text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
Date 08112016 Policy Number 035417902 Underwriter Name NANCY RICHARD Underwriter Region CHICAGO Underwriter Branch A. 1. RISK SPEC CO MO Underwriter Telephone 314 889 7824 1x0185 doc015 | 2 |
FORMS SCHEDULE Named Insured CHEVRON LUMMUS GLOBAL LLC Policy No 035417902 Form Number Edition Date Endorse LX9640 0510 LX9907 0206 LX9641 0211 LX4227 0813 00 LX4228 0813 00 LX8703 0511 00 LX4268 1013 00 LX0711 0116 00 LX8442 0109 00 LX9827 0105 00 Effective Date 07012016 Title CGL OCCURRENCE DEC CGL COMPOSITE RATE SCHEDULE CGL OCCURRENCE TEXT ECONOMIC SANCTIONS ENDORSEMENT DELETION OF SPEC OFAC LANGUAGE CRISIS RESPONSE COVERAGE ENDT INDIANA AMENDATORY ENDORSEMENT PROFESSIONAL SERVICES EXCLUSIO FOREIGN TERR EXCL EX CANADA TERRORISM PREMIUM CHARGE ENDT Endorsement Number nan nan nan nan 1.0 nan 2.0 nan 3.0 nan 4.0 nan 5.0 nan 6.0 nan 7.0 DOCO18Ed.1287 LX0295 | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG membercompanies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
LEXINGTON INSURANCE COMPANY Administrative Offices 99 High Street Boston Massachusetts 02110 hereinafter called the Company COMMERCIAL GENERAL LIABILITY POLICY OCCURRENCE FORM DECLARATIONS Policy Number035417902 Item 1. Named Insured and Address CHEVRON LUMMUS GLOBAL LLC 100 CHEVRON WAY RICHMOND CA 94801 2016 Renewal of NEW The Named Insured is Individual Partnership Joint Venture X Limited Liability Company Organization Other Than a Partnership or Joint Venture Trust The Business of the Named Insured is Manufactures Representative Item 2. Policy Period From 07012016 To 07012017 1201 a.m. Standard Time at the Address of the Named Insured shown in Item 1. above. Item 3. Limits of Insurance Each Occurrence Limit 1000000 Damage to Premises Rented to You Limit 1000000 Any one premises Personal and Advertising Injury Limit 1000000 Any one person or or General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 Item 4. Premium A. Total Advance Premium 25250 B. Annual Minimum Premium 25250 C. Minimum Earned Premium at Inception 8838 Any one premises Any one person or organization 25250 25250 8838 Item 5. Audit Period Annual Item 6. Endorsements Per Schedule This Policy is comprised of this Declarations Page the policy form the Schedules and endorsements. e Y L Authorized Representative OR Countersignature In states where applicable LX9640 0510 | 2 |
SCHEDULE Commercial General Liability Composite Rate Endorsement Estimated Exposure Basis Rate Basis Total Advance Annual Minimum Premium Premium Classification Description Rate Basis 9820000 2.5713 25250 25250 per 1000 of sales The following definitions apply to the endorsement 1. Sales means the entire description of Gross Sales as stated in Rule 24 of the General Liability Section of the Insurance Services Office ISO Commercial Lines Manual. 2. Payroll means the entire description of Payroll as stated in Rule 24 of the General Liability Section of the ISO Commercial Lines Manual. 3. Other means per All other terms and conditions of the policy remain the same. LX9907 0206 Page 1 of 1 | 2 |
LEXINGTON INSURANCE COMPANY Administrative Offices 99 High Street Boston Massachusetts 02110 COMMERCIAL GENERAL LIABILITY POLICY OCCURRENCE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION IV DEFINITIONS. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured described in Paragraph 1 of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence claim or suit knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION Il. WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence claim or suit 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 10f 24 | 0 |
2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services loss of consortium or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to 102111 Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attomey fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. 1 Bodily injury to an employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 2 of 24 LX9641 02111 Page 2 of 24 | 1 |
211 2 Any claim or suit brought by the spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or b c d occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 3 of 24 LX9641 02111 Page 3 0f 24 | 1 |
iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effect of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage not otherwise excluded that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or any insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment. Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 4 of 24 | 1 |
Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. This exclusion does not apply to the use or threatened use of terrorism. As used in this exclusion terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in any connection with any organization government power authority or military force when the effect is to intimidate coerce or harm 1 A government 2 The civilian population of a country state or community or 3 To disrupt the economy of a country state or community. So long as the Terrorism Risk Insurance Act of 2002 the Act is in effect terrorism includes an act of terrorism as defined by Section 102. Definitions of the Act and any revisions or amendments thereto. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 5 of 24 | 1 |
Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. However a separate Limit of Insurance applies to Damage To Premises Rented To You as described in SECTION Ill LIMITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 6 of 24 | 1 |
2111 Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Fungus Mold Bodily injury or property damage or any other loss cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by 1 Any fungusi molds mildew or yeast or 2 Any spores or toxins created or produced by or emanating from such fungusi molds mildew or yeast or 3 Any substance vapor gas or other emission or organic or inorganic body substance produced by or arising out of any fungusi molds mildew or yeast or 4 Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi molds mildew yeast or spores or toxins emanating therefrom regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that bodily injury or property damage loss cost or expense. For the purposes of this exclusion the following definitions are added to the policy Fungusi includes but is not limited to any of the plants or organisms belonging to the major group fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any fungusi molds mildew plants organisms or microorganisms. Employment Related Practices Any claim or suit alleging or asserting in any respect loss injury or damage including consequential bodily injury in connection with wrongful termination andor discrimination andor sexual harassment. The following definitions apply to this exclusion Wrongful termination means termination of an employment relationship in a manner which is against the law wrongful or in breach of an implied or written agreement to continue employment. Discrimination means termination of an employment relationship or a demotion or a failure or refusal to hire or promote an individual because of race color religion age sex disability pregnancy natural origin sexual orientation or other protected category or characteristic established pursuant to any applicable United States federal state or local law regulation or ordinance. Sexual harassment means unwelcome sexual advances andor requests for sexual favors Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 7 of 24 LX9641 02111 Page 7 of 24 | 1 |
andor other verbal or physical conduct of a sexual nature that 1 are made a condition of employment andor 2 are used as a basis for employment decisions andor 3 create a work environment that interferes with performance. s. Asbestos 1 Bodily injury in any way arising out of the use by any person or organization of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2 Property damage to real property arising out of the use by any person or organization of asbestos asbestos products asbestos fibers asbestos dust including without limitation the costs incurred with respect to the removal or abatement of asbestos asbestos products asbestos fibers or asbestos dust from or in such real property 3 Any obligation of the insured to indemnify any party because of damages arising out of such property damage bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury at any time as a result of the manufacture of mining of use of sale of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 4 Any obligation to defend any suit or claim against the insured alleging bodily injury sickness disease occupational disease disability shock death mental anguish or mental injury or property damage resulting from or contributed to by any and all manufacture of mining of use of sale of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. t. Lead 1 Bodily injury or property damage for past present or future claims arising in whole or in part either directly or indirectly out of the manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of exposure to ingestion of or testing for lead whether or not the lead is or was at any time airborne as a particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever 2 The costs of clean up or removal of lead or products and materials containing lead 3 The costs of such actions as may be necessary to monitor assess and evaluate the release or threat of same or lead or products and material containing lead 4 The cost of disposal of lead substances or the taking of such other action as may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 5 The cost of compliance with any law or regulation regarding lead. u. Nuclear 1 Bodily injury or property damage a With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liabi b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or ii the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury or property damage resulting from the hazardous properties of nuclear material if Includes Copyrighted Information of Insurance Services 211 Offices Inc. with its permission. All Rights Reserved. Page 8 of 24 LX9641 02111 Page 8 of 24 | 1 |
v. LX9641 02111 a The nuclear material b c 3 i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom The nuclear material is contained in spent fuel or waste at anytime possessed handled used processed stored transported or disposed of by or on behalf of the insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 2c applies only to property damage to such nuclear facility and any property thereat. Bodily injury or property damage arising out of the intentional or unintentional detonation of any nuclear bomb or nuclear device or release of radioactive matter. 4 As used in this exclusion the following definitions apply a Hazardous properties include radioactive toxic or explosive properties b c d e f g Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element of fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material i containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and ii resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means i Any nuclear reactor Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste i Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 iv Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Secu es And Financial Interest 1 Any violation of any securities law or similar law or any regulation promulgated thereunder 2 The purchase sale offer of sale or solicitation of any security debt insurance policy bank Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 9 of 24 | 1 |
deposit or financial interest or instrument 3 Any representation made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument.. Silica 1 Bodily injury or property damage or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or 2 Any obligation of the insured to defend andor indemnify any party because of damages arising out of such bodily injury or property damage arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. n Of Statutes In Connection With Sending Transmitting Or Communicating Any Material Or Information Any loss injury damage claim suit cost or expense arising out of or resulting from caused directly or indirectly in whole or in part by any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that includes addresses or applies to the sending transmitting or communicating of any material or information by any means whatsoever. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 102111 Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 10 of 24 LX9641 02111 Page 10 of 24 | 1 |
Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Lial ity Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 Aninternet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of the definition of personal and advertising injury in SECTION IV DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers.. Pollution Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 11 0f 24 | 1 |
Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Exclusions i. War q. Fungus Mold r. Employment Related Practices s. Asbestos t. Lead u. Nuclear v. Securities and Financial Interest w. Silica and x. Violation of Statutes in Connection With Sending Transmitting or Communicating Any Material or Information pertaining to bodily injury or property damage under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY shall apply equally to personal and advertising injury under this COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attomeys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Interest on that part of any judgment we pay that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee Includes Copyrighted Information of Insurance Services LX9641 0211 Offices Inc. with its permission. All Rights Reserved. Page 12 of 24 Page 12 of 24 | 1 |
e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.b.2 of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the Limits of Insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in subparagraph 2.f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers is an insured for Includes Copyrighted Information of Insurance Services 102111 Offices Inc. with its permission. All Rights Reserved. Page 13 of 24 LX9641 02111 Page 13 of 24 | 1 |
1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business. In addition this insurance does not apply to any claim or suit brought by the spouse child parent brother or sister of you your partner your member your coemployee or your volunteer worker as a consequence of the above paragraph. b For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees or volunteer workers or any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of Includes Copyrighted Information of Insurance Services 1 0211 Offices Inc. with its permission. All Rights Reserved. Page 14 of 24 LX9641 02111 Page 14 of 24 | 1 |
a. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and b. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for damages under Coverage A because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. No defense expenses shall be paid under the Damage To Premises Rented To You Limit. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 15 of 24 | 1 |
b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. Anywhere else in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business and 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations including but not limited to sanctions laws and regulations administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 16 of 24 | 1 |
1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered But loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or Includes Copyrighted Information of Insurance Services 10211 Offices Inc. with its permission. All Rights Reserved. Page 17 of 24 LX9641 02111 Page 17 of 24 | 1 |
c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsil law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. In the event of continuing or progressively deteriorating damage over any length of time such damage shall be deemed to be one occurrence and shall be deemed to occur only when such damage first commences. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. f. g. 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 occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard LX9641 02111 Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be deemed as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 18 of 24 | 1 |
a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Includes Copyrighted Information of Insurance Services LX9641 0211 Offices Inc. with its permission. All Rights Reserved. Page 19 of 24 | 1 |
b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. SECTION V CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. 2. Duties In The Event Of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this policy our obligations are limited as follows a. Primary Insurance Includes Copyrighted Information of Insurance Services 102111 Offices Inc. with its permission. All Rights Reserved. Page 20 of 24 LX9641 02111 Page 20 of 24 | 1 |
This insurance is primary except when b. Excess Insurance below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. Method of Sharing below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of SECTION COVERAGES COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE LIABILITY. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium and Audit b. We will compute all premiums for this policy in accordance with our rules and rates. If the premium for this policy is a flat premium it is not subject to adjustment except that additional premiums may be required for any additional exposure andor insureds or as provided for in Condition 9 Cancellation. The Premium shown in Item 4.A. of the Declarations as the Total Advance Premium is a deposit premium only. If the policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Total Advance Premium LX9641 02111 Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. Page 21 of 24 | 1 |
the first Named Insured will pay the difference to us due and payable upon notice. Subject to the Annual Minimum Premium shown in Item 4.B. of the Declarations if the earned premium is less than the Total Advance Premium we will return the difference to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. The first Named Insured shown on the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. 6. Representations By accepting this policy you agree that a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels earned premium will be calculated in accordance with the customary short rate table and procedure or the Minimum Earned Premium at Inception of the policy shown in Item 4.C. of the Declarations which ever is greater. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be sufficient proof of notice. 10. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. 11. Examination of your Books and Records Includes Copyrighted Information of Insurance Services 102111 Offices Inc. with its permission. All Rights Reserved. Page 22 of 24 LX9641 02111 Page 22 of 24 | 1 |
We may examine and audit your books and records as they relate to this policy at any time during this policy period and up to three years afterward. 12. Change In Control a. If the first Named Insured designated in Item 1. of the Declarations consolidates with or merges into or sells all or substantially all of its assets to any person or entity or b. If any person or entity acquires an amount of the outstanding ownership interests representing more than 50 of the voting or designation power for the election of directors of the first Named Insured designated in Item 1. of the Declarations or acquires the voting or designation rights of such an amount of ownership interests this policy will continue in full force and effect as to bodily injury and property damage that occur prior to the effective date of such transaction and personal and advertising injury caused by an occurrence that takes place prior to the effective date of such transaction. There will be no coverage afforded by this policy for bodily injury or property damage that occurs on or after the effective date such transaction and personal and advertising injury caused by an occurrence that takes place on or after the effective date of such transaction. 13. Inspections and Surveys We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public and we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which make insurance inspections surveys reports or recommendations. 14. Transfer of your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 15. Service Of Suit In the event of the failure of the Company to pay any amount claimed to be due hereunder we at the request of the Insured will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver by us of our rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon Counsel Legal Department Lexington Insurance Company 99 High Street Boston Massachusetts 02110 or his or her representative and that in any suit instituted against us upon this policy we will abide by the final decision of such court or of any appellate court in the event of an appeal. Further pursuant to any statute of any state territory or district of the United States which makes provision therefor we hereby designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action Includes Copyrighted Information of Insurance Services LX9641 0211 Offices Inc. with its permission. All Rights Reserved. Page 23 of 24 | 1 |
suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named Counsel Legal Department Lexington Insurance Company 99 High Street Boston Massachusetts 02110 as the person to whom the said officer is authorized to mail such process or a true copy thereof. 16. Arbitration Notwithstanding Condition 15. Service of Suit above in the event of a disagreement as to the interpretation of this policy except with regard to whether this policy is void or voidable it is mutually agreed that such dispute shall be submitted to binding arbitration before a panel of three 3 Arbitrators consisting of two 2 party nominated non impartial Arbitrators and a third impartial Arbitrator hereinafter umpire as the sole and exclusive remedy. The party desiring arbitration of a dispute shall notify the other party said notice including the name address and occupation of the Arbitrator nominated by the demanding party. The other party shall within 30 days following receipt of the demand notify in writing the demanding party of the name address and occupation of the Arbitrator nominated by it. The two 2 arbitrators so selected shall within 30 days of the appointment of the second Arbitrator select an umpire. If the Arbitrators are unable to agree upon an umpire the selection of the umpire shall be submitted to the Judicial Arbitration and Mediation Services hereinafter JAMS. The umpire shall be selected in accordance with Rule 15 as may be amended from time to time of the JAMS Comprehensive Arbitration Rules and Procedures for the selection of a sole arbitrator. The parties shall submit their cases to the panel by written and oral evidence at a hearing time and place selected by the umpire. Said hearings shall be held within 30 days of the selection of the umpire. The panel shall be relieved of all judicial formality shall not be obligated to adhere to the strict rules of law or of evidence shall seek to enforce the intent of the parties hereto and may refer to but are not limited to relevant legal principles. The decision of at least two 2 of the three 3 panel members shall be binding and final and not subject to appeal except for grounds of fraud and gross misconduct by the Arbitrators. The award will be issued within 30 days of the close of the hearings. Each party shall bear expenses of its designated Arbitrator and shall jointly and equally share with the other the expense of the umpire and the arbitration. The arbitration proceeding shall take place in the vicinity of the first Named Insured s mailing address as shown in the Declarations or such other place as may be mutually agreed by the first Named Insured and us. The procedural rules applicable to this arbitration shall except as provided otherwise herein be in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. IN WITNESS WHEREOF the Insurance Company identified on the Declarations has caused this policy to be signed by its President Secretary and a duly authorized representative of the Insurance Company. Az Secretary Includes Copyrighted Information of Insurance Services Offices Inc. with its permission. All Rights Reserved. LX9641 02111 Page 24 of 24 | 1 |
ENDORSEMENT 001 This endorsement effective 1201 AM 07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY ECONOMIC SANCTIONS ENDORSEMENT This endorsement modifies insurance provided by the policy The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. Insurer shall also mean we us our or the Company whichever is applicable in accordance with the terms of this Policy whether or not such term is in quotation marks or bolded. All other terms and conditions of the policy remain the same. 70744 Authorized Representative 2013 American International Group Inc. All Right Reserved. LX4227 0813 Page 10f 1 | 2 |
ENDORSEMENT 002 This endorsement effective 1201 AM 07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY DELETION OF SPECIFIED OFAC LANGUAGE ENDORSEMENT This endorsement modifies insurance provided by the policy If the language shown in Paragraph 1. or Paragraph 2. below appears in the policy it is hereby deleted in its entirety 1. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations including but not limited to sanctions laws and regulations administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC or 2. If coverage for a claim under this policy is in violation of any United States of America s economic or trade sanction including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim shall be and void. All other terms and conditions of the policy remain the same. 7 mm.77. Authorized Representative LX4228 0813 Page 10f 1 | 2 |
ENDORSEMENT 003 This endorsement effective 1201 AM 07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY CRISIS RESPONSE COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided by the policy o CRISIS RESPONSE NOTIFICATION TELEPHONE NUMBER 877 743 7669 THIS ENDORSEMENT EXTENDS COVERAGE TO PROVIDE FOR CRISIS RESPONSE COSTS AND CRISIS MANAGEMENT LOSS IN THE EVENT OF A CRISIS EVENT AS DEFINED HEREIN. THE LIMITS OF INSURANCE PROVIDED FOR SUCH COVERAGE ARE IN ADDITION TO THE LIMITS OF INSURANCE PROVIDED IN THE DECLARATIONS OF THIS POLICY. IF THIS ENDORSEMENT IS ATTACHED TO A CLAIMS MADE POLICY THIS ENDORSEMENT NEVERTHELESS REQUIRES THAT ALL OF THE CRITERIA SET FORTH IN SECTION I. SUBPARAGRAPHS B.1. THROUGH B 4. INCLUSIVE BE MET. SCHEDULE Crisis Response Coverage Extension Limits of Insurance Crisis Response Aggregate Limit 300000 Each Crisis Response Costs Limit 250000 Each Crisis Event Each Crisis Management Loss Limit 50000 Each Crisis Event Notwithstanding any provisions to the contrary in the policy to which this endorsement is attached subject to the Limits of Insurance as shown in the above Schedule and in accordance with the terms and conditions set forth in this endorsement the policy is extended to provide crisis response costs and crisis management loss resulting from a crisis event. SECTION 1. CRISIS RESPONSE COVERAGE EXTENSION A. We will reimburse you or pay on your behalf reasonable and necessary crisis response costs andor crisis management loss arising out of 1 bodily injury or property damage for which coverage is provided under this policy or 2 imminent injury but only with respect to a crisis event to which this insurance applies. The amount we will reimburse you or pay on your behalf for such crisis response costs andor crisis management loss is limited as described in SECTION Il CRISIS RESPONSE LIMITS OF INSURANCE. No self insured retention or deductible shall apply to this coverage extension endorsement. B. We will reimburse you or pay on your behalf crisis response costs andor crisis management loss arising out of a crisis event only if 1. The bodily injury or property damage or imminent injury takes place in the coverage territory and 2. The bodily injury or property damage or imminent injury commences to occur during the policy period and 3. Such crisis response costs andor crisis management loss did not arise out of any fact circumstance pre existing condition situation bodily injury property damage or imminent injury that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in such crisis response costs andor crisis management loss and Page 10f 4 LX8703 0511 | 2 |
4. Such crisis response costs andor crisis management loss are incurred within thirty 30 days after the commencement date of the crisis event. The end of the policy period will not cut short this thirty 30 day period. SECTION II. EXCLUSIONS The exclusions of the policy apply to this endorsement including but not limited to any exclusion which applies to workers compensation or any similar law. However the following additional exclusions applicable to this endorsement supersede any similar exclusions in the policy. This coverage extension does not apply to Newly acquired or merged entities Crisis response costs or crisis management loss resulting from bodily injury or property damage or imminent injury that occurred prior to the date you acquired or merged with any other entity. Infectious Diseases or llinesses Crisis response costs or crisis management loss arising out of infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not include food borne ilinesses or defective vaccines. SECTION lIl. CRISIS RESPONSE LIMITS OF INSURANCE A. The Schedule above and the rules below establish the most we will reimburse or pay on your behalf for crisis response costs and crisis management loss regardless of the number of Insureds crisis events or affected persons. B. The Crisis Response Aggregate Limit is the most we will reimburse or pay on your behalf for the sum of all crisis response costs and crisis management loss under this endorsement. C. Subject to Paragraph B. above the Each Crisis Response Costs Limit is the most we will reimburse or pay on your behalf for all crisis response costs arising out of any one crisis event. D. Subject to Paragraph B. above the Crisis Management Loss Limit is the most we will reimburse or pay on your behalf for all crisis management loss arising out of any one crisis event. All crisis events or all related or interrelated crisis events will be deemed to be one crisis event. SECTION IV. DEFINITIONS The definitions of the policy apply to this endorsement. However the following additional definitions applicable to this endorsement supersede any similar definitions in the policy. You and your refer to the Named Insured and we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning as follows A. Affected persons means those individuals who suffer direct bodily injury or property damage or directly experience imminent injury including such individuals immediate family members. B. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. C. Coverage territory means the United States of America including its territories and possessions Puerto Rico and Canada. If coverage for crisis response costs or crisis management loss under this endorsement is in violation of any United States of America s economic or trade sanction including but not limited to sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Page 20f 4 LX8703 0511 | 2 |
Assets Control OFAC then coverage for such crisis response costs or crisis management loss shall be and void. Crisis event means 1. An emergency situation including but not limited to a manmade disaster such as arson a bombing the taking of hostages a mass shooting terrorism if covered under the policy only intentional contamination of food drink or pharmaceuticals or the actual or alleged mishandling of a natural disaster that results in covered bodily injury property damage or imminent injury to any person and 2. Such emergency situation has been associated with or may reasonably be associated with significant adverse regional or national news media coverage. Crisis management firm means a public relations firm or crisis management firm assigned or approved by us in writing that is hired by you to perform services of the type covered under crisis management loss in connection with a crisis event. Crisis management loss means reasonable and necessary fees and expenses charged by a crisis management firm or your employees in providing public relations and media management services for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. This does not include the salaries of your employees. Crisis response costs means 1. reasonable and necessary emergency transport expenses emergency psychology expenses funeral expenses travel expenses and temporary living expenses incurred by you to provide relief andor support to affected persons and 2. expenses incurred by you to secure the scene of a crisis event. Crisis response costs shall not include defense costs or crisis management loss. Defense costs means legal fees and expenses incurred by you for legal advice or services sought in anticipation of or upon actual receipt of a claim alleging liability and seeking damages for bodily injury property damage or imminent injury. Emergency transport expenses means reasonable and necessary emergency transport expenses occurring within 24 hours after a crisis event to transport an affected person sustaining bodily injury in a crisis event to a medical treatment facility. Emergency psychology expenses means reasonable and necessary expenses for psychology or counseling services provided to affected persons and incurred within the first fourteen 14 days after a crisis event. This does not include the costs or expenses of any medications or hospitalizations. Such psychology or counseling services must be approved by the cri management firm. Imminent injury means the actual and immediate threat of bodily injury or property damage. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the crisis event that caused it. Page 3of 4 LX8703 0511 | 2 |
For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. SECTION V. CONDITIONS The general andor common conditions of the policy apply to this endorsement. However the following conditions applicable to this endorsement supersede any similar conditions in the policy to the contrary. A. Insured Duties in the Event of a Crisis Event 1. You must see to it that we are notified by telephone within twenty four 24 hours of a crisis event which may result in crisis response costs or crisis management loss. The call must be made to 877 743 7669. If necessary we will provide you with an approved crisis management firm unless we agree to accept a crisis management firm that you have selected. 2. Thereafter you must provide written notice as soon as practicable. To the extent possible this written notice should include a. How when and where the crisis event took place b. The names and addresses of any affected persons and witnesses and c. The nature and location of any injury or damage arising out of the crisis event. 3. If reimbursement is sought directly by you you must submit a claim for reimbursement of crisis response costs and crisis management loss within ninety 90 days after incurring such crisis response costs or crisis management loss. Such claims must include invoices andor receipts supporting such crisis response costs or crisis management loss for each and every expense in excess of fifty 50 dollars. 4. Written notice and claim submission as required in Paragraphs 1. and 2. of this section respectively shall be mailed or delivered to AlG Lexington clo ACPC P.0O. Box 293118 Nashville TN 37229 3118 Claim reporting information can also be found on our website www.lexingtoninsurance.com B. Anti Stacking Provision If crisis response costs andor crisis management loss provided by this coverage extension endorsement are also provided by any other insurance issued to you by us or any of our affiliated companies whether or not such costs or loss are referred to using these same terms the maximum limit of insurance under all insurance available shall not exceed the highest applicable limit of insurance available under any one policy or endorsement. This condition does not apply to any other insurance issued by us or any of our affiliated companies specifically intended to apply as excess insurance over this coverage extension endorsement. All other terms and conditions of the policy remain the same. Authorized Representative Page 4of 4 LX8703 0511 | 2 |
ENDORSEMENT 004 This endorsement effective 1201 AM 07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQs iii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index V. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List LX4268 1013 Page 10of 2 | 2 |
vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 vii. Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. 744 Authorized Representative LX4268 1013 Page 2 of 2 | 2 |
ENDORSEMENT 005 This endorsement effective 1201 AM 07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY The Policy is amended that it shall not apply to any claims or claims for liability arising our of the rendering or failure to render professional Services by or on behalf of the Insured. The word Services wherever used is this Endorsement means any service rendered or service which should have been rendered as engineers consultant insurance risk managers insurance agents and any other service rendered or service which should have be rendered in any advisory or consultancy capacity whatsoever. The Terms Declarations Insuring Agreements Definitions Exclusions and conditions of this Policy otherwise remain unchanged. e Y AL Authorized Representative OR Countersignature In states where applicable LEXDOC021 LX0404 | 2 |
ENDORSEMENT 006 This endorsement effective 1201 AM07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY FOREIGN TERRORISM EXCLUSION EXCEPT CANADA This endorsement modifies insurance provided by the policy This insurance does not apply to any loss cost damage expense injury claim or suit arising out of Terrorism that occurs in any country except Terrorism which occurs in the United States of America its territories and possessions Puerto Rico and Canada. Terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in any connection with any organization government power authority or military force when the effect is to intimidate coerce or harm 1. Agovernment 2. The civilian population of a country state or community or 3. To disrupt the economy of a country state or community. So long as the Terrorism Risk Insurance Act of 2002 the Act is in effect Terrorism includes a certified act of terrorism as defined by Section 102. Definitions of the Act and any revisions or amendments thereto. All other terms and conditions of the policy remain the same. 770M74 Authorized Representative OR Countersignature In states where applicable LX8442 0109 | 2 |
ENDORSEMENT 007 This endorsement effective 1201 AM07012016 Forms a part of policy no. 035417902 Issued to CHEVRON LUMMUS GLOBAL LLC By LEXINGTON INSURANCE COMPANY TERRORISM PREMIUM CHARGE ENDORSEMENT The Terrorism charge is 250 and is included in the Policy Premium shown on the Declarations Page of this policy. DEFINITION The following definition of terrorism shall apply Terrorism means the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in any connection with any organization government power authority or military force when the effect is to intimidate coerce or harm 1 A government 2 The civilian population of a country state or community or 3 To disrupt the economy of a country state or community. So long as the Terrorism Risk Insurance Act of 2002 the Act is in effect Terrorism includes a certified act of terrorism defined by Section 102. Definitions of the Act and any revisions or amendments thereto. All other terms and conditions of the policy are the same. kkmf L B Authorized Representative OR Countersignature In states where applicable LX9827 0105 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY PRIOR POLICY 4D7 09 38 GENERAL LIABILTITY DECLARATIONS POLICY PERIOD FROM 040914 TO 040915 POLICY NUMBER 4D7 09 3 8 15 NAMED INSURED PRODUCER ELK RIDGE HOMEOWNERS LOCKTON COMPANIES LLC ASSOCIATION 1015 N 98TH ST STE 101 C0 DIAL COMPANIES OMAHA NE 68114 2357 11506 NICHOLAS ST STE 100 OMAHA NE 68154 4421 AGENT AB 8210 AGENT PHONE 402 970 6100 AGENCY BILL JACK H. STRUYK JR INSURED IS CORPORATION BUSINESS DESC HOMEOWNERS ASSOCIATION LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 5000 ANY ONE PERSON PERSONAL AND ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 COVERAGES PROVIDETD PREMIUM SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. FORMS APPLICABLE CG00010413 CG20110413 CG20171093 CG21471207 G21500413 CG21671204 CG21700108 CG21760108 CG7001A1012 CG70031013 CG71910113 CG75841008 CG76440209 CG80810406 CG82541213 IL00210502 110259 0907 IL70281005 IL7131A0401 IL8383.50108 IL8384A0108 IL85760909 DATE OF ISSUE 050614 BPP FORM CG7000A ED. 08 99 BPP 031114 003 B8 4D70938 1501 GENERAL LIABILTITY D E POLICY PERIOD FROM 040914 TO 040915 ASSOCIATION 1015 N 98TH ST STE 101 C0 DIAL COMPANIES OMAHA NE 68114 2357 11506 NICHOLAS ST STE 100 OMAHA NE 68154 4421 AGENT AB 8210 AGENT PHONE 402 970 6100 EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT 1000 00 100 00 500 1000 00 TOTAL ESTIMATED POLICY PREMIUM 585.00 CG21500413 CG21671204 CG21700108 CG21760108 CG7001A1012 CG70031013 CG71910113 CG75841008 CG76440209 CGB0810406 CG82541213 IL00210502 IL02590907 IL70281005 IL7131A0401 IL8383.50108 ILB384A0108 IL85760909 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D7 09 38 15 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 040915 GENERATL L Cc ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CG0001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG2011 04 13 AI MANAGERS OR LESSORS OF PREMISES NAME DIAL REALTY CORP. CG2017 10 93 AI TOWNHOUSE ASSOCIATIONS CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2150 04 13 AMENDMENT LIQUOR LIABILITY EXCLUSION CG2167 12 04 FUNGI OR BACTERIA EXCLUSION CG2170 01 08 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 08 EXCL PUNITIVE DMGS ACTS OF TERRORISM CG7001A 10 12 GENERAL LIABILITY SCHEDULE CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7191 01 13 COMML GENERAL LIABILITY AMENDMENT CG7584 10 08 MOBILE EQUIPMENT AUTO AMENDMENT CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION CG8081 04 06 FUNGI BACTERIA NOTICE TO POLICYHOLDR CG8254 12 13 ADVISORY NOTICE TO POLICYHOLDERS IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL7028 10 05 ASBESTOS EXCLUSION IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 s 4 PREMIUM BEYOND 123114 1 IL8384A 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER DATE OF ISSUE 050614 FORM IL7131A ED. 04 01 BPP 003 B8 4D70938 1501 EDITION CG2017 CG2147 CG2150 CG2167 CG2170 CG2176 CG7001A CG7003 CG7191 CG7584 CG7644 CG8081 CG8254 IL0021 IL0259 IL7028 IL7131A IL8383.5 IL8384A IL8576 04 13 10 93 12 07 04 13 12 04 01 08 01 08 10 12 10 13 01 13 10 08 02 09 04 06 12 13 05 02 09 07 10 05 04 01 01 08 01 08 09 09 AI MANAGERS OR LESSORS OF PREMISES NAME DIAL REALTY CORP. AI TOWNHOUSE ASSOCIATIONS EXCL EMPLOYMENT RELATED PRACTICES AMENDMENT LIQUOR LIABILITY EXCLUSION FUNGI OR BACTERIA EXCLUSION CAP LOSSES FROM CERT ACTS TERRORISM EXCL PUNITIVE DMGS ACTS OF TERRORISM GENERAL LIABILITY SCHEDULE GL QUICK REFERENCE OCCURRENCE COMML GENERAL LIABILITY AMENDMENT MOBILE EQUIPMENT AUTO AMENDMENT CONTRACTORS OCCURRENCE DEFINITION FUNGI BACTERIA NOTICE TO POLICYHOLDR ADVISORY NOTICE TO POLICYHOLDERS NUCLEAR ENERGY LIAB EXCL BROAD FORM NE CHANGES CANCELLATION NONRENEWAL ASBESTOS EXCLUSION COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE MEDICARE IMPT NOTICE TO POLICYHOLDER wa | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D7 09 38 15 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 040915 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 050614 FORM IL8384A 01 08 BPP 003 B8 4D70938 1501 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 0409 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D7 09 38 15 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 040915 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDUTLE Terrorism Premium Certified Acts A. Premium through end of year 123114 4.00 B. Premium beyond the date specified above 1.00 Refer to paragraph D. below A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under that Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program 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 the Treasury. D. PREMIUM BEYOND THE YEAR SPECIFIED IN THE SCHEDULE ABOVE The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the Schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the Schedule shall be attributable to coverage for terrorism acts certified under the act. If the Federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B of the schedule shall be attributable to that coverage for terrorism. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 050614 continued FORM IL8383.5 01 08 BPP 003 B8 4D70938 1501 This disclo disclosure This disclo and conditi T E Terrorism A. Prem B. Prem Ref A. DISCLOSUI In accor required your pre certifie to such the poli B. DISCLOSU The Unit a share federal insured However certifie in a Pro not make that exc C. CAP ON II If aggre under th Program insurer not be 1 losses tl up to th with pro D. PREMIUM I The prem based in losses a federal the end unless e is exten attribut. If the Fo coverage the cove attribut. o your policy in response to the le Terrorism Risk Insurance Act. 1 t any coverage or change the terms je under the policy. d Acts year 123114 4.00 specified above 1.00 below jeral Terrorism Risk Insurance Act we are th a notice disclosing the portion of ibutable to coverage for terrorism acts The portion of your premium attributable in the schedule of this disclosure or in ICIPATION IN PAYMENT OF TERRORISM LOSSES nt Department of the Treasury will pay s insured under the federal program. The f that portion of the amount of such is the applicable insurer retention. ired losses attributable to terrorist acts IN PAYMENT OF TERRORISM LOSSES attributable to terrorist acts certified surance Act exceed 100 billion in a ugh December 31 and we have met our. Terrorism Risk Insurance Act we shall 1 t of any portion of the amount of such lion and in such case insured losses t to pro rata allocation in accordance by the Secretary of the Treasury. IFIED IN THE SCHEDULE ABOVE ts of terrorism coverage is calculated participation in payment of terrorism ferrorism Risk Insurance Act. The by the Act is scheduled to terminate at d in the Schedule of this endorsement al government. If the federal program wn in B in the Schedule shall be terrorism acts certified under the act. nates your policy will still contain sm unless you have elected to exclude shown in B of the schedule shall be je for terrorism. | 2 |
A EMC Insurance Companies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 4D7 09 38 15 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 040915 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 050614 FORM IL8383.5 01 08 BPP 003 B8 4D70938 1501 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D7 09 38 ELK RIDGE HOMEOWNERS EFF DATE 040914 EXP DATE 040915 GENERAL LIABILITY SCHEDUTLE PRODUCTS COMPL OPS ALL OTHER CODE NO.EXPOSURE CLASSIFICATION RATE ADVANCE PREM RATE ADVANCE PREM LOCATION 001 68500 8.275s 530 TOWNHOUSES OR SIMILAR ASSOCIATIONS ASSOCIATION RISK ONLY 4 PREMIUM BASIS EACH UNIT EXPOSURE 64 SUBLINE 334 ADDITIONAL INTEREST 1 334 50 DIAL REALTY CORP. MANAGERS OR LESSORS OF PREMISES CG2011 87830 0 CONTRACTORS OCCURRENCE DEFINITION PREMIUM BASIS FLAT CHARG EXPOSURE 1 SUBLINE 334 PREMIUM FOR CERTIFIED ACTS OF TERRORISM 5.00 TOTAL ESTIMATED POLICY PREMIUM 585.00 1 OTHER THAN NOT FOR PROFIT 2 NOT FOR PROFIT 3 INCLUDING PRODUCTS AND OR COMPLETED OPERATIONS UNLESS OTHERWISE EXCLUDED 4 PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 5 A 250 PD DEDUCTIBLE PER CLAIM APPLIES TO CUSTOMERS AUTOS UNLESS OTHERWISE DESIGNATED BY THIS CLASSIFICATION CODE 6 FOR SPRAY PAINTING OPERATIONS A PD DEDUCTIBLE OF 250 PER CLAIM APPLIES UNLESS A HIGHER DEDUCTIBLE IS OTHERWISE DESIGNATED FOR THIS CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 N 192ND ST AT BLONDO ST ELKHORN NE 68022 DATE OF ISSUE 050614 BPP FORM CG7001A ED.10 12 BPP 031114 003 B8 4D70938 1501 IS 64 334 TEREST 1 334 CLASSIFICATION CODE LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED RATED LOCATIONS LOC 001 N 192ND ST AT BLONDO ST ELKHORN NE 68022 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NO 4D7 09 38 ELK RIDGE HOMEOWNERS TRANSACTION RENEWAL01 PRIOR POL 4D7 09 38 TRANSACTION INFORMATION POLICY TERM 04092014 TO 04092015 TRANS DATE 04092014 ACCOUNT NAME ELK RIDGE HOMEOWNERS CO BR AGENT A B8210 ACCOUNT MAILING STATE NE PROGRAM FINANCING N BILLING METHOD A AUDIT FREQUENCY N PROFIT SHARE Y SIC 8641 ACCOUNT ORIGINAL EFF DATE 04092009 TYPE OF POLICY MONOLINE 10 TRANS PREMIUM 585.00 POLICY ID BA COMMISSION 15.0 PREMIUM 585.00 DATE OF ISSUE 050614 BPP STAT GL BPP 031114 003 B8 4D70938 1501 LK RIDGE HOMEOWNERS TRANSACTION INFORMATIOI RIOR POL 4D7 09 38 IS DATE 04092014 SR AGENT A B8210 SRAM ING METHOD A IT SHARE Y POLICY TERM 04092014 TO 04092015 ACCOUNT NAME ELK RIDGE HOMEOWNERS ACCOUNT MAILING STATE NE FINANCING N AUDIT FREQUENCY N SIC 8641 ACCOUNT ORIGINAL EFF DATE 04092009 POLICY ID BA COMMISSION 15.0 1IUM | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 3 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 0f 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by orfor i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed wunder any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operaton of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract o. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You Name Of Persons Or Organizations Additional Insured Additional Premium Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20110413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG20171093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED TOWNHOUSE ASSOCIATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED Section Il is amended to include each individual townhouse owner but only with respect to liability as a member of the townhouse association and not with respect to any liability arising out of the owner ship maintenance use or repair of the real property to which the owner has title. CG 20171093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21500413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE PART The following replaces Exclusion c. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises The furnishing of 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 even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or 2 3 This endorsement modifies insurance provided under the following b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity or 4 Permit any person to bring any alcoholic beverages on your premises for consumption on your premises. b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity or 4 Permit any person to bring any alcoholic beverages on your premises for consumption on your premises. CG 21500413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance 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 ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21700108 ISO Properties Inc. 2007 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added 2. The act is a violent act or an act that is dan i. gerous to human life property or infrastructure This insurance does not apply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 2176 0108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments..................... SECTION Il WHO ISAN INSURED............ SECTION Il LIMITS OF INSURANCE................ it Insuring Agreement. Exclusions Insuring Agreement.............. Exclusions Insuring Agreement. Exclusions SECTION IV COMMERCIAL GENERAL LIABILITYCONDITIONS........................... Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance.. Premium Audit. Representations Separation Of Insureds..................... Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew... SECTIONV DEFINITIONS.................. COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the coverage part apply unless modified by endorsement. A. NEWLY FORMED OR ACQUIRED E. FIRE LIGHTNING OR EXPLOSION DAMAGE ORGANIZATIONS 1. In paragraph 3.a. of Section Il Who is an Insured 90th Day is changed to 180th day. 2. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. B. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended by adding the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following 1.b. Up to 3000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 350 a day because of time off from work.. MEDICAL PAYMENTS If Section Coverage C Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years. The word fire is changed to fire lightning or explosion wherever it appears in the Coverage Form. This amended wording does not apply to hostile fire. Under Section I Coverage A the last paragraph after the exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire lightning explosion smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll Limits of Insurance. NON OWNED WATERCRAFT Paragraph g.2 of Section Coverage A Exclusions is changed to read 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge. PROPERTY DAMAGE ELEVATORS With respect to Section Coverage A Exclusions paragraphs j.3 j.4 j.6 and k. do not apply to the use of elevators. The insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and the Other Insurance Condition is changed accordingly.. MENTAL ANGUISH Section V Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. CGT1911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f2 | 2 |
DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Condition paragraph 2. is amended by the following provision 1. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Condition paragraph 6. is amended to add the following provision If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG71911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 2 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT AUTO AMENDMENT COMMERCIAL GENERAL LIABILITY COVERAGE FORM. Exclusion g. of Section Coverage A Bodily Injury and Property Damage Liability is replaced by the following g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph.2 or f.3 of the definition of mobile equipment. B. SECTION Il WHO IS AN INSURED is amended to add the following as Paragraph 4. 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the CGT58410 08 This endorsement modifies insurance provided under the following operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. C. Paragraph 2. of SECTION V DEFINITIONS is replaced by the following 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Paragraph 12. of SECTION V DEFINITIONS is replaced by the following 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment. a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in 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 Page 10f2 operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. C. Paragraph 2. of SECTION V DEFINITIONS is replaced by the following 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. D. Paragraph 12. of SECTION V DEFINITIONS is replaced by the following 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment. a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in 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 Page 10f2 | 2 |
2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. E. Paragraph 4. of Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following Any coverage afforded to you under this Coverage Form will be excess over any other valid and collectible Automobile insurance purchased by you for mobile equipment whether that coverage is excess contingent or on any other basis and any other valid and collectible umbrella liability insurance purchased by you. CG758410 08 Page 20f 2 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY FUNGI OR BACTERIA EXCLUSION NOTICE TO POLICYHOLDERS RESTRICTIONS AND CLARIFICATIONS OF COVERAGE NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY ALL ATTACHED ENDORSEMENTS AND THE DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGE YOU ARE PROVIDED. IF THERE IS ANY CONFLICT BETWEEN THE POLICY AND THIS NOTICE THE PROVISIONS OF THE POLICY SHALL PREVAIL. THIS NOTICE HAS BEEN PREPARED IN CONJUNCTION WITH THE IMPLEMENTATION OF CHANGES TO YOUR POLICY. THIS NOTICE PROVIDES INFORMATION CONCERNING FUNGI OR BACTERIA EXCLUSIONS AND YOUR POLICY. PLEASE READ THIS NOTICE CAREFULLY. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CG2167 Fungi or Bacteria Exclusion Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. coverage is clarified to exclude personal and advertising injury or personal injury or advertising injury if defined as such in your policy arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. CG3131 Fungi or Bacteria Exclusion Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is restricted to exclude bodily injury or property damage arising directly or indirectly out of any fungi including but not limited to mold or bacteria on or in a building or structure. This exclusion applies whether or not any other cause event material or product contributed in any sequence to the injury or damage. coverage is restricted to exclude clean up costs associated with fungi or bacteria. The exclusion does not apply to fungi or bacteria intended for bodily consumption such as mushrooms. G081 4 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY 20122013 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THIS POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 00010413 AND CG 00020413 I. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damag es because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. Il. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. lll. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 14 | 2 |
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.l Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 0033 04 13 AND CG 0034 04 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. RAILROAD PROTECTIVE LIABILITY COVERAGE FORM CG 00350413 EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 00 37 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 14 Page 2 of 14 | 2 |
3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 0040 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A. BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial respon sibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. ISO MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. 2. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured. 3. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations. 4. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. Additional Insured Users of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. 2. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consump tion on the named insured s premises CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Cover age Form CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Form e CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Form e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Form CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 3 of 14 Page 3 of 14 | 2 |
Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicate that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less e CG 20 03 Additional Insured Concessionaires Trading Under Your Name CG 20 05 Additional Insured Controlling Interest e CG 20 07 Additional Insured Engineers Architects Or Surveyors e CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG 20 11 Additional Insured Managers Or Lessees Of Premises e CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations e CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises e CG 20 15 Additional Insured Vendors CG 20 18 Additional Insured Mortgagee Assignee Or Receiver e CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased CG 20 26 Additional Insured Designated Person Or Organization e CG 20 27 Additional Insured Co owner Of Insured Premises CG 20 28 Additional Insured Lessor Of Leased Equipment e CG 20 29 Additional Insured Grantor Of Franchise e CG 20 30 Oil Or Gas Operations Nonoperating Working Interests e CG 20 31 Additional Insured Engineers Architects Or Surveyors CG 20 32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured e CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor e CG 20 36 Additional Insured Grantor Of Licenses e CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 14 | 2 |
4. Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured e CG 2116 Exclusion Designated Professional Services CG 21 52 Exclusion Financial Services CG 21 56 Exclusion Funeral Services e CG 21 57 Exclusion Counseling Services CG 21 58 Exclusion Professional Veterinarian Services e CG 2159 Exclusion Diagnostic Testing Laboratories e CG 22 24 Exclusion Inspection Appraisal And Survey Companies CG 22 32 Exclusion Professional Services Blood Banks e CG 22 33 Exclusion Testing Or Consulting Errors And Omissions e CG 22 34 Exclusion Construction Management Errors And Omissions e CG 22 36 Exclusion Products And Professional Services Druggists e CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments e CG 22 39 Exclusion Camps Or Campgrounds e CG 2243 Exclusion Engineers Architects or Surveyors Professional Liability e CG 22 44 Exclusion Services Furnished By Health Care Providers e CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services e CG 2248 Exclusion Insurance And Related Operations e CG 2269 Druggists e CG 2271 Colleges Or Schools Limited Form CG 2272 Colleges Or Schools e CG 2275 Professional Liability Exclusion Computer Software e CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities e CG 22 77 Professional Liability Exclusion Computer Data Processing e CG 2279 Exclusion Contractors Professional Liability e CG 2280 Limited Exclusion Contractors Professional Liability e CG 22 87 Exclusion Adult Day Care Centers CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services e CG 2290 Professional Liability Exclusion Spas or Personal Enhancement Facilities e CG 2291 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions e CG 2296 Limited Exclusion Personal And Advertising Injury Lawyers CG 2298 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions e CG 2299 Professional Liability Exclusion Web Site Designers e CG 2301 Exclusion Real Estate Agents Or Brokers Errors Or Omissions e CG 3115 Construction Project Management Protective Liability Coverage 5. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft. 6. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel. 7. Pesticide Or Herbicide Applicator Coverage Endorsement CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Pesticide Or Herbicide Applicator Limited Pollution Coverage and Lawn Care Services Limited Pollution Coverage. 8. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 5 of 14 CG825412 13 Page 5 of 14 | 2 |
9. Colleges Or Schools Endorsement CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. 10. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Form and the Railroad Protective Liability Coverage Form. 11. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. 12. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. 13. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. 14. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion 2.c.1ei. 15. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide to transportation with respect to any person that may be under the influence of alcohol e CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Form CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Form CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Form e CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Form ISO STATE SPECIFIC ENDORSEMENTS A. REDUCTION OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following state specific endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises. e CG2601 Washington Changes Amendment Of Liquor Liability Exclusion e CG2602 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities e CG2962 Washington Changes Amendment Of Liquor Liability Exclusion e CG2963 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities B. OTHER CHANGES 1. Connecticut Employee Benefits Liability Coverage CG2721 is revised with respects to an insured s right to claim information per Conn. Gen. Stat. 38a326. Claims information will now be provided no later than 30 days after receipt of a written request from the First Named Insured or the First Named Insured s agent. 2. Limited Product Withdrawal Expense Endorsements Revised The following state specific endorsements are amended as follows The reference to to effect settlement of any claim or suit in Paragraph B.3.a. is deleted since the Insuring Agreement of the endorsement addresses coverage for product withdrawal expense not claims or suits. Paragraph B.3.b. is also revised to reinforce that the Participation Percentage is indicated in the Schedule of the endorsement rather than the Declarations. Reference to loss is revised to explicitly refer to each product withdrawal. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 14 | 2 |
Several editorial changes are made to remove the Limits of Insurance from the Schedule and to conform to ISO Uniformity Standards. e CG0470 Missouri Limited Product Withdrawal Expense Endorsement CG0449 Texas Changes Limited Product Withdrawal Expense Endorsement Limited Product Withdrawal Expense Endorsements New The following state specific endorsements are new and are replacing multistate endorsement Limited Product Withdrawal Expense CG0436. They include the same changes as stated above under 1SO MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 1. e CG0462 Arkansas Limited Product Withdrawal Expense Endorsement e CG2727 Kansas Limited Product Withdrawal Expense Endorsement In addition CG0462 is different from CG0436 in that it includes a definition of punitive damages as required by Ark. Code. Ann. 23 79 307. CG2727 is different from CG0436 in that it includes a Concealment and Fraud provision that more closely reflects the definition of a fraudulent insurance act in Kan. Stat. Ann. 40 2 118a. Arkansas Changes Punitive Damages CG3147 is a new mandatory endorsement and includes a definition of punitive damages as required by Ark. Code Ann. 23 79 307. Missouri Changes Medical Payments CG2650 has several editorial changes made to reletter paragraphs within the endorsement and to conform with ISO Uniformity Standards. Liquor Liability Exclusion Endorsements The following state specific endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CG2601 Washington Changes Amendment Of Liquor Liability Exclusion CG2602 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities e CG2962 Washington Changes Amendment Of Liquor Liability Exclusion e CG2963 Washington Changes Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities The following state specific endorsement is new and may replace multistate endorsement Liquor Liability Exclusion Exception for Scheduled Activities Endorsement CG2151 on your policy. This exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol e CG2129 New Hampshire Amendment Of Liquor Liability Exclusion Exception For Scheduled Activities Pesticide or Herbicide Applicator Endorsements The following state specific endorsements are revised to reflect a change in titles to include Limited Pollution. This is being done to better reflect the coverage provided by the endorsement. CGO0157 North Carolina Changes Pesticide Applicator And Dealer Limited Pollution Coverage CG2687 Ohio Pesticide Applicator Limited Pollution Coverage CG2616 Pennsylvania Changes Pesticide Applicator Limited Pollution Coverage CGO0156 Texas Changes Pesticide Or Herbicide Applicator Limited Pollution Coverage Amendment of Insured Contract Definition Endorsements Amendment of Insured Contract Definition Endorsement CG2426 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent the assumption of the tort liability is permitted by law. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Due to this revision state specific endorsements are no longer necessary. The following endorsements are being withdrawn and CG2426 is filed in their place. e CG3224 Colorado Changes Amendment Of Insured Contract Definition e CG3133 lowa Changes Amendment Of Insured Contract Definition e CG3260 Oregon Changes Amendment Of Insured Contract Definition e CG3390 Texas Changes Amendment Of Insured Contract Definition CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 of 14 | 2 |
9. Limited Contractual Liability Railroads Endorsements Limited Contractual Liability Railroads Endorsement CG2427 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent the assumption of the tort liability is permitted by law. Due to this revision state specific endorsements are no longer necessary. The following endorsements are being withdrawn and CG2427 is filed in their place. e CG3154 lowa Changes Limited Contractual Liability Railroads e CG3265 Oregon Limited Contractual Liability Railroads 10. Vermont Changes Pollution CG0154 is revised to amend the Aircraft Auto or Watercraft exclusion in the Commercial General Liability Coverage Form to delete reference to in the state when referring to where a vehicle is principally garaged. 11. Oklahoma Changes Additional Insured Engineers Or Architects CG0158 is revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. Finally it is revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. 12. Additional Insured Endorsements The following state specific additional insured endorsements will be withdrawn and replaced by an equivalent multistate additional insured endorsement. State specific additional insured endorsements are no longer needed due to changes that have been made to the multistate additional insured endorsements. They have been revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the Limits of Insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. e CG3293 California Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG3294 California Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3295 California Additional Insured Owners Lessees Or Contractors Completed Operations e CG3225 Colorado Additional Insured Engineers Architects Or Surveyors e CG3226 Colorado Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured e CG3227 Colorado Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3228 Colorado Additional Insured Owners Lessees Or Contractors Completed Operations e CG3229 Colorado Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG3276 Kansas Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization e CG3277 Kansas Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3278 Kansas Additional Insured Owners Lessees Or Contractors Completed Operations e CG3279 Kansas Additional Insured Vendors e CG3280 Kansas Additional Insured Grantor Of Franchisee CG3281 Kansas Additional Insured Engineers Architects Or Surveyors CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 8 of 14 | 2 |
CG3282 Kansas Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3283 Kansas Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG3284 Kansas Additional Insured Lessor Of Leased Equipment CG3286 Montana Additional Insured Engineers Architects Or Surveyors CG3287 Montana Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3288 Montana Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3289 Montana Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3290 Montana Additional Insured Owners Lessees Or Contractors Completed Operations CG3204 New Mexico Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3205 New Mexico Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3212 New Mexico Additional Insured Owners Lessees Or Contractors Completed Operations CG3261 Oregon Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization CG3262 Oregon Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3263 Oregon Additional Insured Owners Lessees Or Contractors Completed Operations CG3391 Texas Additional Insured Engineers Architects Or Surveyors CG3392 Texas Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named Insured CG3393 Texas Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CG3394 Texas Additional Insured Owners Lessees Or Contractors Completed Operations CG3395 Texas Additional Insured Owners Lessees Or Contractors Scheduled Person or Organiza tion CG3396 Texas Additional Insured Lessor Of Leased Equipment CG3397 Texas Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You EMC MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE Water Well Drillers Limited Pollution Coverage Work Site CG7658 is revised to introduce an exception to the Electronic Data Exclusion to provide that the exclusion does not apply to liability for damages because of bodily injury. B. REDUCTION OF COVERAGE Exclusion Lead CG7185 replaces CG7194. They are basically the same however CG7185 may be viewed as a slightly broader exclusion. C. OTHER CHANGES 1. Endorsement CG7103 is amended to correct the name and address of the government entity where cancellation information should be sent. Emergency Medical Services CG7110.1 is amended to change the current defined term certified employees and volunteers to a defined phrase certified employees or volunteers. Trampoline Exclusion CG7114.1 is amended to correct a typographical error. We are changing Section 1 to Section I. Pollution Exclusion Amendment CG7144 is amended to enhance the readability of the endorsement. We are adding a colon and inserting a iv to indicate that a new paragraph is being added to the Pollution Exclusion f within the Commercial General Liability Coverage Form. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 9 of 14 | 2 |
10. 1. 12 Total Pollution Exclusion Endorsement With A Building Heating. Cooling And Dehumidifying Equipment Exception A Hostile Fire Exception And A Limited Mobile Equipment Exception CG7171 is amended by the addition of quotation marks around the word suit as this is a defined term under the Commercial General Liability Coverage Form. Broad Form Products Coverage CG7176 is amended by the addition of quotation marks around the phrase your product as this is a defined phrase under the Commercial General Liability Coverage Form. We are also correcting grammatical errors. Exclusion Lead CG7185 is revised and the format now more closely tracks with language that ISO uses for many similar exclusions such as Silica. Although the language is changing the underwriting intent is not and it is neither a reduction nor broadening of coverage. Also in Oklahoma this endorsement replaces CG7185.1. They are the same form except CG7185.1 has a signature line while CG7185 does not. Community Colleges Liability CG7514 is revised by replacing the insured with any insured. This only applies to the second paragraph of Exclusion g. within this endorsement. Although this is a clarification of underwriting intent it may be viewed as a reduction in coverage. Continuous and Progressive Injury or Damage Endorsements We are revising the following endorsements to remove the reference to Exclusion q. as the Commercial General Liability Coverage Form already has another exclusion designated as q. We will leave this exclusion without a letter in order to avoid future confusion when I1SO adds new exclusions to this coverage form. CG7515 Continuous of Progressive Injury or Damage Exclusion e CG7515.1 Continuous or Progressive Injury or Damage Exclusion Continuous Or Progressive Injury Or Damage Exclusion CG7515.2 is revised to remove the reference to Exclusion q. as the Commercial General Liability Coverage From already has another exclusion designated as q. We will leave this exclusion without a letter in order to avoid future confusion when I1SO adds new exclusions to this coverage form. Amendment of Liquor Liability Exclusion CG7456 is revised to state that even if the claims against any insured allege the negligence or other wrongdoing in the Supervision hiring employment training or monitoring of others or Providing or failing to provide transportation with respect to any person that may be under the influ ence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraphs 1 2 and 3 of this exclusion. This is a clarification of coverage. However this change may result in a reduction in coverage in states where courts have ruled that the liquor liability exclusion is inappli cable for liquor related claims alleging an insured s negligent supervision of employees handling alcohol failure to detain an intoxicated person or failure to provide transportation. Professional Services Exclusion Wording To reinforce the Professional Services exclusion within the following endorsements we are enhancing the exclusion to expressly address in part claims alleging negligence or other wrongdoing in the hiring em ployment training or supervision or monitoring of others by any insured. This is a reinforcement of coverage intent. However this change may result in a reduction in coverage in states where courts have ruled profes sional services exclusions to be inapplicable to negligent supervision claims and other similar types of claims. CG7491 Health Care Extension CG7498 Exclusion Services Furnished By Health Care Providers With An Exception For Emer gency Medical Services e CG7514 Community Colleges Liability e CG7519 Exclusion Designated Professional Services e CG7520 Exclusion Designated Professional Services e CG7521 Exclusion Designated Professional Services e CG7649 Additional Insured Engineers Architects Surveyors Not Engaged By You Automatic Status When Required In A Written Contract Or Agreement With You Primary And Noncontributory e CG7560 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In A Written Construction Contract Primary And Noncontributory CG7661 Emergency Medical Services Personnel CG7662 Emergency Medical Services Personnel CG7680 Manufacturer s Errors Or Omissions CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10 of 14 Page 10 of 14 | 2 |
13. 14. 15. 16. 17. 18. 19. 20. 21. 22 CG7680.1 Manufacturer s Errors Or Omissions CG7680.2 Manufacturer s Errors Or Omissions CG7680.3 Manufacturer s Errors Or Omissions CG7680.4 Manufacturer s Errors Or Omissions CG7680.5 Manufacturer s Errors Or Omissions CG7680.6 Manufacturer s Errors Or Omissions CG7680.7 Manufacturer s Errors Or Omissions CG7680.8 Manufacturer s Errors Or Omissions Amendment Insured Contract Definition CG7504 is revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party but only to the extent that assumption of the tort liability is permitted by law. This is in response to the growing number of states enacting anti indemnification laws. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Exclusion Designated Work Endorsement CG7522.2 is replaced by CG7522. They are the same form except CG7522.2 has a signature line while CG7522 does not. Exclusion Designated Work Endorsement CG7522.3 is replaced by CG7522.1 does not. They are the same form except CG7522.3 has a signature line while CG7522.1 does not. Blanket Waiver Of Subrogation When Required In A Contract Or Agreement CG7555 is revised to state that this change is in addition to the policy language rather than in place of. Wholesalers Industry Extension Endorsement CG7576 and Manufacturers Industry Extension Endorsement CG7577 are revised to delete phrase to effect settlement of any claim or suit from Paragraph B.3.a. because the Insuring Agreement of the endorsements address coverage for products withdrawal expense not claims or suits. In additional Paragraph B.3.b. is revised to reinforce that the Participation Percentage is indicated in the Schedule of the endorsement rather than the Declarations. Additionally reference to loss is revised to explicitly refer to each product withdrawal and several editorial changes are made to remove the Limits of Insurance from the Schedule and to conform to ISO Uniformity Standards. Municipal And or Volunteer Fire Department Liability Endorsement CG7636 is amended by the addition of quotation marks around the word occurrence as this is a defined term under the Commercial General Liability Coverage Form. Municipal Liability Endorsement CG7640 is amended by the addition of quotation marks around the word occurrence as this is a defined term under the Commercial General Liability Coverage Form. Exclusion Injury Arising From A Non Owned Animal CG7672 is revised by replacing medical payments with medical expenses. Medical payments is not a defined term under the Commercial General Liability Coverage Form. Lead Liability Limited Coverage IL7092 is amended by the addition of quotation marks around the word suit as this is a defined term under the Commercial General Liability Coverage Form. Additional Insured Endorsements without Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will only be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7120 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Prod ucts Or Materials e CG7193 Additional Insured Owners Lessees Or Contractors Including Completed Operations e CG7571 Additional Insured Owners Lessees Or Contractors Completed Operations CG7582 Additional Insured Vendors Automatic Status When Required In A Written Contract Or Agreement CG7585 Additional Insured Consolidated Wrap Up Insurance Program While Away From The Wrap Up Location CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 11 of 14 Page 11 of 14 | 2 |
23. Additional Insured Endorsements with Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. We are replacing the current Primary and Noncontributory wording with the new wording that 1SO is introducing with endorsement Primary and Noncontributory Other Insurance Condition CG2001. The only difference is that ISO s wording requires that the additional insured be a named insured on another insur ance policy available to them and that a written contract or agreement has been entered into by the insured stating that the insured s policy will be primary and will not seek contribution from any other insurance available to the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CG7120.1 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Prod ucts Or Materials Primary And Noncontributory e CG7174 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Contract Or Agreement Primary And Noncontributory e CG7174.3 Additional Insured Owners Lessees Or Contractors Automatic Status When Re quired In Construction Contract Or Agreement Including Completed Operations Primary And Noncontributory e CG7184 Additional Insured Managers Or Lessors Of Premises Automatic Status When Re quired In Written Contract Or Agreement Primary And Noncontributory CG7193.1 Additional Insured Owners Lessees Or Contractors Including Completed Operations Primary And Noncontributory e CGT7411 Additional Insured Persons Or Organizations Automatic Status When Required In Written Contract Or Agreement Primary And Noncontributory e CG7477 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organiza tion Primary And Noncontributory e CG7477.2 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organi zation Primary And Noncontributory e CG7478 Additional Insured Managers Or Lessors Of Premises Primary And Noncontributory e CG7482 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Written Construction Contract Or Agreement Vicarious Liability Primary And Noncontributory e CG7593 Additional Insured Owners Or Other Interests From Whom Land Has Been Leased Primary And Noncontributory CG7649 Additional Insured Architects Engineers Or Surveyors Not Engaged By You Automat ic Status When Required In A Written Contract With You Primary And Noncontributory e CG7650 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In A Written Construction Contract Primary And Noncontributory 24. Additional Insured Vicarious Liability Endorsements without Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law or to the extent of the named insured s vicarious liability whichever is less. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 12 of 14 | 2 |
e CG7480 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organiza tion Vicarious Liability e CG7483 Additional Insured Owners Lessees Or Contractors Including Completed Operations Vicarious Laibility e CG7501 Additional Insured Designated Person Or Organization Vicarious Liability CG7544 Additional Insured Designated Person Or Organization Vicarious Liability CG7559 Additional Insured Managers Or Lessors Of Premises Vicarious Liability e CG7560 Additional Insured Schedule Person Or Organization Pick Up Or Delivery Of Products Or Materials Vicarious Liability 25. Additional Insured Vicarious Liability Endorsements with Primary and Noncontributory Wording The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law or to the extent of the named insured s vicarious liability whichever is less. Additionally if coverage provided to the additional insured is required in a contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This is a clarification of underwriting intent although some may view it as a reduction in coverage. We are replacing the current Primary and Noncontributory wording with the new wording that ISO is introducing with endorsement Primary and Noncontributory Other Insurance Condition CG2001. The only difference is that ISO s wording requires that the additional insured be a named insured on another insur ance policy available to them and that a written contract or agreement has been entered into by the insured stating that the insured s policy will be primary and will not seek contribution from any other insurance available to the additional insured. This is a clarification of underwriting intent although available to the additional insured. This is a clarification of underwriting intent although some may view it as a reduction in coverage. e CGT7479 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organiza tion Vicarious Liability Primary And Noncontributory e CG7482.3 Additional Insured Owners Lessees Or Contractors Automatic Status When Re quired In Written Construction Contractor Or Agreement Including Completed Operations Vicarious Liability Primary And Noncontributory e CGT7483.1 Additional Insured Owners Lessees Or Contractors Including Completed Operations Vicarious Liability Primary And Noncontributory e CG7501.1 Additional Insured Designated Person Or Organization Vicarious Liability Primary And Noncontributory CG7559.1 Additional Insured Managers Or Lessees Of Premises Vicarious Liability Primary And Noncontributory e CG7560.1 Additional Insured Scheduled Person Or Organization Pick Up Or Delivery Of Prod ucts Or Materials Vicarious Liability Primary And Noncontributory EMC STATE SPECIFIC ENDORSEMENTS A. OTHER CHANGES 1. Extension of Who Is An Insured Kansas Schools and Community Colleges CG7311 is amended to correct punctuation errors. Pollution Exclusions The following pollution exclusions are amended to add quotation marks around the word suit as this is a defined term within the Commercial General Liability Coverage Form. CG7401 lowa Total Pollution Exclusion Endorsement e CG7402 lowa Total Pollution Exclusion With A Hostile Fire Exception Wholesalers Industry Extension and Manufacturers Industry Extension Endorsements The following state specific endorsements are new and are replacing Wholesalers Industry Extension Endorsement CG7576 and Manufacturers Industry Extension Endorsement CG7577. They include the same changes that were made to CG7576 and CG7577. Refer to EMC MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 17. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 13 of 14 | 2 |
e CG7576.1 Wholesalers Industry Extension Kansas e CG7576.2 Wholesalers Industry Extension Arkansas e CG7576.3 Wholesalers Industry Extension Texas e CG7576.4 Wholesalers Industry Extension Missouri e CG7577.2 Manufacturers Industry Extension Arkansas CG7577.3 Manufacturers Industry Extension Texas e CG7577.4 Manufacturers Industry Extension Missouri In addition CG7576.1 is different from CG7576 in that it includes a Concealment and Fraud provision that more closely reflects the definition of a fraudulent insurance act in Kan. Stat. Ann. 40 2 118a. CG7576.2 and CG7577.2 are different from CG7576 and CG7577 respectively in that they include a definition of punitive damages as required by Ark. Code. Ann. 23 79 307. CG7576.3 and CG7577.3 are different from CG7576 and CG7577 respectively in that they include the Prompt Payment of Claims provisions of Texas Ins. Code. Ann. 542.051 542.061. CG7576.4 and CG7577.4 are different from CG7576 and CG7577 respectively in that they include a provision which reflects that failure to report expenses to the insurer will not invalidate a claim unless such failures operate to prejudice the insurer s rights. This is response to MO. Code Regs. 20 CSR 100 1.020. Manufacturers Industry Extension Endorsment Kansas CG7577.1 includes the same changes that were made to CG7577. Refer to EMC MULTISTATE ENDORSEMENTS OTHER CHANGES Paragraph 17. CG825412 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 14 of 14 | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in sured or The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 of 2 a | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 ISO Properties Inc. 2006 IL 02 59 09 07 o | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L702810 05 Page 10f 1 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDULE Terrorism Premium Certified Acts A. Premium through end of year 1231 B. Premium beyond the date specified above Refer to Paragraph D. in this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations.. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program 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 the Treasury. Premium beyond the year specified in the schedule above The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the schedule shall be attributable to coverage for terrorism acts certified under the Act. If the federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B in of the schedule shall be attributable to that coverage for terrorism. The following is required as part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. 1L8383.51 08 Page 10f 1 | 2 |
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to www.cms.hhs.govMandatorylnsRep or consult with your attorney. 1L85769 09 Page 1 0f 1 | 2 |
CNA COMMON POLICY DECLARATIONS COMMERCIAL PACKAGE POLICY C 6014687412 POLICY NUMBER NAMED INSURED KANSAS ASPHALT INC. MAILING ADDRESS 7000 W 206TH ST BUCYRUS KS 66013 9610 PRODUCER NAME LOCKTON COMPANIES LLC MAILING ADDRESS 444 W. 47TH ST. 900 KANSAS CITY MO 64112 POLICY PERIOD FROM 03032015 TO 03032016 AT 1201 A.M. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PART PREMIUM COMMERCIAL PROPERTY COVERAGE 81474.00 COMMERCIAL GENERAL LIABILITY COVERAGE COMMERCIAL CRIME COVERAGE COMMERCIAL INLAND MARINE COVERAGE COMMERCIAL BOILER MACHINERY COVERAGE COMMERCIAL TECHNOLOGY ERRORS OMISSIONS COVERAGE TOTAL POLICY PREMIUM 81474.00 INCLUDES APPLICABLE STATES TAXES AND SURCHARGES IF ANY REFER TO INDIVIDUAL DECLARATIONS FOR FURTHER INFORMATION INSURED | 2 |
CNA FORMS APPLICABLE TO ALL COVERAGE PARTS REFER TO INDIVIDUAL DECLARATIONS Countersignature Yoowad MeZarnl Chairman of the Board G138915 A Ed. 0700 INSURED | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.