and is afforded only until the end of the policy period during which the acquisition or formation took place. No subsidiary or newly acquired or formed organization is an insured with respect to any claim arising from the administration of employee benefit programs that occurred before you acquired or formed the organization. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 3of 14 | 2 |
Who Is Insured continued Limitation On Who Is No one is an insured for the conduct of any current or past partnership joint venture or limited Insured liability company that is not shown as a named insured in the Declarations. No one is an insured for 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. Coverage Subject to the applicable Limits Of Insurance we will pay damages the insured becomes legally obligated to pay for any claim arising out of a negligent act error or omission to which this insurance applies by or on behalf of the insured in the administration of employee benefit programs. The claim must be made by. your employee. your former employee. the beneficiaries or legal representatives of your employee or former employee or. your prospective employee. This insurance applies to a negligent act error or omission only if a claim s first made against any insured during the policy period. This insurance does not apply to any negligent act error or omission which. occurred prior to the Retroactive Date stated in the Declarations of this insurance. occurred on or between the Retroactive Date stated in the Declarations of this insurance and the last day of the policy period stated in the Declarations of this insurance if on the effective date of this insurance the insured had knowledge of or should have known of any circumstances which might have resulted in a claim or. occurs after the policy period stated in the Declarations of this insurance. For purposes of this insurance. a claim by a person or organization will be deemed to have been made when notice of such claim is received and recorded by any insured our licensed agent or by us whichever comes first and. all claims by the same person or organization as a result of a negligent act error or omission will be deemed to have been made at the time the first of those claims is made against any insured. Limits Of Insurance The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of. insureds. claims made or suits brought or. persons or organizations making claims or bringing suits. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 4 of 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Limits Of Insurance continued The Limits Of Insurance 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. We may pay part or all of the deductible to settle any claim or suit and when notified the insured agrees to promptly reimburse us for the deductible paid. All claims arising from a single negligent act error or omission or a series of related negligent acts errors or omissions shall be deemed to be a single claim. Subject to the Each Claim Limit the Aggregate Limit is the most we will pay for the sum of. damages for all claims and. payments made for defense and Supplementary Payments. Aggregate Limit Each Claim Limit The Each Claim Limit is the most we will pay for all damages for each claim including payments made for defense and Supplementary Payments in excess of the deductible stated in the Declarations. Any amount paid for damages defense and Supplementary Payments for each claim will reduce the amount of the Aggregate Limit available for payment of damages defense and Supplementary Payments for any other claim. If the Aggregate Limit has been reduced by payment of damages defense and Supplementary Payments for claims to an amount that is less than the Each Claim Limit the remaining Aggregate Limit is the most that will be available for payment of damages defense and Supplementary Payments for any other claim. Investigation Defense And Payment Of Damages We will have the right and duty to defend any insured against a suit secking damages for any claim arising out of a negligent act error or omission. However we will have no duty to defend any insured against a suit secking damages to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result. The amount we will pay for damages is limited as described in Limits Of Insurance. Our right and duty to defend end when we have used up the applicable Limit Of Insurance in the payment of defense judgments or settlements and payments under Supplementary Payments. The amount we pay to defend any suit is part of and will reduce the Each Claim Limit under Limits Of Insurance. We have no further obligation or liability to pay sums or perform acts or services unless explicitly provided for under Supplementary Payments shown below. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 5 0f 14 | 2 |
Supplementary Payments Subject to the Limits Of Insurance we will pay with respect to any claim we investigate or settle or any suit against an insured we defend A. B. all expenses we incur the premium amount of bonds to release attachments but only for premium amounts within the amount of insurance available. We do not have to furnish these bonds 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 300 a day because of time off from work costs taxed against the insured in the suit 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 and 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. Each payment we make under Supplementary Payments will reduce the Each Claim Limit under Limits Of Insurance with the following exceptions A. B. salaries and expenses of our employees or the insured s employees other than 1. that portion of our employed attorneys fees salaries and expenses allocated to a specific claim or suit 2. the expenses described in C. above and fees and expenses of independent adjusters we hire. Coverage Territory This insurance applies anywhere. However the insured s responsibility to pay damages must be determined in a suit on the merits in the United States of America its territories or possessions Canada or Puerto Rico or in a settlement we agree to. Exclusions Bodily Injury Property This insurance does not apply to bodily injury property damage advertising injury or personal Damage Advertising Injury injury. Or Personal Injury Benefits Due This insurance does not apply to payments which are required pursuant to any employee benefits program Contractual Liability This insurance does not apply to liability of others 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 that the insured would have in the absence of such contract or agreement. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 6 of 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Exclusions continued Discrimination Or Humiliation This insurance does not apply to actual or alleged humiliation or unlawful discrimination. Dishonest Acts This insurance does not apply to any dishonest fraudulent criminal or malicious act error or omission by or on behalf of any insured whether acting alone or in collusion with others. Expected Or Intended Damage This insurance does not apply to any claim which results from an act that. is intended by the insured or. can be expected from the standpoint of a reasonable person to cause damage even if the damage is of a different degree or type than actually intended or expected. Fines Penalties Punitive This insurance does not apply to any assessment penalty fine or punitive or exemplary damages. Or Exemplary Damages Performance Failure This insurance does not apply to. the failure of performance of any contract by an insurer. the failure of any investment plan to perform as represented by an insured. the inability of employee benefit programs to meet their obligation due to insolvency or inadequate funds or. the investment divestment or non investment of funds. Statutory Obligation To Employees Or Plans This insurance does not apply to the insured s failure to comply with the provisions of the Internal Revenue Code any law concerning workers compensation unemployment compensation social security or disability benefits any employment severance law or the Employee Retirement Income Security Act of 1974 or any similar State or Federal legislation that has been or may be enacted. This exclusion does not apply to the administration of employee benefit programs. Termination Of Any Employee Benefit Programs This insurance does not apply to the termination of any employee benefit programs Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 7of 14 | 2 |
Exclusions continued Wrong Advice This insurance does not apply to advice given by an insured to an employee to participate or not to participate in any investment subscription plan. This insurance does not apply to advice given by an insured to an employee to participate or not to participate in any investment subscription plan. Extended Reporting Periods Basic Extended Reporting Period A Basic Extended Reporting Period is automatically provided. Under this provision. claims first made within 60 days after the end of the policy period or. claims first made within five years after the end of the policy period for negligent acts errors or omissions reported to us within 60 days after the end of the policy period will be deemed to have been made during the policy period of this policy. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. Notification of claims must be in accordance with paragraphs A. and B. of the Duties In The Event Of Negligent Act Error Or Omission Claim Or Suit provision of the Conditions. Supplemental Extended Reporting Period A Supplemental Extended Reporting Period is available only by an endorsement and for an additional premium A. If purchased this period starts at the end of the Basic Extended Reporting Period and will be for 10 years. Claims first made during this Supplemental Extended Reporting Period will be deemed to have been made during the policy period of this policy but will be subject to the separate aggregate limit of insurance set forth in paragraph C. below. B. You must give us a written request to purchase a Supplemental Extended Reporting Period within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. C. If you comply with paragraph B. above we will issue the Supplemental Extended Reporting Period Endorsement and will provide the separate aggregate limit of insurance described below but only for claims to which the Supplemental Extended Reporting Period applies. The separate aggregate Limit Of Insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for the Aggregate Limit. The Aggregate Limit as shown in the Limits Of Insurance section will be amended accordingly. The Each Claim Limit shown in the Declarations will continue to apply as set forth in the Limits of Insurance section. D. We will determine the additional premium for the Supplemental Extended Reporting Period Endorsement in accordance with our rules and rates. The additional premium will not exceed 200 of the annual premium for this insurance. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 8of 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Extended Reporting Periods Supplemental Extended Reporting Period continued The Supplemental Extended Reporting Period Endorsement will set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. When Extended Reporting We will automatically provide a Basic Extended Reporting Period and if you purchase it a Periods Apply Supplemental Extended Reporting Period if A. B. this insurance is canceled or not renewed or we renew or replace this insurance with other insurance that 1. hasaRetroactive Date later than the Retroactive Date shown in the Declarations for this insurance or 2. does not apply on a claims made basis. How Extended Reporting Extended Reporting Periods Periods ly A. apply only to claims for 1. negligent acts errors or omissions that occur before the end of the policy period and not before the Retroactive Date if any shown in the Declarations. B. donot 1. extend the policy period or change the scope of coverage provided or 2. reinstate or increase the Limits Of Insurance applicable to any claim to which this insurance applies except as described in the Supplemental Extended Reporting Period section above. C. may not be canceled once in effect. Conditions Arbitration We are entitled to exercise all of the insured s rights in the choice of arbitrators and the conduct of any arbitration proceeding except when the proceeding is between us and the insured. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of any obligation to which this insurance applies. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 9of 14 | 2 |
Conditions continued Duties In The Event Of A. You must see to it that we are notified as soon as practicable of any negligent act error or Negligent Act Error Or omission which may result in a claim. To the extent possible notice should include Omission Claim Or Suit 1. how when and where the negligent act error or omission took place and You must see to it that we are notified as soon as practicable of any negligent act error or omission which may result in a claim. To the extent possible notice should include 1. how when and where the negligent act error or omission took place and 2. the names and addresses of any involved persons and witnesses. Notice of any negligent act error or omission is not notice of a claim. If a claim is made or suit is brought against any insured you must 1. immediately record the specifics of the claim or suit and the date received and 2. notify us in writing as soon as practicable. 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 a. investigation or settlement of the claim or b. defense of 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 a negligent act error or omission to which this insurance may also apply. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expense without our consent. Notice given by or on behalf of 1. the insured or 2. any other claimant to any licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Knowledge of any negligent act error or omission by any agent or employee of the insured will not constitute knowledge by the insured unless an officer or his designee receives such notice from its agent or employee. Failure of an agent or employee of the insured other than an officer or his designee to notify us of any negligent act error or omission which he knows about will not affect the insurance afforded you by this contract. Legal Action Against Us No person or organization has a right under this insurance. to join us as a party or otherwise bring us into a suit asking for damages from an insured or. to sue us on this insurance 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 in a civil proceeding Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 10of 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Conditions Legal Action Against Us continued. an arbitration proceeding or. an alternative resolution proceeding but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable Limits of Insurance. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this insurance our obligations are limited as follows Excess Insurance This insurance is excess over and above any other valid and collectible insurance including any deductible or self insured portion or agreement of indemnity available to you. This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to the administration of employee benefits programs on other than a claims made basis if. no Retroactive Date is shown in the Declarations of this insurance or. the other insurance has a policy period which continues after the Retroactive Date shown in the Declarations of this insurance. We will have no duty under this insurance to defend any insured against a suit that any other insurer has a duty to defend. 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. We will pay only our share of the amount of the loss if any that exceeds the sum of. the total amount that all such other insurance would pay for the loss in the absence of this insurance and. the total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not purchased specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Premium Audit We will compute all premiums for this insurance in accordance with our rules and rates. In accordance with the Estimated Premiums section of the Premium Summary premiums identified by an asterisk are estimated premiums and are subject to audit. In addition to or in lieu of such designation in the Premium Summary premiums may be designated as estimated premiums in the Liability Insurance section of this policy. In that event these premiums will also be subject to audit and the second paragraph of the Estimated Premiums section of the Premium Summary will apply. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 11 of 14 | 2 |
Conditions continued Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies. as if each named insured were the only named insured and. separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment we have made under this insurance 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. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 12 of 14 | 2 |
Employee Benefits Errors Or Omissions cHUBB Definitions Administration WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT Administration means. informing employees of the content of. giving advice other than legal advice about. handling of records in connection with or. effecting enrollment termination or cancellation of employees under employee benefit programs provided such acts are authorized by you. Advertising Advertising means any advertisement publicity article broadcast or telecast. Advertising Injury Advertising injury means injury other than bodily injury or personal injury arising solely out of one or more of the following offenses committed in the course of advertising of your goods products or services. oral or written publication of advertising material that slanders or libels a person or organization. oral or written publication of advertising material that violates a person s right of privacy or. infringement of copyrighted advertising materials or infringement of trademarked or service marked titles or slogans. Agreed Settlement Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Bodily Injury Bodily injury means physical injury sickness disease mental anguish mental injury shock or humiliation sustained by a person it also includes death at any time resulting therefrom. Claim Claim means a demand for damages. Employee Benefit Programs Employee benefit programs means group life insurance group health insurance group dental insurance group automobile insurance group homeowners insurance educational tuition reimbursement plans individual retirement account IRA plans Internal Revenue Code Section 401K plans and amendments thereto profit sharing plans pension plans employee investment subscription plans workers compensation unemployment insurance social security disability benefits insurance or travel savings or vacation plans Insured Insured means any person or organization qualifying as an insured under the Who Is Insured provision and against whom claim is made or suit is brought. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 13 of 14 | 2 |
Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT continued Personal Injury Personal injury means injury other than bodily injury arising out of one or more of the following offenses committed in the course of your business other than your advertising Personal injury means injury other than bodily injury arising out of one or more of the following offenses committed in the course of your business other than your advertising A. B. C. false arrest detention or imprisonment malicious prosecution the wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person or persons occupy by or on behalf of its owner landlord or lessor oral or written publication of material that slanders or libels a person or organization or oral or written publication of material that violates a person s right of privacy. Property Damage Property damage means. physical injury to or destruction of tangible property including the resulting loss of use of that property or. loss of use of tangible property that is not physically injured. Suit Suit means a civil proceeding in which damages to which this insurance applies are alleged. Suit also includes. an arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or. any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Liability Insurance Form 80 02 2062 Ed. 11 98 Contract Page 14 of 14 | 2 |
Liability Insurance Extended General Liability Including Human Clinical Trials For Life Sciences Table Of Contents ravic Ur wori Section Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance Bodily Injury Property Damage Exclusions Aavertising Injury Personal Injury Exclusions Medical Expenses Exclusions Policy Exclusions Conditions Definitions Page 32 39 COZFrxX O Sd Lw VOWZOoOWn WUWXkFWZaowao SwZwcgd d 0 dp LOomx Form 80 02 2056 Rev. 11 09 Contract Page 1 0of 52 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 80 02 2056 Rev. 11 09 Contract Page 2 of 52 | 2 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance Exclusions Conditions and Definitions as well as the Declarations Common Policy Conditions and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a named insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the named insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. The words occurrence and property damage have special meanings relative to specific coverages described in the Definitions section of this contract. The trigger of coverage under Hazardous Substances Pollution Liability Coverage Time Element Basis differs from that which applies to other coverages under this policy. This coverage applies only if an eccurrence to which this insurance applies commences during the policy period and is discovered and reported in strict conformance with all time frames and requirements specified under the provisions of the Condition titled Hazardous Substances Pollution Liability Time Element Basis Special Duties In The Event Of Occurrence Claim Or Suit. Under Hazardous Substances Pollution Liability Coverage Time Element Basis either the insured or we may demand that coverage disagreements be resolved by binding arbitration. The use of the words damages loss cost or expense in any provision does not expand any coverages under this contract. Coverages Premises Operations Liability Coverage Subject to all of the terms and conditions of this insurance we will pay damages and claimant costs that the insured becomes legally obligated to pay including by reason of liability of another person or organization that you assume in an insured contract for bedily injury or property damage that is caused by an occurrence to which this coverage applies. This coverage does not apply to any damages loss cost or expense arising out of any injury or damage included in the products completed operations hazard. This coverage applies only to such bodily injury or property damage that occurs during the policy period. If there is no other insurance available then the bodily injury or property damage will be deemed to include a change continuation or resumption of such injury or damage after the end of the policy period. However this coverage does not apply to any damages loss cost or expense arising out of any injury or damage that is a change continuation or resumption of any injury or damage that occurred in whole or in part before the beginning of the policy period. Damages for bodily injury include damages claimed by a person or organization for care loss of services or death resulting at any time from the bodily injury. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 3 of 52 | 0 |
Coverages Premises Operations Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Lcloallillylesaverag e Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Products Completed Operations Liability Coverage Subject to all of the terms and conditions of this insurance we will pay damages and claimant costs that the insured becomes legally obligated to pay including by reason of liability of another person or organization that you assume in an insured contract for bedily injury or property damage included in the products completed operations hazard that is caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. If there is no other insurance available then the bodily injury or property damage will be deemed to include a change continuation or resumption of such injury or damage after the end of the policy period. However this coverage does not apply to any damages loss cost or expense arising out of any injury or damage that is a change continuation or resumption of any injury or damage that occurred in whole or in part before the beginning of the policy period. Damages for bodily injury include damages claimed by a person or organization for care loss or services or death resulting at any time from the bodily injury. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Personal Injury Liability Coverage Subject to all of the terms and conditions of this insurance we will pay damages and claimant costs that the insured becomes legally obligated to pay including by reason of liability of another person or organization that you assume in an insured contract for advertising injury or personal injury that is caused by an offense to which this coverage applies. This coverage applies only if such offense is first committed during the policy period. However this coverage does not apply to any damages loss cost or expense arising out of any injury in connection with any offense committed in whole or in part before the beginning of the policy period. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 4 0f 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Coverages continued Hazardous Substances Pollution Liability Coverage Time Element Basis A. Subject to all of the terms and conditions of this insurance we will pay 1. damages and claimant costs that the insured becomes legally obligated to pay including by reason of liability of another person or organization that you assume in an insured contract for bodily injury and 2. a. damages b. costs or expenses for cleanup and c. claimant costs that the insured becomes legally obligated to pay including by reason of liability of another person or organization that you assume in an insured contract for property damage. This coverage applies only to such bodily injury or property damage that is caused by an occurrence to which this coverage applies. Damages for bodily injury include damages claimed by a person or organization for care loss of services or death resulting at any time from the bodily injury. B. This coverage applies only if such occurrence 1. commences during the policy period and 2. is first discovered by an insured not later than seven calendar days following such commencement and you mail or deliver to us written notice not later than 40 calendar days following such discovery. Such notice must be in strict conformance with the provisions of the Condition titled Hazardous Substances Pollution Liability Time Element Basis Special Duties In The Event Of Occurrence Claim Or Suit. As a condition precedent to our obligations under this coverage the insured must strictly conform with all of the requirements specified in subparagraph B.2. above regardless of whether or not we are prejudiced by failure of those requirements to be met. If we or any insurer affiliated with us issue coverage for more than one policy period then obligations for all damages 10ss cost or expense arising out of any one occurrence will be subject to and governed by only the Limits Of Insurance and the other terms and conditions of the policy if any that was effective at the time such occurrence is deemed to have commenced. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 5 of 52 | 1 |
Coverages continued Medical Expenses Subject to all of the terms and conditions of this insurance we will pay medical expenses for Coverage bodily injury that is caused by an accident to which this coverage applies o 30 aannectinn with vanr aneratione or Subject to all of the terms and conditions of this insurance we will pay medical expenses for bodily injury that is caused by an accident to which this coverage applies. in connection with your operations or. that takes place on premises owned by or rented to you provided that such. accident occurs during the policy period. bodily injury is not excluded under any section of this contract. expenses are incurred and reported to us within three years of the date of the accident and. person that sustained the bodily injury submits to examination by healthcare professionals of our choice as often as we reasonably require. We will make these payments regardless of fault. This coverage does not apply to any damages loss cost or expense arising out of any injury included in the products completed operations hazard unless such injury is bodily injury that results from a human clinical trial to which this insurance applies as described in the definition of products completed operations hazard. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. We have no other obligation or liability to pay sums or perform acts or services under this coverage. Human Clinical Trials Special Provisions Unless otherwise indicated this insurance applies to a human clinical trial but only if at the commencement of the trial the insured is in receipt of all necessary authorizations the insured takes reasonable measures to ensure that the trial is conducted in accordance with all applicable agreements contracts laws procedures protocols and regulations including all applicable filing requirements and exposure to material in connection with such trial did not first occur before the earliest of the beginning of the policy period or Retroactive Date as applicable. Investigation Defense And Settlements Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured against a suit even if such suit is false fraudulent or groundless. If such a suit is brought we will pay reasonable attorney fees and necessary litigation expenses that are claim adjustment expenses to defend. the insured and. if applicable the indemnitee of the insured provided the obligation for the cost of the defense of such indemnitee has been assumed by such insured in an insured contract We have no duty to defend any person or organization against any suit to which this insurance does not apply. We may at our discretion investigate any occurrence or offense and make any settlement regardless of whether or not any claim has been made or suit has been brought. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 6 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Investigation Defense And Settlements continued The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance we will pay with respect to a claim we investigate or settle or a suit against an insured we defend. reasonable expenses other than claim ad justment expenses incurred by the insured at our request to assist us in the investigation of or defense against such claim or suit including actual loss of earnings up to 1000 a day because of time off from work.. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance then we will not pay any prejudgment interest based on that period of time after the offer.. interest on the full amount of a 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. The most we will pay hereunder is fixed as set forth in the Limits Of Insurance section of this contract. Our obligations hereunder end when we have used up the applicable Limits Of Insurance. Coverage Territory Subject to all of the terms and conditions of this insurance this insurance A. applies anywhere except to the extent that the limitations in subparagraph B. below apply. B. does not apply to 1. a. bodily injury or property damage that takes place or b. advertising injury or personal injury caused by an offense committed outside the United States of America including its possessions and territories Canada and Puerto Rico unless a suit on the merits to determine the insured s responsibility to pay damages to which this insurance applies is brought in the United States of America including its possessions and territories Canada or Puerto Rico. 2. any damages loss cost or expense in connection with any suit brought outside the United States of America including its possessions and territories Canada and Puerto Rico. Who Is An Insured THE PROVISIONS SET FORTH IN THE WHO IS AN INSURED SECTION OF THIS CONTRACT ARE SUBJECT TO THE LIMITATIONS CONTAINED IN THE PROVISION TITLED LIMITATIONS ON WHO IS AN INSURED. Sole Proprietorships If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 7 of 52 | 1 |
Who Is An Insured Sole Proprietorships continued If you die persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and your legal representativesare insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Limited Liability Companies If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds A a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. However unless we agree to extend coverage for an additional period in accordance with the provisions of Limitations On Who Is An Insured any coverage under subparagraph B. above applies only to 1. bodily injury or property damage that did not occur or 2. advertising injury or personal injury caused by an offense that was not first committed later than the earliest of. 90 days after such acquisition or formation is executed or. the end of the policy period. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 8 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Who Is An Insured continued Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However no employee is an insured with respect to any damages loss cost or expense arising out of any A. injury actually or allegedly sustained at any time by 1. you by any of your directors managers members officers partners whether or not any of the foregoing is an employee or by any co employee while such injured person is either in the course of their employment or while performing duties related to the conduct of your business or 2. any spouse child parent brother or sister of such injured person as a consequence of any injury or damage described in subparagraph A.1. above. Subparagraph A. above also applies to any obligation to share any damages loss cost or expense with or to repay any person or organization that must pay any damages loss cost or expense because of any of the foregoing. With respect to bodily injury only the limitation described in subparagraph A. above does not apply to. you or to your directors managers members officers partners or supervisors as insureds or. your employees as insureds with respect to such injury caused by cardiopulmonary resuscitation or other first aid services administered by such an employee. B. property damage to any property owned occupied or used by you or by any of your directors managers members officers or partners whether or not any of the foregoing is an employee or by any of your employees This limitation does not apply to property damage to a premises while rented to you or temporarily occupied by you with the permission of the owner. Volunteers Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. However no such person is an insured in connection with their voluntary participation in a human clinical trial. Real Estate Managers Persons other than your employees or organizations acting as your real estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons other than your employees or organizations from whom you lease equipment are insureds but they are insureds only if you are obligated pursuant to a written contract or agreement between you and such person or organization to provide them with such insurance as is afforded by this policy. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 9 of 52 | 1 |
Who Is An Insured However such a person or organization is an insured only. with respect to the maintenance or use by you of such equipment.. for such activities that did not occur after the equipment lease ends.. to the extent such contract or agreement requires the person or organization to be afforded status as an insured. for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision with respect to any assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement. Lessors Of Equipment continued Lessors Of Premises Persons other than your employees or organizations from whom you lease premises are insureds but they are insureds only if you are obligated pursuant to a written contract or agreement between you and such person or organization to provide them with such insurance as is afforded by this policy. However such a person or organization is an insured only for such activities that did not occur after you cease to be a tenant in such premises. with respect to the ownership maintenance or use of that particular part of such premises leased to you. to the extent such contract or agreement requires the person or organization to be afforded status as an insured. for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision with respect to any assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement. structural alteration new construction or demolition operations performed by or on behalf of them. Vendors Persons other than your employees or organizations that are vendors of your product are insureds but they are insureds only if you are obligated pursuant to a contract or agreement to provide them with such insurance as is afforded by this policy. However such a person or organization is an insured only. with respect to their liability for damages for bodily injury or property damage resulting from the distribution or sale of your product to which this insurance applies. to the extent such contract or agreement requires the person or organization to be afforded status as an insured and. for such activities that did not occur in whole or in part before the execution of the contract or agreement. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 10 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Who Is An Insured Vendors continued No person or organization is an insured under this provision with respect to any assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement. representation or warranty unauthorized by you. reckless or willful violation of any law or regulation. failure to make adjustments inspections services or tests that the person or organization has agreed to make or normally undertakes to make in the regular course of their business in connection with the distribution or sale of your product. chemical or physical change in your product made intentionally by the person or organization repacking unless unpacked solely for the purpose of demonstration inspection or testing or the substitution of parts under instruction from the manufacturer and then repacked in the original container. demonstration installation repair or servicing operations except such operations performed at the person s or organization s premises in connection with the distribution or sale of your product of your products that after distribution or sale by you have been labeled or relabeled or used as a container ingredient or part of any other substance or thing by or for the person or organization. Further no person or organization is an insured under this provision from whom you have acquired your product or any container ingredient or part accompanying entering into or containing your product that is acting as a 1. human clinical trial contractor 2. life science product sales contractor or 3. life science product service contractor. Human Clinical Trial Contractors Persons other than your employees or organizations acting as human clinical trial contractors for you are insureds but they are insureds only if you are obligated pursuant to a written contract or agreement between you and such person or organization to provide them with such insurance as is afforded by this policy. However such a person or organization is an insured only A. with respect to their liability for damages for bodily injury or property damage 1. included in the products completed operations hazard and 2. resulting from activities in connection with a human clinical trial to which this insurance applies Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 11 of 52 | 1 |
Who Is An Insured Human Clinical Trial Contractors continued C to the extent such contract or agreement requires the person or organization to be afforded status as an insured and for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision with respect to any assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement. representation or warranty unauthorized by you. reckless or willful violation of any law or regulation. chemical or physical change in your product made intentionally by such person or organization. Further no person or organization from whom you have acquired your product or any container ingredient or part accompanying entering into or containing your product is an insured under this provision. Life Science Product Sales Contractors Persons other than your employees or organizations acting as life science product sales contractors for you are insureds but they are insureds only if you are obligated pursuant to a written contract or agreement between you and such person or organization to provide them with such insurance as is afforded by this policy. However such a person or organization is an insured only. with respect to their liability for damages for bodily injury or property damage resulting from the dispensing distribution furnishing or sale of your product that is a life science product to which this insurance applies. to the extent such contract or agreement requires the person or organization to be afforded status as an insured and. for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision with respect to any. assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement.. representation or warranty unauthorized by you.. reckless or willful violation of any law or regulation. chemical or physical change in your product made intentionally by the person or organization.. of your products that after distribution or sale by you have been labeled or relabeled or used as a container ingredient or part of any other substance or thing by or for the person or organization. This limitation does not apply to such relabeling of your product in the regular course of dispensing or furnishing the required amount or dosage of such product. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 12 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Who Is An Insured Life Science Product Sales Contractors continued Further no person or organization from whom you have acquired your product or any container ingredient or part accompanying entering into or containing your preduct is an insured under this provision. Life Science Product Service Contractors Persons other than your employees or organizations acting as life science product service contractors for you are insureds but they are insureds only if you are obligated pursuant to a written contract or agreement between you and such person or organization to provide them with such insurance as is afforded by this policy. However such a person or organization is an insured only. with respect to their liability for damages for bodily injury or property damage resulting from activities within the scope of a life science product service to which this insurance applies. to the extent such contract or agreement requires the person or organization to be afforded status as an insured and. for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision with respect to any. assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement.. representation or warranty unauthorized by you.. reckless or willful violation of any law or regulation.. chemical or physical change in your product made intentionally by the person or organization. Further no person or organization from whom you have acquired your product or any container ingredient or part accompanying entering into or containing your product is an insured under this provision. Other Persons Or Organizations Pursuant To Contract Or Agreement Persons or organizations that you are obligated pursuant to a contract or agreement to provide with such insurance as is afforded by this policy are insureds. However such a person or organization is an insured only. to the extent such contract or agreement requires the person or organization to be afforded status as an insured and. for such activities that did not occur in whole or in part before the execution of the contract or agreement. No person or organization is an insured under this provision A. thatis more specifically identified under any other provision of the Who Is An Insured section regardless of any limitation applicable thereto. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 13 of 52 | 1 |
Who Is An Insured Other Persons Or Organizations Pursuant To Contract Or Agreement continued with respect to any 1 assumption of liability of another person or organization by them in a contract or agreement. This limitation does not apply to the liability for damages for injury or damage to which this insurance applies that such person or organization would have in the absence of such contract or agreement. representation or warranty unauthorized by you. reckless or willful violation of any law or regulation. failure to make adjustments inspections services or tests that the person or organization has agreed to make or normally undertakes to make in the regular course of their business in connection with the distribution or sale of your product. chemical or physical change in your product made intentionally by the person or organization. demonstration installation repair or servicing operations except such operations performed at the person s or organization s premises in connection with the distribution or sale of your product of your products that after distribution or sale by you have been labeled or relabeled or used as a container ingredient or part of any other substance or thing by or for the person or organization rendering of or failure to render any professional service advice or instruction regardless of whether or not such service advice or instruction is ordinary to any insured s profession and regardless of whether or not a claim is made or suit is brought by any client or other person or organization. With respect to the rendering of or failure to render a healthcare service only this limitation does not apply to bodily injury caused by a defect deficiency inadequacy or dangerous condition in your product to which this insurance applies. The limitations described in subparagraphs B. 5. through B.7. above do not apply to the extent that you have agreed in a written contract or agreement that such person or organization will provide such operations for you and such written contract or agreement requires the person or organization to be afforded status as an insured. Limitations On Who Is An Insured Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. No person or organization is an insured with respect to any damages loss cost or expense arising out of any 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization any named insured acquires either directly or indirectly for any. bodily injury or property damage that occurs or. advertising injury or personal injury arising out of any offense committed in whole or in part before such acquisition is executed. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 14 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Who Is An Insured Limitations On Who Is An Insured continued No person or organization is an insured with respect to any damages loss cost or expense arising out of any 1. ownership maintenance or use of any assets any named insured acquires 2. conduct of any person or organization whose assets business or organization any named insured acquires or 3. conduct of any organization any named insured forms during the policy period either directly or indirectly for any. bodily injury or property damage that occurs or. advertising injury or personal injury arising out of any offense first committed later than. 90 days after such acquisition or formation is executed or. the end of the policy period whichever comes first unless. you give us written notice describing the acquisition or formation for which you are requesting an extension of coverage for an additional period. we agree to issue an endorsement to extend coverage for an additional period up to the end of the policy period in connection with the acquisition or formation in accordance with the terms conditions and additional premiums determined by us and. you accept such terms and conditions and pay such premiums on or before the due date. Limits Of Insurance The Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of. insureds. claims made or suits brought or. persons or organizations making claims or bringing suits. The Limits Of Insurance 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. General Aggregate Limit Subject to the Each Occurrence Premises Operations Limit and all other applicable limits set forth in this section of this contract the General Aggregate Limit is the most we will pay for the sum of all damages claimant costs medical expenses and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under. Premises Operations Liability Coverage. Hazardous Substances Pollution Liability Coverage Time Element Basis and. Medical Expenses Coverage Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 15 of 52 | 1 |
Limits Of Insurance General Aggregate Limit for all bodily injury and property damage except in connection with injury or damage included continued in the products completed operations hazard. Any such sum we pay will reduce the amount of the General Aggregate Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Products Completed Operations Aggregate Limit Subject to the Each Occurrence Products Completed Operations Limit and all other applicable limits set forth in this section of this contract the Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages claimant costs medical expenses and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under. Products Completed Operations Liability Coverage. Hazardous Substances Pollution Liability Coverage Time Element Basis and. Medical Expenses Coverage for all bodily injury and property damage included in the products completed operations hazard. Any such sum we pay will reduce the amount of the Products Completed Operations Aggregate Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Advertising Injury And Personal Injury Aggregate Limit The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of all damages claimant costs and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under Advertising Injury And Personal Injury Liability Coverage for all advertising injury and personal injury. Any such sum we pay will reduce the amount of the Advertising Injury And Personal Injury Aggregate Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Each Occurrence Premises Operations Limit Subject to all other applicable limits set forth in this section of this contract the Each Occurrence Premises Operations Limit is the most we will pay for the sum of all damages claimant costs medical expenses and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under. Premises Operations Liability Coverage. Hazardous Substances Pollution Liability Coverage Time Element Basis and. Medical Expenses Coverage for all bodily injury and property damage except in connection with injury or damage included in the products completed operations hazard arising out of any one occurrence. Any such sum we pay will reduce the amount of the Each Occurrence Premises Operations Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 16 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Limits Of Insurance continued Each Occurrence Products Completed Operations Limit Subject to all other applicable limits set forth in this section of this contract the Each Occurrence Products Completed Operations Limit is the most we will pay for the sum of all damages claimant costs medical expenses and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under. Products Completed Operations Liability Coverage. Hazardous Substances Pollution Liability Coverage Time Element Basis and. Medical Expenses Coverage for all bodily injury and property damage included in the products completed operations hazard arising out of any one occurrence. Any such sum we pay will reduce the amount of the Each Occurrence Products Completed Operations Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Damage To Premises Rented To You Limit Subject to the Each Occurrence Premises Operations Limit and all other applicable limits set forth in this section of this contract the Damage To Premises Rented To You Limit is the most we will pay for the sum of all damages claimant costs and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under. Premises Operations Liability Coverage and. Hazardous Substances Pollution Liability Coverage Time Element Basis for all property damage to any one premises that occurs while such premises is rented to you or temporarily occupied by you with the permission of the owner. Any such sum we pay will reduce the amount of the Damage To Premises Rented To You Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Medical Expenses Each Person Limit Subject to the Each Occurrence Premises Operations Limit or the Each Occurrence Products Completed Operations Limit as applicable and all other applicable limits set forth in this section of this contract the Medical Expenses Each Person Limit is the most we will pay for the sum of all medical expenses and other amounts described as reducing the Limits Of Insurance see the provision titled Payments That Reduce The Limits Of Insurance under Medical Expenses Coverage for all bodily injury sustained by any one person. Any such sum we pay will reduce the amount of the Medical Expenses Each Person Limit and any other applicable limit. The remaining amount of any such limit is the most that will be available for any other payment. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 17 of 52 | 1 |
Limits Of Insurance continued Payments That Reduce Any payments we make for any of the following will reduce the Limits Of Insurance The Limits Of Insurance. claimant costs Any payments we make for any of the following will reduce the Limits Of Insurance. claimant costs.. costs or expenses for cleanup.. damages. medical expenses. Payments we make under the Investigation Defense And Settlements and Supplementary Payments sections of this contract will not reduce the Limits Of Insurance. Bodily Injury Property Damage Exclusions of the exclusions in this section except the specific exclusions shown below apply to property damage to a premises while rented to you or temporarily occupied by you with the permission of the owner. Contracts Bodily Injury or Property Damage. Crime Dishonesty Fraud Or Malice Hazardous Substances Pollution Liability Coverage Time Element Basis. Damage To Closed Facilities Alienated Premises Underground Facilities Or Waste Facilities Hazardous Substances Pollution Liability Coverage Time Element Basis. Damage To Owned Occupied Or Rented Property Hazardous Substances Pollution Liability Coverage Time Element Basis. Expected Or Intended Bodily Injury Or Property Damage. Aircraft Autos Or Watercraft This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any. g aircraft. auto or. watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to A. awatercraft while ashore on premises owned by or rented to you. B. awatercraft you do not own provided that it 1. isless than 55 feet long and 2. does not transport persons or cargo for a charge. C. the parking of an auto on premises owned by or rented to you provided the auto is not owned by or loaned or rented to you or the insured. D. the liability for damages assumed in an insured contract resulting from the ownership maintenance or use by others of an aircraft or watercraft. E. the operation of the equipment described in subparagraphs F.2. or F.3. of the definition of mobile equipment. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 18 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Bodily Injury Property Damage Exclusions Aircraft Autos Or Watercraft continued F. an aircraft you do not own provided that 1 the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating that person as a commercial or airline transport pilot it is rented with a trained paid crew and it does not transport persons or cargo for a charge. Alcoholic Beverage Type Business This insurance does not apply to bodily injury or property damage for which any insured may be held liable by reason of. causing or contributing to the intoxication of any person. furnishing alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Contracts Bodily Injury Or Property Damage This insurance does not apply to bodily injury or property damage for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages for bedily injury or property damage to which this insurance applies. that such insured would have in the absence of such contract or agreement or. assumed in an oral or written contract or agreement that is an insured contract provided the bodily injury or property damage occurs after the execution of such contract or agreement. Crime Dishonesty Fraud Or Malice Hazardous Substances Pollution Liability CoverageTime Element Basis With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis this insurance does not apply to bodily injury or property damage arising out of any criminal dishonest fraudulent or malicious conduct committed by the insured committed with the consent or knowledge of the insured or that would have been known from the standpoint of a reasonable person in the circumstances of the insured Damage To Alienated Premises This insurance does not apply to property damage to any premises you sell give away or abandon if the property damage arises out of any part of those premises. This exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 19 of 52 | 1 |
Bodily Injury Property Damage Exclusions continued Damage To Closed With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis this Facilities Alienated insurance does not apply to bodily injury or property damage arising out of any actual alleged or Premises Underground threatened discharge dispersal seepage migration release or escape of hazardous substances or Facilities Or Waste pollutants on at or from any Facilities Hazardous A. closed facility Substances Pollution T.. Liability Coverage Time B. premises site or location any insured sells gives away or abandons Element Basis C. underground facility or With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis this insurance does not apply to bodily injury or property damage arising out of any actual alleged or threatened discharge dispersal seepage migration release or escape of hazardous substances or pollutants on at or from any A dclosed facility B. premises site or location any insured sells gives away or abandons C. underground facility or D. waste facility. Subparagraph A. above does not apply to an occurrence to which this coverage applies that commenced before the termination or suspension of the routine and usual conduct of the insured s business at such a premises site or location. Subparagraph B. above does not apply to an occurrence to which this coverage applies that commenced before the sale giving away or abandonment of such a premises site or location. Subparagraph D. above does not apply to an occurrence to which this coverage applies that commenced while such a premises site or location was owned or operated by you. Damage To Impaired Property Or Property Not Physically Injured This insurance does not apply to property damage to. impaired property or. property that has not been physically injured arising out of any. defect deficiency inadequacy or dangerous condition in your product or your work or. delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms and conditions. With respect to Products Completed Operations Liability Coverage only this exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Owned Property This insurance does not apply to property damage to any property owned by you. Damage To Owned Occupied Or Rented Property Hazardous Substances Pollution Liability Coverage Time Element Basis With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis this insurance does not apply to property damage to any premises site or location that is or was at any time A. owned by any insured or B. occupied or borrowed by or hired leased loaned or rented to any insured. Subparagraph B. above does not apply to property damage to a premises that occurs while such premises is rented to you or temporarily occupied by you with the permission of the owner. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 20 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Bodily Injury Property Damage Exclusions continued Damage To Various Property Of Others Care Control Or Custody This insurance does not apply to property damage to any personal property loaned or rented to you. property held by you or on your behalf for sale or entrusted to you for safekeeping or storage. property on your premises for purposes of performing operations on such property by you or on your behalf. equipment or tools used by you or on your behalf in performing operations. property in your care control or custody that will be erected installed or used in construction operations by you or on your behalf. This exclusion does not apply to the liability for damages assumed in a sidetrack agreement. Damage To Your Product Your Work Or Related Property This insurance does not apply to property damage to A B. C. D. your product if arising out of it or any part of it your work if arising out of it or any part of it that particular part of any real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if such property damage arises out of those operations or that particular part of any property which must be repaired replaced or restored because your work was incorrectly performed on it. With respect to Products Completed Operations Liability Coverage only subparagraph B. above does not apply if the damaged work or the work causing the damage was performed on your behalf by a subcontractor. Subparagraphs C. and D. above apply only to Hazardous Substances Pollution Liability Coverage Time Element Basis. Employer s Liability A. This insurance does not apply to bodily injury to an employee of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply to bodily injury to the spouse child parent brother or sister of such employee as a consequence of any injury described in paragraph A. above. Voluntary participationin a human clinical trial will not be deemed to be within the course of employment or performance of duties as described in paragraph A. above. This exclusion applies. whether the insured may be liable as an employer or in any other capacity and. to any obligation to share any damages loss cost or expense with or repay someone else who must pay any damages loss cost or expense because of any injury described in paragraphs A. or B. above. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 21 of 52 | 1 |
Bodily Injury Property Damage Exclusions Employer s Liability This exclusion does not apply to the liability for damages assumed by the insured in an insured continued contract This exclusion does not apply to the liability for damages assumed by the insured in an insured contract. Expected Or Intended Bodily Injury Or Property Damage This insurance does not apply to bodil failure to act jury or property damage arising out of any act or. intended by the insured or. that would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause injury or damage even if the actual injury or damage is of a different degree or type than expected or intended. This exclusion does not apply to the liability for damages for bodily injury or property damage that results from the use of reasonable force to protect persons or tangible property. With respect to Products Completed Operations Liability Coverage only this exclusion does not apply to the liability for damages for bodily injury that results from A. reasonable use of a life science product within or upon research subjects during a human clinical trial to which this insurance applies. B. a procedure or service to 1. remove your product from or 2. repair or replace your product which has been put inside a person s body if. such product is a medical device that has caused bodily injury to such person before such procedure or service and. such removal repair or replacement is necessary to prevent a change continuation or resumption of such bodily injury to such person. Mobile Equipment Transportation This insurance does not apply to bodily injury or property damage arising out of any transportation of mobile equipment by an auto owned or operated by or loaned or rented to any insured. Advertising Injury Personal Injury Exclusions Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 22 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Advertising Injury Personal Injury Exclusions continued Continuing Offenses This insurance does not apply to advertising injury or personal injury arising out of any continuation or resumption of any offense after the later of the end of the policy period of A. this insurance or B. asubsequent continuous renewal or replacement of this insurance 1. that is issued to you by us or by an affiliate of ours and 2. which would otherwise apply to such offense. Contracts Advertising Injury Or Personal Injury This insurance does not apply to advertising injury or personal injury for which the insured is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to the liability for damages for advertising injury or personal injury to which this insurance applies. that such insured would have in the absence of such contract or agreement or. assumed in a written contract or agreement that is an insured contract provided the advertising injury or personal injury is caused by an offense first committed after the execution of such contract or agreement. Crime Dishonesty Fraud Or Malice Advertising Injury Or Personal Injury This insurance does not apply to advertising injury or personal injury arising out of any criminal dishonest fraudulent or malicious conduct. committed by the insured. committed with the consent or knowledge of the insured or. that would have been known from the standpoint of a reasonable person in the circumstances of the insured. This insurance does not apply to advertising injury or personal injury arising out of any act or failure to act intended by the insured or. that would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause injury even if the actual injury is of a different degree or type than expected or intended. Expected Or Intended Aavertising Injury Or Personal Injury This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. Failure To Conform To Representations Or Warranties Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 23 of 52 | 1 |
Advertising Injury Personal Injury Exclusions continued Internet Activities This insurance does not apply to advertising injury or personal injury arising out of This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. Media Type Businesses This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or on behalf of an insured whose business is advertising broadcasting cablecasting publishing telecasting or telemarketing. This exclusion does not apply to personal injury caused by an offense described in subparagraphs A. B. or C. of the definition of personal injury. Publications With Knowledge Of Falsity This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of content or material by or with the consent of the insured. with knowledge of its falsity or. if a reasonable person in the circumstances of such insured would have known such content or material to be false. Wrong Description Of Prices This insurance does not apply to advertising injury or personal injury arising out of the wrong description of the price of goods products or services. Medical Expenses Exclusions Injury To Insureds This insurance does not apply to medical expenses arising out of bodily injury to any insured except a. person who is otherwise your employee if such injury results from voluntary participation in or. volunteer worker if such injury results from a human clinical trial to which this insurance applies. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 24 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Medical Expenses Exclusions continued Workers Compensation Or Similar Laws Medical Expenses This insurance does not apply to medical expenses arising out of bodily injury to any person whether or not an employee of any insured if benefits for such bodily injury are payable or must be provided under any workers compensation disability benefits or unemployment compensation law or any similar law. Policy Exclusions Abuse Or Molestation This insurance does not apply to any damages loss cost or expense arising out of any A. actual or threatened abuse or molestation by anyone of any person or B. 1. employment investigation retention or supervision or 2. reporting to or failure to report to the proper authorities of any person for whom any insured is or ever was legally responsible and whose conduct would be excluded by subparagraph A. above. Asbestos This insurance does not apply to any damages loss cost or expense arising out of any actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos demand order request or regulatory or statutory 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 asbestos claim or proceeding by or on behalf of a governmental authority or others for any damages loss cost or expense because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos Employment Related Practices This insurance does not apply to any damages loss cost or expense arising out of any injury or damage actually or allegedly sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any arrest detention or imprisonment breach of any express or implied covenant coercion criticism humiliation prosecution or retaliation defamation or disparagement demotion discipline evaluation or reassignment B discrimination harassment or segregation Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 25 of 52 | 1 |
Policy Exclusions Employment Related 7. a evictionor Prac. ces b. invasion or other violation of any right of occupancy continued 8. failure or refusal to advance compensate employ or promote 10. 11. a. evictionor b. invasion or other violation of any right of occupancy failure or refusal to advance compensate employ or promote invasion or other violation of any right of privacy or publicity termination of employment or other employment related act omission policy practice representation or relationship in connection with any insured at any time. This insurance does not apply to any damages loss cost or expense arising out of any injury or damage actually or allegedly sustained at any time by any spouse child parent brother or sister of any person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence of any of the foregoing. Paragraphs A. and B. above apply regardless of the capacity in which the insured may be liable and also apply to any obligation to share any damages loss cost or expense with or to repay any person or organization that must pay any damages loss cost or expense because of any of the foregoing. Enhancement Maintenance Or Prevention Expenses This insurance does not apply to any cost or expense incurred by any insured or others A. forany 1. enhancement or maintenance of any property or 2. prevention of any injury or damage to any person property or organization B. to comply with any injunction or other equitable relief. With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis only subparagraphs A.2 and B. above do not apply to the liability for costs or expenses for cleanup for property damage to which this coverage applies. Environmental Laws Failure To Comply This insurance does not apply to any damages loss cost or expense arising out of any failure to comply with any environmental directive law order ordinance regulation or statute if such failure is a deliberate or willful act or omission by or on behalf of the insured. Healthcare Or Specific Professional Services This insurance does not apply to any damages loss cost or expense arising out of any rendering of or failure to render any. healthcare service or. specific professional services. This exclusion applies regardless of whether or not such service advice or instruction is ordinary to any insured s profession and regardless of whether or not a claim is made or suit is brought by any client or by any other person or organization. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 26 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Policy Exclusions Healthcare Or Specific Professional Services continued With respect to the rendering of or failure to render a healthcare service only this exclusion does not apply to bodily injury caused by a defect deficiency inadequacy or dangerous condition in your product to which this insurance applies bodily injury resulting from the service provided within the scope of and in accordance with the applicable written protocol of a human clinical trial in connection with a human clinical trial to which this insurance applies bodily injury caused by cardiopulmonary resuscitation or other first aid services or Medical Expenses Coverage. Intellectual Property Laws Or Rights This insurance does not apply to any damages loss cost or expense arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applies. Nuclear Energy This insurance does not apply to any damages loss cost or expense A. with respect to which any insured under this policy also has status as an insured or is entitled to indemnity under a nuclear energy liability policy issued by 1. American Nuclear Insurers Mutual Atomic Energy Liability Underwriters Nuclear Energy Liability Insurance Association Nuclear Insurance Association of Canada or any of their antecedents or successors or 2. any similar insurer anywhere in the world or would have had status as an insured or would have been entitled to indemnity under any such policy but for its termination upon exhaustion of its limit of insurance. B. arising out of the nuclear hazardous properties of nuclear or radioactive material and with respect to which any 1. person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or any similar law in any jurisdiction or Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 27 of 52 | 1 |
Policy Exclusions Nuclear Energy 2. insured is or had this policy not been issued would be entitled to indemnity from the continued United States of America or any agency thereof or any other governmental authority in any jurisdiction under any agreement entered into by such governmental authority 2. insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof or any other governmental authority in any jurisdiction under any agreement entered into by such governmental authority with any person or organization. C. arising out of the nuclear hazardous properties of nuclear or radioactive material 1. if the nuclear or radioactive material a. is at any nuclear facility owned by or operated by or on behalf of any insured b. has been discharged or dispersed therefrom or c. is contained in nuclear spent fuel or nuclear waste at any time disposed of handled possessed processed stored transported treated or used by or on behalf of any insured or 2. inany way related to the furnishing by any insured of equipment materials parts or services in connection with the construction maintenance operation planning or use of any nuclear facility. B if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph C.2 applies only to property damage to such nuclear facility and any property thereat. As used in connection with this exclusion property damage includes all forms of radioactive contamination of property. Pollution This insurance does not apply to any damages loss cost or expense arising out of any actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 at or from any premises site or location which is or was at any time owned or occupied by or loaned or rented to any insured. at or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a insured or b. person or organization for whom any insured may be legally responsible. at or from any premises site or location on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the a. pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or b. 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 Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 28 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Policy Exclusions Pollution continued Subparagraph A.4.a. above does not apply to bedily injury or property damage caused by 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 operating fluids escape directly from that particular part of such mobile equipment designed by its manufacturer to hold store or receive them. But this exception does not apply if such bodily injury or property damage arises out of any discharge dispersal seepage migration release or escape of pollutants that. was intended by the insured.. would have been expected from the standpoint of a reasonable person in the circumstances of the insured.. was a necessary part of operations performed by any insured contractor or subcontractor.. occurred during the process of fueling the mobile equipment or changing or replenishing any operating fluid. Subparagraph A.4.a. above does not apply to bedily injury or property damage if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with the operations being performed by you or on your behalf by the contractor or subcontractor. Subparagraph A.1. above does not apply to bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat cool or dehumidify such building. Subparagraphs A.1. and A.4.a. above do not apply to bedily injury or property damage caused by heat smoke or fumes from a hostile fire. This insurance does not apply to any damages loss cost or expense arising out of any actual alleged or threatened 1. demand order request or regulatory or statutory 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 2. claim or proceeding by or on behalf of a governmental authority or others for any damages loss cost or expense 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 Paragraph B. above does not apply to the liability for damages for property damage that the insured would have in the absence of such demand order request or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion does not apply to the liability for damages for property damage to a premises while rented to you or temporarily occupied by you with the permission of the owner and caused by a hostile fire explosion smoke or leakage from fire protective equipment. This exclusion does not apply to the extent that the Hazardous Substances Pollution Liability Coverage Time Element Basis applies to the liability for damages for bodily injury to which this coverage applies or damages or costs or expenses for cleanup for property damage to which this coverage applies. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 29 of 52 | 1 |
Policy Exclusions Pollution This exclusion applies regardless of whether or not the pollution was accidental expected gradual continued intended preventable or sudden. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work Or Impaired Property This insurance does not apply to any damages loss cost or expense incurred by any insured or others for any loss of use or any adjustment withdrawal recall inspection repair replacement 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. With respect to Products Completed Operations Liability Coverage only this exclusion does not apply to the liability for damages for bodily injury that results from a procedure or service to 1. remove your product from or 2. repair or replace your product which has been put inside a person s body if. such product is a medical device that has caused bodily injury to such person before such procedure or service and. such removal repair or replacement is necessary to prevent a change continuation or resumption of such bodily injury to such person. Paragraph B. above does not apply and therefore this insurance does not apply to the cost of your product or any product that replaces your product. Unapproved Goods Or Products This insurance does not apply to any damages loss cost or expense arising out of the actual alleged or threatened hazardous properties of any goods or products A. declared unsafe by the applicable governmental or regulatory authority having jurisdiction on the basis of such hazardous properties regardless of whether or not such goods or products were declared unsafe before or after 1. the goods or products were disposed of distributed handled manufactured or sold or 2. such damages loss cost or expense were incurred or B. disposed of distributed handled manufactured or sold without approval by the applicable governmental or regulatory authority having jurisdiction. Subparagraph A. above does not apply to your product to which this insurance applies if such good or product was disposed of distributed handled manufactured and sold before it was known by you or would have been known from the standpoint of a reasonable person in your circumstances that the good or product had been declared unsafe. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 30 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Policy Exclusions continued Unapproved Human Clinical Trials This insurance does not apply to any damages loss cost or expense arising out of any unapproved exposure to material in connection with any human clinical trial that happens after. a hold has been placed on the trial. an Investigational New Drug application Investigational Device Exception application or similar authorization applicable to the trial has been withdrawn or. the trial has been ordered to be discontinued by the applicable governmental or regulatory authority having jurisdiction. Unapproved Off Label Promotion This insurance does not apply to any damages loss cost or expense arising out of any dissemination of information 1. by or on behalf of any insured and 2. in connection with any unapproved use of any life science product in violation of any law regulation or order of any governmental or regulatory authority. Paragraph A. above does not apply if 1. you did not intend or 2. areasonable person in your circumstances would not have expected that such information would be used to encourage or promote any such unapproved use. Notwithstanding paragraph B. above no person or organization is an insured under this insurance if such person or organization recklessly or willfully violated or consented to any violation of law regulation or order as described in paragraph A. above. Unauthorized Or Unsolicited Communications This insurance does not apply to any damages loss cost or expense arising out of any actual alleged or threatened A. communicating distribution publication sending or transmitting of any unauthorized or unsolicited electronic communication to advertise or promote a good product service or Internet website B. unauthorized or unsolicited communication with a person or organization through the use of a computer facsimile machine telephone or automatic telephone dialing system or other communication device or system or C. violation of any judicial regulatory or statutory law related to any practice described in subparagraphs A. or B. above. Workers Compensation Or Similar Laws This insurance does not apply to any damages 1oss cost or expense arising out of any obligation of the insured under any workers compensation disability benefits or unemployment compensation law or any similar law. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 31 of 52 | 1 |
Conditions Adverse Events Reporting an adverse event to us another insurer or a governmental or regulatory authority in Reporting itself does not constitute N P NP U P T P A Reporting an adverse event to us another insurer or a governmental or regulatory authority in itself does not constitute. a conclusion that your product caused or contributed to such event.. an admission or assumption of liability.. a conclusion that injury or damage was expected or intended. Arbitration We are entitled to exercise all of the insured s rights in the choice of arbitrators and in the conduct of any arbitration proceeding except when the proceeding is between us and the insured. Further with respect to Hazardous Substances Pollution Liability Coverage Time Element Basis 1 if we and the insured do not agree whether coverage is provided then either party may make a written demand for arbitration. if such demand is made then each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will a. pay the costs or expenses it incurs and b. bear the costs or expenses of the third arbitrator equally. unless both parties agree otherwise such arbitration will take place in the locale in which the Named Insured s Mailing Address shown in the Declarations is located. Arbitration will be governed by the applicable rules of the American Arbitration Association. A decision agreed to by two of the arbitrators will be binding and will be enforceable in the same manner as a final judgment in any court of competent jurisdiction. The arbitrators will have no authority to award any punitive exemplary or extra contractual damages costs or expenses. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. Currency Amounts under this insurance are expressed and payable in United States of America currency. However at our discretion we may make payments in another currency. In the event of any payment involving another currency conversion into or from such currency will be computed as follows. with respect to payments for judgments or settlements amounts will be computed at a free rate of exchange as soon as practicable following the date of entry of final judgment or the date of settlement.. with respect to payments other than payments for judgments or settlements amounts will be computed at a free rate of exchange as soon as practicable following the date of our agreement to release payment. In no event will any conversion into or from another currency result in any increase in the Limits Of Insurance as expressed in United States of America currency. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 32 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Conditions continued Disclosure And Representations We have issued this insurance. based upon any representations made to us by you and. in reliance upon any such representations. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured knows about such hazard or other material information. Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any other insurers are notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or such other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the names and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. If a claim is made or suit is brought against any insured you must 1. immediately record the specifics of the claim or suit and the date received 2. notify us and other insurers as soon as practicable and 3. see to it that we receive written notice of the claim or suit as soon as practicable. 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 and other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization that may be liable to the insured because of loss to which this insurance may also apply. No insured will except at that insured s own cost make any payment assume any obligation or incur any expense other than for first aid without our consent. Any notice to us under this condition must be in writing and addressed to our Claim Department. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured knows about such occurrence or offense. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 33 of 52 | 1 |
Conditions Duties In The Event Of Occurrence Offense Claim Or Suit continued G. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured to notify us of an occurrence or offense that such person knows about will not affect the insurance afforded to you. Paragraphs F. and G. above do not apply to Hazardous Substances Pollution Liability Coverage Time Flement Basis. G. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured to notify us of an occurrence or offense that such person knows about will not affect the insurance afforded to you. Paragraphs F. and G. above do not apply to Hazardous Substances Pollution Liability Coverage Time Element Basis. Hazardous Substances Pollution Liability Time Element Basis Special Duties In The Event Of Occurrence Claim Or Suit With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis further to the provisions of the Condition titled Duties In The Event Of Occurrence Offense Claim Or Suit and in strict conformance with all of the time frames and requirements set forth in the provisions of the Coverage titled Hazardous Substances Pollution Liability Coverage Time Element Basis A. you must mail or deliver to us notice in writing of any occurrence. Notice must be provided in accordance with subparagraphs B. and C. below and must include L 2 3 4. 6. 7. the date and time the occurrence commenced. the date and time the occurrence was first discovered by an insured. identification of the insured that first discovered the occurrence where the occurrence took place including identification of the containers media or systems from which the hazardous substances or pollutants were discharged or released or escaped. identification including the approximate quantity and quality of the hazardous substances or pollutants involved. the cause of the occurrence. the nature of any injury damage or cleanup B. notice of all occurrences claims or suits in connection with Hazardous Substances Pollution Liability Coverage Time Element Basis must be mailed or delivered to us in writing in care of C. if such notice is maile 1. Chubb Son A division of Federal Insurance Company Claim Department Environmental Claim Manager 15 Mountain View Road Warren NJ 07059 U. it must be mailed via an express mail service that maintains a written register of the date and time mail is deposited with them it will be deemed to have been mailed to us on the date and at the time shown in the register of such mail service as the date and time you deposited such notice with them for delivery to us and we will only accept a copy of the register prepared maintained and certified by such mail service as proof of when you mailed such notice to us. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 34 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Conditions continued First Named Insured Special Provisions In addition to the obligations of the person or organization first named in the Declarations first named insured as set forth in the Common Policy Conditions or any other provision of this policy the following provisions apply. A. The first named insured is primarily responsible 1. to act on behalf of any person or organization other than us having rights or duties under this policy. 2. for all communications between any such person or organization and us. B. Such communications include those in connection with 1 any application for this insurance. 2. any addition to deletion of or other change in the terms or conditions of this insurance. 3. the provisions of the Condition titled Duties In The Event Of Occurrence Offense Claim Or Suit or similar provisions of this contract. C. Our communications under this policy will be principally through the first named insured. The inclusion of any other insured or other interest under this insurance will not obligate us to provide any notice or other specific information to any such interest. D. We have no obligation to apportion or provide any claim premium or other information separately among or to any specific insured or other interest under this insurance. Legal Action Against Us No person or organization has a right under this insurance to. join us as a party or otherwise bring us into a suit seeking damages from an insured or sue us on this insurance unless all of the terms and conditions of this insurance 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 in a civil proceeding or. arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Other Insurance If valid and collectible other insurance is available to any insured or other qualifying interest under this insurance for loss we would otherwise cover under this insurance then our obligations are limited as follows. Primary Insurance This insurance is primary except to the extent that the Excess Insurance provision described below applies. If this insurance is primary then 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 the Method of Sharing provision below. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 35 of 52 | 1 |
Conditions Other Insurance However if you are obligated pursuant to a written contract or agreement to provide a person or continued organization that is included in the Who Is An Insured section of this contract with primary insurance such as is afforded by this policy then this insurance is primary and we will not seek However if you are obligated pursuant to a written contract or agreement to provide a person or organization that is included in the Who Is An Insured section of this contract with primary insurance such as is afforded by this policy then this insurance is primary and we will not seek contribution from insurance available to such person or organization. Excess Insurance A. This insurance is excess over any other insurance whether primary excess contingent or on any other basis including any other insurer s antecedent or replacement of this insurance or any such other insurance 1. that is Fire Extended Coverage Builder s Risk Installation Risk or similar insurance for your work. that applies to property damage to a premises rented to you or occupied by you. that applies to property damage to property of others. if the loss arises out of aircraft autos or watercraft. if the loss arises out of hazardous substances pollutants or pollution. A ol if the loss arises out of any rendering of or failure to render any professional service advice or instruction. 7. thatapplies to advertising injury or personal injury. 8. under which any insured or other qualifying interest under this insurance is included as an insured or other qualifying interest under such other insurance. 9. under any Property section of this policy. 10. that applies to injury or damage that occurs in whole or in part after the end of the policy period shown in the Declarations of this insurance. B. When this insurance is excess we will 1. have no duty to defend the insured against any suit if any insurer that provides other insurance has a duty to defend such insured against such suit If no other insurer defends then we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 2. pay only our share of the amount of loss if any that exceeds the sum of the total amounts a. that all other insurance would pay for loss in the absence of this insurance and b. of all deductible participation retention and other self insured amounts including any amounts allocated to and required to be paid by the insured in connection with all other insurance C. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Method Of Sharing If all of the other insurance permits contribution by equal shares then we will follow this method also. Under this method each insurer contributes equal amounts until it has paid its applicable limits of insurance or none of the loss remains whichever comes first. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 36 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Conditions Other Insurance continued If any of the other insurance does not permit contribution by equal shares then we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. Premium Audit We will compute all premiums for this insurance in accordance with our rules and rates. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the person or organization first named in the Declarations first named insured this insurance applies. as if each named insured were the only named insured and. separately to each insured against whom claim is made or suit is brought. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before such loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived 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. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 37 of 52 | 1 |
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Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Adverse Events Adverse event includes any A. outcome of the following types regardless of whether or not such outcome is expected or intended congenital anomaly or birth defect death disability or incapacity hospitalization or R. life threatening disease injury or sickness of any person. intervention to prevent any outcome described in subparagraph A. above. malfunction of your product that may give rise to any outcome described in subparagraphs A. or B. above. condition that may give rise to any outcome described in subparagraphs A. B. or C. above requiring notification to a governmental or regulatory authority. Advertisement Advertisement. means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. does not include any e mail address Internet domain name or other electronic address or metalanguage. Aavertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their. copyrighted advertisement or. registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Agreed Settlement Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product compound or other material or waste. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 39 of 52 | 1 |
Definitions continued Auto Auto Auto. means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment.. does not include mobile equipment. Biological Agents Biological agents means any A 1. bacteria 2. mildew mold or other fungi 3. other microorganisms or 4 mycotoxins spores or other by products of any of the foregoing viruses or other pathogens whether or not a microorganism or colony or group of any of the foregoing. Bodily Injury Bodily injury means physical. injury. sickness or. disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss will be deemed to occur at the time of the physical injury sickness or disease that caused it. Claim Adjustment Expenses Claim ad justment expenses A. means 1. reasonable attorney and paralegal fees and expenses including those of attorneys and paralegals that are our employees. 2. reasonable expenses relating to a suit to which this insurance applies including the cost of court reporters depositions expert witnesses research reports and transcripts. 3. thecostof a. bail bonds or b. bonds required to i appeal judgments or ii. release attachments but only for bonds in connection with a suit to which this insurance applies and bond amounts within the available Limits Of Insurance. We do not have to furnish these bonds. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 40 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions Claim Adjustment Expenses continued 4. court costs taxed against the insured in a suit to which this insurance applies. 5. the reasonable cost and expense of any investigation that we undertake at our discretion after receiving notice from you or any other person or organization regardless of whether such notice constitutes a claim or suit 6. other reasonable expenses that we allocate to a specific claim or suit. does not include 1. any claimant costs. 2. a. any attorney or paralegal fees or expenses or litigation expenses or b. any other loss cost or expense in connection with any claim or suit for injunctive or other equitable relief brought against any insured or other qualifying interest under this insurance. 3. any fine or other penalty. 4. the salaries or expenses of our employees other than those described in subparagraph A.1. above or any salaries or expenses of any insured s employees or directors managers members officers partners or workers whether or not any of the foregoing is an employee. With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis only subparagraph B.2.a. above does not apply in connection with property damage to which such coverage applies. Claimant Costs Claimant costs means attorney fees and litigation expenses incurred by a claimant relating to a suit to which this insurance applies. Cleanup Cleanup means neutralization or removal of the injurious presence of hazardous substances or pollutants to the extent required by environmental directive law order ordinance regulation or statute of any governmental authority. Closed Facility Closed facility means any premises site or location at which the routine or usual conduct of business has been suspended or terminated. Cosmetic means an article that is intended to be applied to the human body for altering appearance beautifying cleansing or promoting attractiveness. Cosmetic Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 41 of 52 | 1 |
Definitions continued Dietary Supplement Dietary supplement means a good or product other than conventional food that is or includes o B R S T T T T T Dietary supplement means a good or product other than conventional food that is or includes an amino acid herb or other botanical mineral vitamin or similar substance or a combination concentrate constituent extract or metabolite of the substances described above which is intended to supplement the diet of human beings. Drug Drug means a biologic or synthetic article other than conventional food that is intended to achieve a chemical action upon or within the human body for use in the cure diagnosis mitigation prevention or treatment of disease injury or sickness in human beings to affect any function or structure of the human body or which is recognized as such in the official Homeopathic Pharmacopoeia or United States Pharmacopoeia National Formulary. Employee Employee. includes a leased worker.. does not include a temporary worker. Hazardous Substances Hazardous substances means contaminative pathogenic or toxic substances including. biological agents or. nuclear or radioactive material whether or not any of the foregoing is a pollutant. Healthcare Service Healthcare service means any cosmetic service advice instruction or treatment dental medical nursing physiotherapy surgical or x ray service advice instruction or treatment handling or treatment of dead bodies including autopsies organ donations or other procedures health or therapeutic service advice instruction or treatment or related dispensing or furnishing of any beverages or food or any life science product or other dental medical or surgical appliances or supplies. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 42 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions continued Human Clinical Trial Human clinical trial A. means testing of material upon or within human beings to establish the effectiveness or safety of such material. B. includes 1. the providing of the information necessary to obtain the informed consent of human beings to participate in such testing and 2. other activities in connection with the testing. Human Clinical Trial Contractor Human clinical trial contractor means a person or organization engaged to provide service advice or instruction in connection with A. 1. clinical 2. laboratory or 3. research testing activities within the scope of and in accordance with the applicable written protocol or B. the planning monitoring or review of a human clinical trial. Impaired Property Impaired property means property other than your product or your work that can not be used or is less useful because. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. you have failed to fulfill the terms or conditions of a contract or agreement if such property can be restored to use by. the adjustment removal repair or replacement of your product or your work or. your fulfilling the terms or conditions of the contract or agreement. Information And Network Information and network technology product means Technology Product A. communication computer data security electronic information Internet network or website 1 equipment or parts or 2. programs or systems and B. software data or other information that is in electronic form. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 43 of 52 | 1 |
Definitions continued Information And Network Information and network technology service means analysis data security design integration Technology Service maintenance management processing programming repair or support services in connection with an information and network technology product. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured section of this contract. Insured Contract Insured contract A means 1 2 3. 4 b a lease of premises a sidetrack agreement an easement or license agreement an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality an elevator maintenance agreement or any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for such municipality in which you assume the tort liability of another person or organization to pay damages for injury or damage to which this insurance applies sustained by a third person or organization. does not include that part of any contract or agreement which indemnifies an architect engineer or surveyor for damages arising out of 1 2. preparing approving or failing to prepare or approve maps drawings opinions reports surveys field orders change orders designs or specifications or giving directions or instructions or failing to give them. Intellectual Property Law Or Right Intellectual property law or right means any certification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy passing off or similar practices. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 44 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions continued Leased Worker Leased worker. means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business.. does not include a temporary worker. Life Science Product Life science product means a cosmetic dietary supplement drug or medical device. Life Science Product Sales Contractor Life science product sales contractor means a person or organization engaged to provide service advice or instruction in connection with the dispensing distribution furnishing or sale of a life science product other than in connection with a human clinical trial. Life Science Product Service Life science product service means. clinical. design or development review. laboratory or. research service advice or instruction in connection with a life science product Life Science Product Service Contractor Life science product service contractor means a person or organization engaged to provide life science product service other than in connection with a human clinical trial. Loading Or Unloading Loading or unloading A means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. whileitis in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. 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 auto or watercraft. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 45 of 52 | 1 |
Definitions continued Medical Device Medical device means an apparatus contrivance implant implement instrument in vitro reagent machine or similar or related article. includine an accessorv. comnonent or part that is Medical device means an apparatus contrivance implant implement instrument in vitro reagent machine or similar or related article including an accessory component or part that is. intended for use in the cure diagnosis mitigation prevention or treatment of disease injury or sickness in human beings. intended to affect any function or structure of the human body or. recognized as such in the official United States Pharmacopoeia National Formulary which does not achieve any of its primary intended purposes through chemical action upon or within the human body and which is not dependent upon being metabolized for the achievement of any of its primary intended purposes. Medical Expenses Medical expenses means reasonable expenses for necessary ambulance hospital or professional nursing services dental medical surgical or x ray services including prosthetic devices first aid administered at the time of an accident or funeral services. Mobile Equipment 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 premises owned by or rented to you I 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 subparagraphs 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 and F. vehicles not described in subparagraphs A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. Mobile equipment does not include self propelled vehicles with the following types of permanently attached equipment and such vehicles will be considered autos 1. equipment designed primarily for a. snow removal Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 46 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions Mobile Equipment continued b. road maintenance but not construction or resurfacing or c. street cleaning cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Natural Resources Natural resources means air biota fish land drinking water groundwater surface water and wildlife appertaining or belonging to held in trust or managed by or otherwise controlled by a governmental authority. Nuclear Facility Nuclear facility means any A. B. D. nuclear reactor device or equipment designed or used for 1. handling packaging or processing nuclear waste 2. processing or utilizing nuclear spent fuel or 3. separating the isotopes of plutonium or uranium device or equipment used for the alloying fabricating or processing of nuclear or radioactive material if at any time the total amount of such material in the custody of the insured at the premises where such device or equipment is located consists of or contains more than 1. twenty five grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty grams of uranium 235 or basin excavation place premises or structure prepared or used for the disposal or storage of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Hazardous Properties Nuclear hazardous properties includes explosive radioactive or toxic properties. Nuclear Or Radioactive Material Nuclear or radioactive material means any. by product material source material or special nuclear material or. other solid liquid or gaseous substance that emits radiation including its presence or use in any alloy by product compound or other material or waste. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 47 of 52 | 1 |
Definitions Nuclear Or Radioactive Material continued As used herein. waste includes material to be recycled reconditioned or reclaimed.. by product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof or in any similar applicable law in any jurisdiction. Nuclear Reactor 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. Nuclear Spent Fuel Nuclear spent fuel means any fuel element or fuel component liquid or solid that has been exposed to radiation or used in a nuclear reactor. Nuclear Waste Nuclear waste means any waste material. containing nuclear or radioactive material other than the tailings or wastes produced by the concentration or extraction of thorium or uranium from any ore processed primarily for its source material content and. resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A. or B. of the definition of nuclear facility. As used herein source material has the meaning given it in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof or in any similar applicable law in any jurisdiction Occurrence All Coverages Except Hazardous Substances Pollution Liability Coverage Time Element Basis With respect to all coverages under this contract except Hazardous Substances Pollution Liability Coverage Time Element Basis occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Hazardous Substances Pollution Liability Coverage Time Element Basis With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis occurrence 1. means the actual and accidental discharge release or escape of hazardous substances or pollutants directly from the container media or system designed to handle or hold such hazardous substances or pollutants Al discharges releases o escapes whether continuous intermitent or repeated that are related to substantially the same general cause or conditions will be deemed the same occurrence regardless of the. number of such discharges releases or escapes. number or proximity of such containers media or systems from which hazardous substances or pollutants are discharged or released or escape. duration of such discharges releases or escapes Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 48 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions Occurrence continued. period of time during which such discharges releases or escapes occur or. size of the space or geographic area in which such discharges releases or escapes take place. An occurrence involving more than one discharge release or escape will be deemed to commence at the time the first of such discharges releases or escapes commenced. does not include any discharge release or escape in a quantity or with a quality that is routine or usual to the conduct of the insured s business. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any similar governing document. Other Insurance Other insurance A. means any insurance or bond affording coverage that this insurance would also afford. B. includes any 1. type of deductible self insurance or other mechanism arranged for funding of loss. 2. discovery period or extended reporting period available under any insurance bond or other mechanism described above. 3. reinstatement of limits or supplemental or other limits available under any insurance bond or other mechanism described above. C. does not include insurance negotiated specifically to apply in excess of the Limits Of Insurance shown in the Declarations of this insurance. Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A. false arrest false detention or other false imprisonment. B. malicious prosecution. C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if committed by or on behalf of its landlord lessor or owner. D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy. E. discrimination harassment or segregation based on a person s age color national origin race religion or sex. Personal Injury Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 49 of 52 | 1 |
Definitions continued Pollutants Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you 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. Your work will be deemed completed when. all of the work called for in your contract or agreement has been completed.. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site.. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. does not include bodily injury or property damage arising out of 1. the transportation of property unless such injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and such condition was created by the loading or unloading of such vehicle by any insured or 2. the existence of tools uninstalled equipment or abandoned or unused materials. notwithstanding anything to the contrary set forth above includes all bodily injury and property damage in connection with 1. ahuman clinical trial 2. your product that is or was at any time loaned or rented to or located for the use of others whether or not such product a. hasbeen sold or b. is in your possession. Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 50 of 52 | 1 |
Extended General Liability Including Human Clinical Trials For Life Sciences cHUBB Definitions continued Property Damage A. Al Coverages Except Hazardous Substances Pollution Liability Coverage Time Element Basis With respect to all coverages under this contract except Hazardous Substances Pollution Liability Coverage Time Element Basis property damage means 1. physical injury to tangible property including resulting loss of use of such property all such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured all such loss of use will be deemed to occur at the time of the occurrence that caused it. B. Hazardous Substances Pollution Liability Coverage Time Element Basis With respect to Hazardous Substances Pollution Liability Coverage Time Element Basis property damage 1. means a. physical injury to natural resources or other tangible property including resulting loss of use of such property all such loss of use will be deemed to occur at the time of the physical injury that caused it or b. loss of use of natural resources or other tangible property that is not physically injured but which has been evacuated withdrawn from use or rendered inaccessible because of an occurrence all such loss of use will be deemed to occur at the time of the occurrence that caused it. 2. includes cleanup affecting natural resources or other tangible property. Tangible property does not include any software data or other information that is in electronic form. Specific Professional Services Specific professional services means any of the following service advice or instruction. Accounting.. Actuarial.. Architecture engineering or surveying.. Graphic arts printing or publishing.. Legal. Suit Suit. means a civil proceeding in which damages to which this insurance applies are sought.. includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Temporary worker means a person who is furnished to a party to substitute for a permanent.employee on leave or to meet seasonal or short term workload conditions. Temporary Worker Liability Insurance Form 80 02 2056 Rev. 11 09 Contract Page 51 of 52 | 1 |
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