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CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. 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. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the 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. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. G144233 F Page 1 of 1 Ed. 0108 nan nan nan nan 1264245897.0 109210002000.0 | 2 |
CNA POLICYHOLDER NOTICE CNA Commercial Insurance 333 S. Wabash Ave. Chicago lllinois 60604 4153 00020001260145874127922 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1 | 2 |
CNA IMPORTANT INFORMATION PREVENT UNEXPECTED PREMIUM CHARGES AT FINAL AUDIT GENERAL LIABILITY LIMITS WE REQUIRE FOR SUBCONTRACTORS YOU HIRE Please read this IMPORTANT INFORMATION notice carefully if you hire subcontractors to perform work for you. Your General Liability insurance premiums may increase substantially at final audit if your subcontractors do not carry the minimum General Liability insurance limits we require as defined below. To prevent your General Liability insurance premiums from increasing at final audit your subcontractors must carry a General Liability policy which is written on an occurrence basis and which provides Limits of Insurance as follows 1000000 Any One Occurrence Coverage A 1000000 Any One Person or Organization Coverage B 1000000 Products Completed Operations Aggregate 1000000 General Aggregate In certain exception cases higher Limits of Insurance than those specified above may be required. Your agent will be notified of these exception cases in writing when they exist. How This Requirement Can Affect Your General Liability Premium at Final Audit At final premium audit we will ask you to provide us with Certificates of Insurance for all subcontractors who worked for you during the policy period to confirm that they carried the General Liability limits of insurance we require as stated above. Work you subcontract to other contractors whose General Liability limits of insurance meet the requirements shown above will be rated on a subcontract cost basis which is significantly less expensive for you than treating these subcontract costs as ratable payroll as described below. Any subcontractor of yours who carries General Liability limits of insurance less than those stated above and any of your subcontractors for whom we are not provided Certificates of Insurance will be treated as your employees for rating purposes. The associated subcontract costs will be treated as ratable payroll on your policy resulting in an additional premium charge at final audit. Prevent Unexpected Premium Charges at Final Audit Require Evidence Of 1000000 General Liability Limits From All Of Your Subcontractors To avoid additional premium charges at final audit caused by your subcontract costs being treated as ratable payroll and to reduce the risk of your General Liability insurance being tapped to cover claims arising out of your subcontractor s work we urge you to obtain Certificates of Insurance from your subcontractors prior to their beginning work evidencing the General Liability limits of insurance stated above. In addition to providing coverage information for their General Liability insurance these Certificates of Insurance should also provide coverage information for your subcontractor s Automobile Worker s Compensation and Umbrella insurance. Please contact your agent if you have any questions regarding these requirements or if you would like help in determining the adequacy of the insurance carried by any of your subcontractors. G44128 B Page 1 of 1 Ed. 1104 262171897109Z10002000 | 2 |
CNA American Society Of Concrete Contractors General Liability Occurrence New Business Declaration POLICY NUMBER C 6014687412 COVERAGE PROVIDED BY Natl Fire Ins Co of Hartford 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 5901 COLLEGE BLVD. STE. 400 OVERLAND PARK KS 66211 Phone Number 913661 2700 FROM POLICY PERIOD TO 03032015 03032016 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations with the attached Common Policy Conditions Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. The Estimated Policy Premium Is 81474.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 1192.00 Audit Period is Annual In return for the payment of the premium and subject to all the terms and conditions contained here in we agree to provide the insurance as stated. 1192.00 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 LIMITS OF INSURANCE DESCRIPTION Each Occurrence Personal Advertising Injury Medical Expense Any One Person Damage To Premises Rented To You Limit Products Completed Operations Aggregate General Aggregate Stop Gap Liability Bodily Injury by Accident Each Accident Bodily Injury by Disease Aggregate Limit Bodily Injury by Disease Each Employee LIMIT 1000000 1000000 10000 300 000 2000000 2000000 1000000 1000000 1000000 SCHEDULE OF LOCATIONS AND COVERAGES COVERAGE HAZARD DESCRIPTION POLICY LEVEL COVERAGES Ohio Amendatory Stop Gap Liability Ohio Stop Gap Liability North Dakota Stop Gap Liability Washington Stop Gap Liability Wyoming Stop GAP Liability WA Fire Damage Legal Liability Increased Limits Fellow Employee Bodily Injury Coverage Contractors General Liability Extension General Contractors Blanket Additional Insured Location 1 7000 W 206th St BUCYRUS KS 66013 PREMIUM EXPOSURE BASIS RATE IF ANY P L1117 IF ANY P.071 IF ANY P.000 IF ANY P.066 IF ANY Each INCL 100 Total Payroll FLAT CHARGE sU.010 SL 7 SL 12 ESTIMATED PREMIUM 0 0 0 0 0 40 383 54698 58053 0 0 0 0 0 IF ANY P L1117 IF ANY P.071 IF ANY P.000 IF ANY P.066 IF ANY Each INCL 100 Total Payroll FLAT CHARGE sU.010 SL 7 SL 12 40 383 4698 8053 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 91580 Contractors Executive Supervisors or Executive Superintendents. Products completed operations are subject to the General Aggregate Limit. Premises Operations 150000 P 7.414 Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations 40000000 C.684 Property Damage Liability Deductible Per Occurrence 1000 Products Completed Operations 40000000 C.536 Property Damage Liability Deductible Per Occurrence 1000 Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations 1270000 P 5.701 Property Damage Liability Deductible Per Occurrence 1000 Products Completed Operations 1270000 P 5.614 Property Damage Liability Deductible Per Occurrence 1000 LOCATION SUB TOTAL 150000 P 1112 nan nan nan nan 7.414 527360 521440 7240 7130 564282 Location 2 OPERATIONS IN THE STATE OF ARIZONA PHOENIX AZ 85001 Class Code 91580 Contractors Executive Supervisors or Executive Superintendents. Products completed operations are subject to the General Aggregate Limit. Premises Operations Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations nan nan nan nan 9.631 0 IF ANY P nan nan nan nan 0.858 0 IF ANY C Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 91585 Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence 1000 IF ANY.616 1000 70000 P 4.527 1000 70000 P 3.521 1000 LOCATION SUB TOTAL 1000 1000.616 0 317 246 563 Location 3 OPERATIONS IN THE STATE OF CALIFORNIA SACRAMENTO CA 94203 Class Code 91580 Contractors Executive Supervisors or Executive Superintendents. Products completed operations are subject to the General Aggregate Limit. Premises Operations 5000 Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence Products Completed Operations IF ANY Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence 50000 P 23.443 1172 1.140 1000.851 1000 0 0 P 12.026 1000 0 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 92215 Products Completed Operations IF ANY P 17.049 Property Damage Liability Deductible Per Occurrence 1000 LOCATION SUB TOTAL 0 1172 Location 4 OPERATIONS IN THE STATE OF FLORIDA TALLAHASSEE FL 32301 Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence IF ANY.865 1000 IF ANY.661 1000 IF ANY P 8.119 1000 IF ANY P 4.550 1000 LOCATION SUB TOTAL nan nan nan nan 0.865 0 0 0 0 0 Location 5 OPERATIONS IN THE STATE OF ILLINOIS SPRINGFIELD IL 62701 Class Code 91580 Contractors Executive Supervisors or Executive Superintendents. Products completed operations are subject to the General Aggregate Limit. Premises Operations P 25.950 0 IF ANY Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence IF ANY C 1.148 1000 IF ANY 728 1000 IF ANY 7.800 1000 IF ANY P 4.137 1000 LOCATION SUB TOTAL 1.148 1000 728 1000 0 0 0 0 0 Location 6 OPERATIONS IN THE STATE OF MASSACHUSETTS BOSTON MA 02101 Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence Products Completed Operations IF ANY Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence 1000 1000.858.550 0 0 P 5.215 1000 0 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 92215 Products Completed Operations IF ANY 2.002 Property Damage Liability Deductible Per Occurrence 1000 LOCATION SUB TOTAL 0 0 Location 7 OPERATIONS IN THE STATE OF MONTANA HELENA MT 59601 Class Code 91580 Contractors Executive Supervisors or Executive Superintendents. Products completed operations are subject to the General Aggregate Limit. Premises Operations Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Location 8 OPERATIONS IN THE STATE OF OREGON SALEM OR 97301 IF IF IF IF 50000 ANY ANY ANY ANY P 21. 1000 825.087.780.359.563 LOCATION SUB TOTAL 50000 P 21.825 51091 1.087 1000.780 1000 0 0 0 0 1091 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations Property Damage Liability Deductible Per Occurrence Products Completed Operations Property Damage Liability Deductible Per Occurrence IF ANY C 779 1000 IF ANY C.556 1000 IF ANY P 4.555 1000 IF ANY 7.268 1000 LOCATION SUB TOTAL 1000 1000 779.556 0 0 0 0 0 Location 9 OPERATIONS IN THE STATE OF WICSONSIN MADISON WI 53701 Class Code 91585 Contractors subcontracted work in connection with construction reconstruction repair or erection of buildings not otherwise classified Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence Products Completed Operations IF ANY Property Damage Liability Deductible Per Occurrence Class Code 92215 Driveway Parking Area or Sidewalk paving or repaving Premises Operations IF ANY Property Damage Liability Deductible Per Occurrence 1000 1000.627.493 0 0 P 4.323 1000 0 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 SCHEDULE OF LOCATIONS AND COVERAGES Class Code 92215 Products Completed Operations IF ANY P 1.910 Property Damage Liability Deductible Per Occurrence 1000 LOCATION SUB TOTAL 0 0 Page 10 INSURED | 2 |
POLICY NUMBER C 6014687412 INSURED NAME AND ADDRESS KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 FORMS AND ENDORSEMENTS SCHEDULE Form Number CG0001 CG0109 CG0300 CG2147 CG2170 CG2279 CG2504 G114050A G114057B34 G132263B G136107A G140331D G142561A G144291A G145658A G18652J G22614A G300250A G300303A G43316C G55157B IL0003 IL0017 IL0021 IL0261 042013 111985 011996 122007 012008 071998 052009 021995 022011 112004 032000 012013 112001 032003 112003 072012 121994 022006 052006 061998 021988 092007 111998 111994 092007 Form Title Commercial General Liability Coverage Form Kansas and Oklahoma Changes Transfer of Rights Deductible Liability Insurance Employment Related Practices Exclusion Cap on Losses for Certified Acts of Terrorism Exclusion Contractors Professional Liability Designated Locations General Aggregate Limit Stop Gap Liability Coverage Supplemental Schedule Ohio Amendatory Stop Gap Liability Coverage Endt Amendatory Endorsement Pollution Exclusion Exclusion Construction Wrap Up Program Blanket Addl Insd Owner Lessee Cntrctr w C O Fungi Mold Mildew Yeast Microbe Exclusion Contract Economic And Trade Sanctions Condition Exclusion Silica Contractors General Liability Extension Endt Stop Gap Liability Coverage Endorsement Exterior Finish System Prod Comp Ops Exclusion Fellow Employee Bodily Injury Endorsement Exclusion Asbestos Premium Bases Calculation of Premium Common Policy Conditions Nuclear Energy Liab Exclusion Endt Broad Form Kansas Changes Cancellation And Nonrenewal PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G144233F 012008 Notice Offer of Terrorism Disclosure of Premium G145041A 052003 IMP INF Economic And Trade Sanctions Condition G44128B 112004 Imp Info For Insureds Who Hire Subcontractors Countersignature Mum Yoowad MeZarnl Chairman of the Board P55170 A Ed. 0186 Page 10 of 10 INSURED | 2 |
G114050 A Ed. 0295 CNA STOP GAP LIABILITY COVERAGE SUPPLEMENTAL SCHEDULE AS PER THE POLICY DECLARATIONS THIS POLICY PROVIDES COVERAGE SUBJECT TO THE LIMITS OF INSURANCE INDICATED BELOW LIMITS OF INSURANCE BODILY INJURY BY ACCIDENT EACH ACCIDENT REFER BODILY INJURY BY DISEASE AGGREGATE LIMIT TO BODILY INJURY BY DISEASE EACH EMPLOYEE DECLARATIONS PREMIUM FOR THIS COVERAGE. PREMIUM PAYABLE AT INCEPTION 00020001260145874127929 REFER TO THE POLICY DECLARATIONS PAGE FOR OTHER FORMS AND ENDORSEMENTS ATTACHED TO AND FORMING A PART OF THIS POLICY. DENT EACH ACCIDENT REFER ASE AGGREGATE LIMIT TO ASE EACH EMPLOYEE DECLARATIONS REMIUM FOR THIS COVERAGE. PREMIUM PAYABLE AT INCEPTION G114050 A Ed. 0295 Page 1 of 1 | 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 Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Nl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity 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 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.. 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 3 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 08642171897 109Z10002000 CG 00010413 Page 1 of 16 Copyright Insurance Services Office Inc. 2012 | 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 164247.897 109210002000 CG 00010413 Page 3 of 16 Copyright Insurance Services Office Inc. 2012 | 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 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. b However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition 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 b 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.. 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 2 Page 4 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section 1l 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 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 2E62171897109Z10002000 CG 00010413 Page 5 of 16 Copyright Insurance Services Office Inc. 2012 | 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. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement 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 Nl 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 settiements 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 explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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.. 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. 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. 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. tal 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 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. 4 6642171897 109Z10002000 CG 00010413 Page 7 of 16 Copyright Insurance Services Office Inc. 2012 | 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit 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. 14 4 e 4 b 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. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. VEGLZH7L897 109210002000 CG 00010413 Page 9 of 16 Copyright Insurance Services Office Inc. 2012 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as aNamed Insured in the Declarations. SECTION Ill 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 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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. SE62171897 109210002000 CG 00010413 Page 11 of 16 Copyright Insurance Services Office Inc. 2012 | 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 i 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 entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 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 ToUs 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 worke does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. Employee 98642171897 109Z10002000 CG 00010413 Page 13 of 16 Copyright Insurance Services Office Inc. 2012 | 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. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement 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 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 b 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While 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. 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. 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.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 1 |
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 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 1 14. 1 3. o However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or g Infringing upon another s copyright trade dress or slogan in your advertisement.. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. LE62171897109210002000 CG 00010413 Page 15 of 16 Copyright Insurance Services Office Inc. 2012 | 1 |
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. 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 or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Page 16 of 16 CG 00010413 Copyright Insurance Services Office Inc. 2012 | 1 |
CG 01091185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS AND OKLAHOMA CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section 1V does not apply to COVERAGE C. MEDICAL PAYMENTS. 8E6217.897109210002000 CG 01091185 Copyright Insurance Services Office Inc. 1984 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 1000 OR SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 1000 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 1000 6E6217.897109Z10002000 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury dily Injury Liability and Coverages to pay lies only to the amount ny deductible amounts e as applicable to such amount on either a per basis. Your selected erage option and to the ted by the placement of Schedule above. The 1 the Schedule above the deductible amount lle above is on a per le applies as follows iability Coverage to all by any one person jury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. Copyright Insurance Services Office Inc. 1994 Page 1 of 2 CG 03000196 Page 1 of 2 | 2 |
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or c. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. D. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. Page 2 of 2 Copyright Insurance Services Office Inc. 1994 CG 03 000196 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE PART. 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 demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 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 endorsement modifies insurance provided under the following B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 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. V62171897 109210002000 CG 21471207 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 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 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. Certified act of terrorism means an act that is certified 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 pursuant 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. 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. 1YBL2HPL897 109210002000 CG 21700108 Page 1 of 1 Copyright ISO Properties Inc. 2007 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22790798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following The following exclusion COMMERCIAL GENERAL LIABILITY COVERAGE PART is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying 2. services in connection with construction work you perform. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. 2V6L217L897 109210002000 CG 22790798 Page 1 of 1 Copyright Insurance Services Office Inc. 1997 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 2504 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations Each of your locations owned by or rented to you for which coverage applies in this policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or suits brought or obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. ch of your locations owned by rented to you for which coverage plies in this policy. V6L2171897 109210002000 CG 2504 0509 Copyright Insurance Services Office Inc. 2008 Page 1 of 2 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright Insurance Services Office Inc. 2008 CG 25 04 05 09 | 2 |
G114057 B34 Ed. 0211 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OHIO AMENDATORY STOP GAP LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE ENDORSEMENT Paragraph 2. Exclusions of Coverage D. STOP GAP LIABILITY COVERAGE is amended to delete Exclusion a. and replace it with the following The insurance provided by this endorsement does not apply to a. Bodily injury caused by employer acts committed with the deliberate intent to injure an employee or committed with the belief that injury is substantially certain to occur. However to the fullest extent allowed by Ohio law this exclusion does not apply to bodily injury caused by employer acts that under Ohio law create a rebuttable presumption of intent to injure another. YVBLEIPL897 109210002000 G114057 B34 Ed. 0211 Page 1 of 1 | 2 |
G132263 8 Ed. 1104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted and replaced by the following This insurance does not apply to 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 i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or 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 G132263 8 Ed. 1104 e 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory b requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way Page 10f 2 SV6L217L897 109210002000 Page 10f 2 | 2 |
G132263 8 Ed. 1104 responding to or assessing the effects of pollutants. Paragraph 2 does not apply to liability for damages because of property damage that is not excluded by Paragraph 1 above. However this exception to Paragraph 2 does not apply to any loss cost or expense arising out of any request demand order or statutory or regulatory requirement or claim or suit solely by or on behalf of a governmental authority. G132263 8 Ed. 1104 Page 2 of 2 Includes copyrighted material of the Insurance Services Offce Inc. with its permission. | 2 |
G136107 A Ed. 0300 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION WRAP UP PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of any current or completed operation performed by you or on your behalf which is or was insured under an Owner Controlled Insurance Program O.C.L.P. or Contractor Controlled Insurance Program C.C.L.P. otherwise referred to as a consolidated wrap up insurance program. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project. 9V6L2171897 109210002000 G136107 A Ed. 0300 Page 1 of 1 | 2 |
G140331 D Ed. 0113 CNA BLANKET ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS WITH PRODUCTS COMPLETED OPERATIONS COVERAGE Itis understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows SCHEDULE OPTIONAL Name of Additional Insured Persons Or Organizations As required by written contract per Paragraph A. below. Locations of Covered Operations As per the written contract provided the location is within the coverage territory of this Coverage Part. A. Section Il Who Is An Insured is amended to include as an additional insured 1. Any person or organization whom you are required by written contract to add as an additional insured on this Coverage Part and 2. The particular person or organization if any scheduled above. B. The insurance provided to the additional insured is limited as follows 1. The person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations specified in the written contract or b. Your work that is specified in the written contract but only for bodily injury or property damage included in the products completed operations hazard and only if 1 The written contract requires you to provide the additional insured such coverage and 2 This Coverage Part provides such coverage. If the written contract specifically requires you to provide additional insurance coverage via the 1001 edition of CG2010 aka CG 20 10 10 01 or via the 1001 edition of CG2037 aka CG 20 37 10 01 or via the 1185 edition of CG2010 aka CG 20 10 11 85 then in paragraph B.1. above the words caused in whole or in part by are replaced by the words arising out of. We will not provide the additional insured any broader coverage or any higher limit of insurance than a. The maximum permitted by law b. That required by the written contract c. That described in B.1. above or d. That afforded to you under this policy whichever is less. G140331 D Ed. 0113 Page 1of 2 LVBLZVPL897 109210002000 Copyright CNA Al Rights Reserved. | 2 |
G140331 D Ed. 0113 Notwithstanding anything to the contrary in Condition 4. Other Insurance Section IV this insurance is excess of all other insurance available to the additional insured whether on a primary excess contingent or any other basis. But if required by the written contract to be primary and non contributory this insurance will be primary and non contributory relative to insurance on which the additional insured is a Named Insured. The insurance provided to the additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of a. The rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory inspection architectural or engineering activities or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows 1. The Duties In The Event of Occurrence Offense Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured An additional insured under this endorsement will as soon as practicable 1 Give us written notice of an occurrence or an offense which may result in a claim or suit under this insurance and of any claim or suit that does result 2 Except as provided in Paragraph B.4. of this endorsement agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part 3 Send us copies of all legal papers received and otherwise cooperate with us in the investigation defense or settlement of the claim or suit and 4 Tender the defense and indemnity of any claim or suit to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the written contract requires this insurance to be primary and non contributory this provision 4 does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or suit. D. Only for the purpose of the insurance provided by this endorsement SECTION V DEFINITIONS is amended to add the following definition Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part provided the contract or agreement 1. 2. Is currently in effect or becomes effective during the term of this policy and Was executed prior to a. The bodily injury or property damage or b. The offense that caused the personal and advertising injury for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. Material used with permission of ISO Properties Inc. G140331 D Ed. 0113 Page 2 of 2 Copyright CNA Al Rights Reserved. | 2 |
G142561 A Ed. 1101 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI MOLD MILDEW YEAST MICROBE EXCLUSION CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 Fungi and Microbes 1 Bodily injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. But this exclusion does not apply where your business is food processing sales or serving and the podily injury is caused solely by food poisoning in connection with such processing sales or serving. 2 Property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes. 3 Any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal and Advertising Injury Liability This insurance does not apply to Fungi and Microbes 1 Personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. 2 Any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury loss cost or expense.. The following definitions are added to Section V Definitions Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. But fungi does not include any fungi intended by the insured for consumption. Microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of microbes. But microbe does not mean microbes that were transmitted directly from person to person.. The following condition is added to Section IV Commercial General Liability Conditions Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by us. If you disagree with that determination you and we agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as you and we agree to. If binding arbitration of insurance disputes is not allowed in the state where you are incorporated or if you are not a corporation the state where you are domiciled then arbitration shall be non binding and shall only proceed if both you and we agree to enter into it. The arbitration will be held in the county where you are headquartered or at such other location as may be jointly agreed to by the arbitrators. Each party will bear its own arbitration costs. G142561 A Ed. 1101 Page 1 of 1 Incorporates materials copyrighted by Insurance Services Office reprinted with their permission. | 2 |
G145658 A Ed. 1103 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA COMMERCIAL GENERAL LIABILITY COVERAGE PART. The following exclusion is added to Exclusions of Section COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or 2. Property damage arising in whole or in part out of the actual alleged or threatened presence of silica. This endorsement modifies insurance provided under the following B. The following exclusion is added to Exclusions of Section COVERAGE B. PERSONAL AND ADVERTISING LIABILITY This insurance does not apply to personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of silica. C. The following definition is added Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. or in part out of the d respiration or 6V6.2171897109210002000 G145658 A Ed. 1103 Page 1 of 1 | 2 |
G18652 J Ed. 0712 CNA CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. The changes this endorsement makes do not apply with respect to any coverage that has been excluded or amended by another endorsement attached to this policy. SCHEDULE Coverage is summarized below. For particulars and limitations affecting each coverage please refer to the corresponding policy provisions in the body of this endorsement. Additional Insureds Seven additional insured extensions. 2. Bodily Injury Expanded Definition 3. Broad Knowledge of Occurrence Notice of Occurrence 4 5. Broad Named Insured Broadened Liability Coverage For Damage To Your Product And Your Work Limit 100000. 6. Contractual Liability Railroads Expanded definition of insured contract. 7. Contractual Liability For Personal And Advertising Injury 8. Electronic Data Liability Loss of Electronic Data Limit 100000. Expanded Personal And Advertising Injury Discrimination Or Humiliation 10. Expected Or Intended Injury Reasonable force bodily injury or property damage. 11. General Aggregate Limits Of Insurance Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures Partnership Limited Liability Companies Coverage for your interest in such terminated or ended organizations. 15. Legal Liability Alienated Premises Borrowed Equipment Coverage Extended perils. Default limit increased to 500000 for Damage to Premises Rented To You. 25000 limit for property damage to borrowed tools or equipment at a jobsite. 16. Liberalization Clause 17. Liquor Liability Coverage Extension. Medical Payments Limits increased to 15000. Reporting increased to three years from the date of accident. 19. Non owned Aircraft Coverage 20. Non owned Watercraft Increased to 75 feet. 21. Primary And Non Contributory To Other Insurance 22. Property Damage Elevators 23. Supplementary Payments Cost of bail bonds increased to 5000. Daily loss of earnings increased to 1000. 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation Blanket Waiver of subrogation where required by written contract or written agreement. 26. Wrap Up Extension 00020001260146874127950 G18652 J Ed. 0712 Page 1 of 11 Copyright CNA Al Rights Reserved. ted To You. Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 1. ADDITIONAL INSURED SECTION Il WHO IS AN INSURED is amended to include as an insured any person or organization called additional insured described in paragraphs A. through G. below whom you are required to add as an additional insured on this policy under a written contract or written agreement provided the written contract or written agreement i. Is currently in effect or becomes effective during the term of this policy and Was executed prior to the bodily injury property damage or personal injury and advertising injury for which the additional insured seeks coverage. However we will not provide the additional insured any broader coverage or any higher limit of insurance than the least that is a. The maximum permitted by law b. Required in the written contract or written agreement Afforded to you under this policy or Described in the applicable paragraphs A. through G. below. A. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of 1. Their financial control of you or 2. Premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for such additional insured. B. Co owner of Insured Premises A co owner of a premises co owned by you and covered under this insurance but only with respect to the co owner s liability as co owner of such premises. C. Lessor Equipment 1. Any person or organization from whom you lease equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such person or organization. 2. With respect to the insurance afforded to these additional insureds this insurance does. State or Governmental Agency or Subdi not apply to any occurrence which takes place after the equipment lease expires. Lessor Land An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to lease that land or 2. Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Lessor Premises A manager or lessor of premises but only with respect to liability arising out of the ownership maintenance or use of that specific part of the premises leased to you 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 or 2. Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. Mortgagee Assignee or Receiver A mortgagee assignee or receiver but only with respect to their liability as mortgagee assignee or receiver and arising out of the ownership maintenance or use of a premises by you. This insurance does not apply to structural alterations new construction or demolition operations performed by or for such additional insured. sion or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own rent or control and to which this insurance applies a. The existence maintenance repair construction erection or removal of G18652 J Ed. 0712 Page 2 of 11 Copyright CNA Al Rights Reserved. Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoistaway openings sidewalk vaults street banners or decorations and similar exposures or b. The construction erection or removal of elevators or c. The ownership maintenance or use of any elevators covered by this insurance. 2. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. 3. This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or b. Bodily injury or property damage included within the products completed operations hazard. A governmental permit which requires you to add the governmental entity as an additional insured will trigger this Provision 1. as if the permit were a written contract. 2. BODILY INJURY EXPANDED DEFINITION SECTION V DEFINITIONS the definition of bodily injury is changed to read Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 3. BROAD KNOWLEDGE OF OCCURRENCE NOTICE OF OCCURRENCE Condition 2. Duties in The Event of Occurrence Offense Claim or Suit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following provisions A. BROAD KNOWLEDGE OF OCCURRENCE You must give us or our authorized representative notice of an occurrence offense claim or suit only when the occurrence offense claim or suit is known to 1 You if you are an individual 2 A partner if you are a partnership 3 An executive officer or the employee designated by you to give such notice if you are a corporation or 4 A manager if you are a limited liability company. B. NOTICE OF OCCURRENCE Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an occurrence offense claim or suit and that failure is solely due to your reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However you shall give written notice of this occurrence offense claim or suit to us as soon as you are aware that this insurance may apply to such occurrence offense claim or suit. 4. BROAD NAMED INSURED A. Any subsidiary or affiliate organization other than a partnership joint venture or limited liability company in which a Named Insured specifically shown in the Declarations has management control directly or through one or more subsidiary organizations at the time of loss will qualify as a Named Insured but only if there is no other similar insurance available to such organization nor similar insurance which would be available but for exhaustion of its limits. For the purpose of this provision similar insurance means general liability or equivalent insurance no matter whether its coverage is broader or narrower than that provided by this insurance. But if the only other similar insurance is for a consolidated wrap up program then a subsidiary that qualifies as a Named Insured on such project specific insurance can still qualify as a Named Insured on this insurance but not for projects covered by the consolidated wrap up program. Please see Item 26.C. of this endorsement for the definition of consolidated wrap up program. B. This endorsement does not apply to any organization for which coverage is excluded by another endorsement attached to this policy. C. Only for the purpose of this endorsement 1. Management control means a. Ownership interest representing more than 50 of the voting appointment or designation power for the subsidiary organization s governing body or b. Having the right pursuant to a written contract or pursuant to the by laws charter operating agreement or similar document of a specifically shown Named Insured or controlled subsidiary G18652 J Ed. 0712 Page 3 of 11 Copyright CNA Al Rights Reserved. Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 organization to select appoint or designate a majority of the subsidiary organization s governing body. Such contract or document must have been created prior to the time of loss or c. Having the right pursuant to a written trust agreement to protect control the use of encumber or transfer and sell property held by a trust. 2. Governing body means the Board of Directors of a corporation. 3. Loss means a. The occurring of the bodily injury or property damage or b. The committing of the offense that caused the personal and advertising injury. D. The insurance provided by this policy applies to Named Insureds when trading under their own names or under such trading names or doing business as DBA names as any should choose to employ. a Fire b Smoke c Collapse or d Explosion. The following paragraph is added to SECTION Ill LIMITS OF INSURANCE Subject to 5. above 100000 is the most we will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire smoke collapse or explosion and is included within the product completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This Provision 5. Broadened Liability Coverage For Damage To Your Product And Your Work does not apply if an endorsement of the same name is attached to this policy. 5. BROADENED LIABILITY COVERAGE DAMAGE TO YOUR PRODUCT AND WORK A. Under SECTION COVERAGE A BODILY FOR YOUR 6. CONTRACTUAL LIABILITY RAILROADS With respect to operations performed within 50 feet of railroad property the definition of insured contract in SECTION V DEFINITIONS is replaced by the INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions is amended to delete exclusions k. and. and replace them with the following Insured Contract means following a. A contract for a lease of premises. However that This insurance does not apply to portion pf the contract for a lease of premises that indemnifies any person or organization for k. Damage to Your Product damage by fire to premises while rented to you or. temporarily occupied by you with permission of Property damage to your product arising the Ewneryis not n insuyre contracl out of it or any part of it except when caused by or resulting from b. A sidetrack agreement 1 Fire Any easement or license agreement 2 Smoke An obligation as required by ordinance to. indemnify a municipality except in connection with 3 Collapse or work for a municipality 4 Explosion. e. An elevator maintenance agreement I Damage to Your Work f. That part of any other contract or agreement 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 1 If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor or 2 If the cause of loss to the damaged work arises as a result of 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 G18652 J Ed. 0712 Page 4 of 11 Copyright CNA Al Rights Reserved. N COVERAGE A BODILY ROPERTY DAMAGE LIABILITY xclusions is amended to delete ind I. and replace them with the does not apply to Your Product amage to your product arising any part of it except when caused ng from Your Work ge to your work arising out of it and included in the products ations hazard. Joes not apply lamaged work or the work out of he damage arises was performed behalf by a subcontractor or ause of loss to the damaged work e il e Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 1 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 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 1 above and supervisory inspection architectural or engineering activities. 7. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Under SECTION I COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Paragraph 2. Exclusions is amended to delete exclusion e. Contractual Liability. This provision 7. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 8. ELECTRONIC DATA LIABILITY A. Under SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph 2. Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following This insurance does not apply to p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily injury. B. The following paragraph is added to SECTION 1l LIMITS OF INSURANCE Subject to 5. above 100000 is the most we will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to the SECTION V DEFINITIONS E. 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. For the purposes of the coverage provided by this endorsement the definition of property damage in SECTION V DEFINITIONS s replaced by the following 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 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 or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy then the 100000 limit provided by this Provision 8. Electronic Data Liability is part of and not in addition to that higher limit. 9. EXPANDED PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION A. SECTION V DEFINITIONS is amended to add the following to the definition of Personal and advertising injury h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is 1 Not done intentionally by or at the direction of a The insured or b Any executive officer director stockholder partner member or G18652 J Ed. 0712 Page 5 of 11 Copyright CNA Al Rights Reserved. 2562171897109210002000 Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 10. 1. manager if you are a limited liability company of the insured and 2 Not directly or indirectly related to the employment prospective employment past employment or termination of employment of any person or persons by any insured. Under SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Paragraph 2. Exclusions is amended to add the following additional exclusions This insurance does not apply to Discrimination Relating To Room Dwelling or Premises Personal or advertising injury caused by discrimination directly or indirectly related to the sale rental lease or sub lease or prospective sale rental lease or sub lease of any room dwelling or premises by or at the direction of any insured. Fines Or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. This provision 9. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. EXPECTED OR INTENDED INJURY Under SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions is amended to delete exclusion a. Expected or Intended Injury and replace it with the following 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 or property damage resulting from the use of reasonable force to protect persons or property. GENERAL AGGREGATE LIMITS OF INSURANCE PER PROJECT A. For each construction project away from premises you own or rent a separate Construction Project General Aggregate Limit equal to the amount of the General Aggregate Limit is the most we will pay for the sum of 1. All damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and 2. All medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Construction Project Aggregate Limit of any other construction project.. Al 1. Damages under Coverage B regardless of the number of locations or construction projects involved 2. Damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single construction project except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single construction project will reduce the General Aggregate Limit shown in the Declarations.. The limits shown in the Declarations for Each Occurrence for Damage To Premises Rented To You and for Medical Expense continue to apply but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project.. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of locations involved will reduce the Products Completed Operations Aggregate Limit shown in the Declarations. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. G18652 J Ed. 0712 Page 6 of 11 Copyright CNA Al Rights Reserved. property damage included in the products completed operations hazard and 2. All medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Construction Project Aggregate Limit of any other construction project. B. Al 1. Damages under Coverage B regardless of the number of locations or construction projects involved 2. Damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single construction project except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single construction project will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence for Damage To Premises Rented To You and for Medical Expense continue to apply but will be subject to either the Construction Project Aggregate Limit or the General Aggregate Limit depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of locations involved will reduce the Products Completed Operations Aggregate Limit shown in the Declarations. E. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 F. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS Any action in rem against any vessel owned or operated by or for you or chartered by or for you will be treated in the same manner as though the action were in personam against you. Inrem is a term used to designate actions instituted against the thing as distinct from actions against the person which are said to be in personam. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE A. With respect only to bodily injury that arises out of a health care incident COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY OF SECTION COVERAGES is amended to replace Insuring Agreement Paragraphs 1.b.1 and 1.b.2 with the following b. This insurance applies to bodily injury only if you are not in the business of providing professional health care services and only if 1 The bodily injury is caused by an occurrence that takes place in the coverage territory. For the purpose of this insurance a Bodily injury caused by a health care incident will be considered caused by an occurrence and b All acts errors or omissions that are logically connected by any common fact circumstance situation transaction event advice or decision will be considered to constitute a single occurrence The bodily injury occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act error or omission that is part of the occurrence and B. With respect only to the insurance provided by this Provision 13. Exclusion 2.e. Employer s Liability of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is amended to append the following Only for bodily injury not covered by other liability insurance including state sanctioned self insurance available to the insured or which would be available but for exhaustion of its limits this exclusion does not apply to bodily injury that arises out of a health care incident. C. SECTION V DEFINITIONS is amended to add the following new definition Health care incident means a negligent act error or omission by your employees or volunteer workers working on your behalf in the rendering of or failure to render professional health care services in any of the following capacities or the related furnishing of food beverages medical supplies or appliances Physician Nurse a. b. c. Emergency medical technician d. Paramedic e. Chiropractor f. Dentist Athletic trainer Audiologist i. Physical therapist j Psychologist k. Speech therapist I. Other allied health professional or m. Provider of first aid or Good Samaritan services rendered in an emergency and for which no payment is demanded or received.. SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph 2. Exclusions is amended to add the following additional exclusions. These new exclusions apply only to this Incidental Health Care Malpractice Coverage This insurance does not apply to Dishonesty or Crime Any dishonest criminal or malicious act error or omission. Clinical Trials Product Testing Acts errors or omissions that occur in the course of human clinical trials or product testing. Medicare Medicaid Fraud Medicare or Medicaid fraud or abuse. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. SECTION V DEFINITIONS is amended to add the following subparagraph to Paragraph f. of the definition of insured contract G18652 J Ed. 0712 Page 7 of 11 Copyright CNA Al Rights Reserved. 85642171897 109Z10002000 Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 Paragraph f. does not include that part of any contract or agreement 4 Under which you assume another s tort liability for bodily injury arising out of the rendering of or failure to render professional health care services. SECTION Il WHO IS AN INSURED is amended to add the following provisions 1. Your employees are insureds with respect to a. bodily injury to a coemployee while in the course of the coemployee s employment by you or while performing duties related to the conduct of your business and b. bodily injury to a volunteer worker while performing duties related to the conduct of your business when such bodily injury arises out of a health care incident. 2. Your volunteer workers are insureds with respect to a. bodily injury to a covolunteer worker while performing duties related to the conduct of your business and b. bodily injury to an employee while in the course of the employee s employment by you or while performing duties related to the conduct of your business when such bodily injury arises out of a health care incident. 3. Paragraphs 2.a. 1 b and c of SECTION Il WHO IS AN INSURED do not apply to bodily injury for which insurance is provided this Provision 13. 4. Paragraph 2.a.1d of SECTION Il WHO IS AN INSURED is deleted. G. With respect to the insurance provided by this Provision 13. the following is added to Paragraph 4.b.1 of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS To the extent this insurance applies it is excess over any of the other insurance including qualified self insurance whether primary excess contingent or on any other basis except for insurance purchased specifically by you to be excess of this policy. A. The following is added to SECTION Il WHO IS AN INSURED 4. You are an insured when you had an interest in a joint venture partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture partnership or limited liability company. This coverage does not apply a. Prior to the termination date of any joint venture partnership or limited liability company b. If there is other valid and collectible insurance purchased specifically to insure the partnership joint venture or limited liability company or c. To a joint venture partnership or limited liability company which is or was insured under a consolidated wrap up insurance program. Please see Item 26.C. of this endorsement for the definition of consolidated wrap up program.. The last paragraph of SECTION Il WHO IS AN INSURED is deleted and replaced by the following Except as provided under the Contractors General Liability Extension Endorsement or by the attachment of another endorsement if any 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. 15. LEGAL LIABILITY ALIENATED PREMISES BORROWED EQUIPMENT A. Under SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph 2. Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following This insurance does not apply to j. Damage to Property Property damage to 1 Property you own rent or occupy Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 14. JOINT VENTURES PARTNERSHIP LIMITED n LIABILITY COMPANIES Personal property in the care custody or control of the insured G18652 J Ed. 0712 Page 8 of 11 Copyright CNA Al Rights Reserved. O IS AN INSURED do not ury for which insurance is ion 13. of SECTION Il WHO IS leted. surance provided by this ving is added to Paragraph IV COMMERCIAL ONDITIONS rance applies it is excess surance including qualified ether primary excess other basis except for specifically by you to be RTNERSHIP LIMITED A. Under INJUF 2. Ex Dama with tf This i D Prop Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 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. Paragraph 2 of this exclusion does not apply if the premises are your work. Paragraphs 3 and 4 of this exclusion do not apply to property damage to tools or equipment loaned to you. A separate limit of insurance applies to such tools or equipment that are damaged while being used in your operations. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises rented to you or temporarily occupied by you with the permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION Il LIMITS OF INSURANCE. 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. others that occurs while the equipment is being used to perform operations.. Paragraph 6. Damage To Premises Rented To You Limit of SECTION Wl LIMITS OF INSURANCE is replaced by the following 6. Subject to Paragraph 5. above the Each Occurrence Limit the Damage To Premises Rented To You Limit is the most we will pay under SECTION COVERAGE A for damages because of property damage to any one premises while rented to you or temporarily occupied by you with the permission of the owner including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. 500000 or b. The Damage To Premises Rented To You Limit shown in the Declarations. Paragraph 4.b.1aii of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following ii That is property insurance for premises rented to you for premises temporarily occupied by you with the permission of the owner or for personal property of others in your care custody or control This Provision 15. does not apply if Damage To Premises Rented To You Liability under SECTION 1 COVERAGE A is excluded by endorsement. 16. LIBERALIZATION CLAUSE B. Under SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE the last paragraph of Paragraph 2. Exclusions is deleted and replaced by the following. If we adopt a change in our forms or rules which would broaden coverage for contractors under this endorsement without an additional premium charge your policy will automatically provide the additional coverage as of the date the revision is effective in your state. 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 17. LIQUOR LIABILITY the owner nor to the contents of premises rented to you for a period of 7 or fewer consecutive days. Under SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph 2. Exclusions is amended to delete exclusion c. Liquor Liability. This provision 17. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 18. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit of SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following A separate limit of insurance applies to this coverage as described in SECTION Ill LIMITS OF INSURANCE. C. The following paragraph is added to SECTION Il LIMITS OF INSURANCE Subject to 5. above 25000 is the most we will pay under Coverage A for damages arising out of any one occurrence because of property damage to tools or equipment loaned to you by G18652 J Ed. 0712 Page 9 of 11 Copyright CNA Al Rights Reserved. 5642171897 109Z10002000 Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 7. Subject to Paragraph 5. above the Each Occurrence Limit the Medical Expense Limit is the most we will pay under SECTION I COVERAGE C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of 1 15000 or 2 The amount shown in the Declarations for Medical Expense Limit. B. Paragraph 1.a.3b of SECTION COVERAGE C MEDICAL PAYMENTS is replaced by the following b The expenses are incurred and reported to us within three years of the date of the accident and This paragraph B. does not apply to medical expenses incurred in the state of Missouri. 19. NON OWNED AIRCRAFT Under SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. Paragraph 2. Exclusions is amended such that exclusion g. Aircraft Auto or Watercraft does not apply to an aircraft you do not own provided that 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating that person as a commercial or airline transport pilot 2. The aircraft is rented to you with a trained paid crew and 3. The aircraft does not transport persons or cargo for a charge. 20. NON OWNED WATERCRAFT Under SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Paragraph 2. Exclusions is amended to delete subparagraph 2 of exclusion g. Aircraft Auto or Watercraft and replace it with the following. This exclusion does not apply to 2 A watercraft you do not own that is a Less than 75 feet long and b Not being used to carry persons or property for a charge. 21. PRIMARY AND NON CONTRIBUTORY TO OTHER INSURANCE With respect to any person or organization that is an additional insured under this Coverage Part the 22 23. 24 following is added to Paragraph 4. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS If you have agreed in writing in a contract or agreement that this insurance is primary and non contributory relative to an additional insured s own insurance then this insurance is primary and we will not seek contribution from that other insurance. For the purpose of this Provision 21. the additional insured s own insurance means insurance on which the additional insured is a Named Insured. This Provision 21. does not apply in situations where the endorsement on this policy affording coverage to the additional insured specifies that this insurance is excess over any other insurance available to that additional insured. PROPERTY DAMAGE ELEVATORS A. Under SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Paragraph 2. Exclusions is amended such that exclusion k. Damage to Your Product and subparagraph 3 4 and 6 of exclusion j. Damage to Property do not apply property damage that results from the use of elevators. B. With respect only to the coverage provided by this endorsement Condition 4. Other Insurance in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph b.1av 4. Other Insurance b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis v That is Property insurance covering property of others damaged from the use of elevators. SUPPLEMENTARY PAYMENTS A. Under Section Supplementary Payments Coverages A and B Paragraph 1.b. the limit of 250 shown for the cost of bail bonds is replaced by 5000 B. In Paragraph 1.d. the limit of 250 shown for daily loss of earnings is replaced by 1000. UNINTENTIONAL FAILURE TO HAZARDS If unintentionally you should fail to disclose all existing hazards at the inception date of your policy we will not deny coverage under this Coverage Part because of such failure. DISCLOSE G18652 J Ed. 0712 Page 10 of 11 Copyright CNA Al Rights Reserved. s not apply to medical state of Missouri. GE A BODILY MAGE LIABILITY. mended such that Watercraft does not own provided that olds a currently effective duly constituted authority f America or Canada s a commercial or airline you with a trained paid nsport persons or cargo T GE A BODILY MAGE LIABILITY nended to delete g. Aircraft Auto or 1 the following. to wn that is g and arry persons or property A. under ocU HUN INJURY AND PR 2. Exclusions is Damage to Your 4 and 6 of exclt not apply property use of elevators. B. With respect only tc endorsement Cor SECTION IV LIABILITY CONDI following subparag 4. Other Insurar b. Excess In 1 Thisi a A w Ct v 23. SUPPLEMENTARY P A. Under Section I Coverages A and 250 shown for th by 5000 B. InParagraph 1.d. lace nf carninac iec Copyright CNA Al Rights Reserved. | 2 |
G18652 J Ed. 0712 25. WAIVER OF SUBGROGATION BLANKET Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of 1. Your ongoing operations or 2. Your work included in the products completed operations hazard. However this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. Isin effect or becomes effective during the term of this policy and 2. Was executed prior to loss. 26. WRAP UP EXTENSION OWNER CONTROLLED INSURANCE PROGRAM CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS Note The following provision does not apply to any public construction project in the state of Oklahoma nor to any construction project in the state of Alaska that is not permitted to be insured under a consolidated wrap up insurance program by applicable state statute or regulation If the endorsement EXCLUSION CONSTRUCTION WRAP UP or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs O.C.I.P. or Contractor Controlled Insurance Programs C.C.I.P. is attached to this policy then the following changes apply A. The following wording is added to the endorsement With respect to a consolidated wrap up insurance program project in which you are or were involved this exclusion does not apply to those sums you become legally obligated to pay as damages because of 1. Bodily injury property damage or personal or advertising injury that occurs during your ongoing operations at the project or during such operations of anyone acting on your behalf nor 2. Bodily injury or property damage included within the products completed operations hazard that arises out of those portions of the project that are not residential structures. B. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following subparagraph 4.b.1c to Condition 4. Other Insurance This insurance is excess over c Any of the other insurance whether primary excess contingent or any other basis that is insurance available to you as a result of your being a participant in a consolidated wrap up insurance program but only as respects your involvement in that consolidated wrap up insurance program.. SECTION V DEFINITIONS is amended to add the following definition Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project such as an Owner Controlled Insurance Program O.C.I.P. or Contractor Controlled Insurance Program C.C.L.P.. Residential structure means any structure where 30 or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing apartments condominiums townhouses co operatives or planned unit developments and also includes their common areas andor appurtenant structures including pools hot tubs detached garages guest houses or any similar structures. When there is no individual ownership of units residential structure does not include military housing college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. S562171897109Z10002000 were Involved this exclusion does not apply to those sums you become legally obligated to pay as damages because of 1. Bodily injury property damage or personal or advertising injury that occurs during your ongoing operations at the project All other terms and conditions of the Policy remain unchanged. Residential structure also does not include hospitals or prisons. This provision 26. does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Material used with permission of ISO Properties Inc G18652 J Ed. 0712 Page 11 of 11 Copyright CNA Al Rights Reserved. Copyright CNA Al Rights Reserved. | 2 |
G22614 A Ed. 1294 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The provisions of this endorsement apply only as respects the Stop Gap Liability Coverage afforded hereunder. A. The following is added to SECTION COVERAGES COVERAGE D. STOP GAP LIABILITY COVERAGE 1. Insuring Agreement G22614 A Ed. 1294 We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury to which this insur ance applies. We will have the right and duty to defend any suit seeking those damages. We may at our discretion investigate any ac cident or disease and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in LIMITS OF IN SURANCE SECTION M of this en dorsement and Our right and duty to defend end when we have used up the applicable limit of in surance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMEN TARY PAYMENTS. This insurance applies to bodily injury only if 1 The bodily injury is sustained by an employee of yours and arises out of and in the course of such employee s em ployment by you 2 The bodily injury takes place in the coverage territory The bodily injury is caused by a An accident occurring during the pol icy period or b A disease which is caused by or ag gravated by conditions of your em ployment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period and 4 Such employee has been reported and declared under a Workers Compensa c. tion Law of a state territory or posses sion designateded in the Stop Gap Liabil ity Coverage Supplemental Schedule prior to sustaining an injury. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. The damages we will pay where recovery is permitted by law include damages 1 For which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a re sult of injury to your employee 2 3 For care and loss of services For consequential bodily injury to a spouse child parent brother or sister of the injured employee provided that these damages are the direct conse quence of bodily injury that arises out of and in the course of the injured employee s employment by you and 4 Because of bodily injury to your employee that arises out of and in the course of employment claimed against you in a capacity other than as employer. 2. Exclusions The insurance provided by this endorsement does not apply to a. Bodily injury intentionally caused or aggra vated by you or bodily injury resulting from an act which is determined to have been committed by you with the belief that an injury is substantially certain to occur. Aircraft operation or the performance of any duty in connection with aircraft while in flight. Any premium assessment penalty fine benefit liability or other obligation imposed by 1 The Federal Employer s Liability Act 45 USC Sections 51 60 Page 10f 3 95642171897 109Z10002000 Page 10f 3 | 2 |
G22614 A Ed. 1294 h. 2 The Non appropriated Fund Instrumen talities Act 5 USC Sections 8171 8173 3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 or 4 The Outer Continental Shelf Lands Act 43 USC Sections 1331 1356 5 The Defense Base Act 42 USC Sections 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 7 The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and 8 Any other Worker s Compensation un employment compensation or disability laws or any similar law. Any liability assumed by the insured under any agreement or contract. Bodily injury to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with the Workers Compensation Law. Damages arising out of coercion criticism demotion evaluations reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or any personnel practices poli cies acts or omissions. Bodily injury suffered or caused by any per son 1 Knowingly employed by the insured in violation of any law as to age or 2 Under the age of 14 years regardless of any such law. Multiple exemplary or punitive damages. B. SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to SUPPLEMENTARY PAYMENTS COVERAGES A B AND D. C. SECTION Il WHO IS AN INSURED is deleted and replaced by the following SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as G22614 A Ed. 1294 An individual you and your spouse are in sureds 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 in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. An organization other than a partnership or joint venture 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 li ability as stockholders. 2. Any organization you newly acquire or form other than a partnership or joint venture 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. This coverage does not apply to bodily injury that occurred before you acquired or formed the organization. No person or organization is an insured with re spect to the conduct of any current or past part nership or joint venture that is not shown as a Named Insured in the Declarations. D. SECTION il LIMITS OF INSURANCE is deleted and replaced by the following SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Stop Gap Li ability Coverage Supplemental Schedule and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. 2. Bodily Injury by Accident. The limit shown under Bodily Injury by Accident Each Accident in the Stop Gap Liability Coverage Supplemental Schedule is the most we will pay for all damages covered by this insurance because of bodily in jury to one or more employees in any one acci dent. A disease is not bodily injury by accident unless it results directly from bodily injury by ac cident. 3. Bodily Injury by Disease. The limit shown under Bodily Injury by Disease Aggregate Limit in the Stop Gap Liability Coverage Supplemental Schedule is the most we will pay for all damages covered by this insurance and arising out of Page 20f 3 | 2 |
G22614 A Ed. 1294 podily injury by disease regardless of the num ber of employees who sustain bodily injury by disease. Bodily injury by disease does not in clude disease that results directly from a bodily injury by accident. 4. Bodily Injury by Disease. Subject to 3. above the limit shown under Bodily Injury by Disease Each Employee in the Stop Gap Liability Cover age Supplemental Schedule is the most we will pay for all damages because of bodily injury by disease to any one employee. Bodily Injury by disease does not include disease that results di rectly from a bodily injury by accident. The limits of this coverage 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 addi tional period of less than 12 months. In that case the additional period will be deemed part of the last pre ceding period for purposes of determining the Limits of Insurance. Condition 4. OTHER INSURANCE of the CONDI TIONS Section IV is deleted and replaced by the fol lowing 4. OTHER INSURANCE This insurance is excess over any other valid and collectible insurance. F. SECTION V DEFINITIONS is amended by the fol lowing A. Definition 4 coverage territory is deleted and replaced by the following 4. Coverage Territory means a. The United States of America including its territories and possessions and Can ada or b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above. B. The following Definition is added Workers Compensation Law means the Workers Compensation Law and any Occupational Disease Law. This does not include provisions of any law providing non occupational disability benefits of each state territory or possession named in the Stop Gap Liability Coverage Supplemental Schedule. 562171897109210002000 G22614 A Ed. 1294 Page 30f 3 | 2 |
G300250 A Ed. 0206 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR FINISH SYSTEM PRODUCTS COMPLETED OPERATIONS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to Section Coverage paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to a. Any property damage included in the products completed operations hazard arising out of the design sale distribution manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulkings or sealants in connection with such system. b. Any property damage included in the products completed operations hazard if the property damage is caused directly or indirectly by an exterior finish system. This exclusion applies a. Whether the property damage is caused solely by an exterior finish system or by an exterior finish system in combination with other causes and b. Whether performed by you or on your behalf. 2. Asused in this endorsement a. Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the outside surface and designed to consist of 1 A backer board that is attached to any building surface or substrate 2 An integrally reinforced base coat on the face of the backer board 3 A protective finish applied to the surface of the base coat and 4 Applicable accessories flashings coatings caulking and sealants that interact to form an energy efficient wall. Backer board includes but is not limited to insulation board foam board cement board cementitious backer board plywood oriented strand board any gypsum based board metal sheet concrete block or concrete. nan nan nan nan 85642171897.0 109210002000.0 G300250 A Ed. 0206 Page 1 of 1 | 2 |
G300303 A Ed. 0506 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE BODILY INJURY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to paragraph 2.a. 1 of Section The coverage provided by this endorsement is Il Who Is An Insured over any other valid and collectible insurance tt covers the liability of any employee that is cove Subparagraphs a b and c above do not apply to paragraph A. of this endorsement. any employees with respect to bodily injury to a co employee B. The following is added to Paragraph 4. Other Insurance Condition under Section IV Commercial General Liability Conditions The coverage provided by this endorsement is excess over any other valid and collectible insurance that also covers the liability of any employee that is covered by paragraph A. of this endorsement. 656.4217.897109Z10002000 G300303 A Ed. 0506 Page 1 of 1 | 2 |
G43316 C Ed. 0698 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM FARM COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK POLLUTION LIABILITY COVERAGE FORM This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a by reason of a claim or suit for any such injury or damage or b in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time 1 airborne as a fiber particle or dust 2 contained in or formed a part of a product structure or other real or personal property 3 carried on clothing 4 inhaled or ingested or 5 transmitted by any other means. 0962 7.897109Z10002000 G43316 C Ed. 0698 Page 1 of 1 | 2 |
G55157 B Ed. 0288 CNA PREMIUM BASES To be used with the General Liability Schedule Per 1000 Sq. ft. LR Lakes Reservoirs Each Each M Admissions Per 1000 Admissions Each ME Members Each Each Ml Miles Each Each MH Model Homes Each Each O Operators Each Each OE Operating Expenditures Per 1000 of Each OperatingExpenditures Each P Payroll Per 1000 of Payroll Per 1000 of Total Cost PD Passenger Days Per 1000 Passslg Each Camper Day PP Parks Playgrounds Each Each PR Parades Each s Each PS Persons Each Each PG Picnic Grounds Each Each PU Pupils Each Each R Receipts Per 1000 of Receipts Per Entity Described RG Registrants Each Each RN Range Each Each S Gross Sales Per 1000 of s Each Gross Sales Each SC Scouts Each Each SE Seats Each Each SP Swimming Pools Each eacher Each ST Stations Each Each TE Teams Each Each TO Towers Each Each U Unit Per Dwelling Unit Each VE Vehicles Per 1000 Vehicles Each VO Volunteers Each Each z Z00s Each A AC AN Area Acres Animals Airports Attendants Bodies Beds Beaches Boats Total Cost Per Camper Days Contestants Convention Days Drawbridges Dams Dwellings Each Exhibitions Fairgrounds Faculty Members Fishing Piers Graduates Games Grandstands Bleacher Headquarters Hoists Kennels Locations Days Lessees Locations G55157 B Ed. 0288 Page 1 of 1 | 2 |
G144291 A Ed. 0303 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added to the COMMON POLICY CONDITIONS ECONOMIC AND TRADE SANCTIONS CONDITION In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following 1. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions 2. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions 3. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions 4. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or 5. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. 2962171897109Z10002000 G144291 A Ed. 0303 Page 1 of 1 | 2 |
IL 00 03 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. 96217.897109210002000 IL 00 03 09 07 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
IL00 17 1198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
L0021 11 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART This endorsement modifies insurance provided under the following 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitied to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and py product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 59642171897 109Z10002000 1 Copyright Insurance Services Office Inc. 1994 IL0o021 1194 | 2 |
L0021 11 94 uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for c 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or 2 Copyright Insurance Services Office Inc. 1994 IL0o021 1194 | 2 |
IL 02 6109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS 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 A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the 2.a. We may cancel this policy by mailing or inception of this policy delivering to the first Named Insured written 5 A determinaton by the insurance notice of cancellation stating the reasons for commissioner that continuation of coverage cancellation at least could place us in a hazardous financial 1 10 days before the effective date of condition or in violation of the laws of cancellation if we cancel for nonpayment of Kansas or premium. 6 A determination by the insurance 2 30 days before the effective date of commissiongr that we no longer have cancellation if we cancel for any other adequate reinsurance to meet our needs. reason. B. The following is added and supersedes any b. If this policy has been in effect for 90 days or condition to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may CaFe this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 996.2171897109Z10002000 IL 02 61 09 07 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
INSURANCE PREMIUM AUDIT An accurate audit benefits you and your business. What is it and why do you need it A premium audit is a determination of the actual insurance exposures for the coverages you have based on an examination of your operation records and books of account. When your policy is issued your premium is estimated based on your business circumstances and information provided at that time. An audit establishes the correct premium base for your insurance coverage by verifying actual exposures. Atter your audit an adjustment will be made to the premium that was estimated at issuance. An audit is necessary after the expiration of a policy with a variable premium base such as payroll or sales. Some types of coverage subject to audit are Workers Compensation General Liability Premises Operations Liabilty Products Completed Operations Automobile Liabilty Garage Liability Liquor Liability Funeral Directors Liability Product Recall and Replacement Printer s EO Correction of Work Payroll Records Checklist This list provides a good indication of the materials your auditor may need to complete your premium audit. Journals Ledgers TaxReports. Individual Earnings Cards Vehicle Titles Registrations or Ownership Cash Disbursements Tax Reports You can also expect your auditor to observe your business operations and ask. questions about your records. 279 Keeping good records may save you time and money B1f you are eligible for allowable credits based on insurance manual classification and ZSrating rules you will need to provide the necessary records and detail to take Sadvantage of the credits. Payroll remuneration for services performed by an employee is the basis for many insurance premiums. Remuneration includes any Emoney paid for services or any substitute for money such as Bonuses Vacation holiday or sick pay Wages or commissions Payments for piece work Proft sharing plans Value of board lodging Overtime Tool allowance Statutory payments Store certificates Other substitutes for cash Scheduling the Audit As the time for your audit approaches a staff auditor from CNA or one of our authorized vendors will contact you to schedule the audit. Our current vendors are Information Providers Inc. IP1 and U.S. Insurance Senvices USI. Payroll Records Guidelines Overtime Show overtime pay in excess of straight time pay separately by employee and in summary by classification of work by state. Division of Payroll Division of payroll between classifications may be allowed for certain construction and other types of risks. Where division of payroll is allowed individual employee payroll records should show the number of hours and amount of payroll for each type of work. Without such records the full salary must be charged to the employee s highest rated classification. Division of payroll is not available for outside sales persons 8742 auto salesperson 8748 clerical 8810 clerical telecommuter 8871 and drivers 7380. Subcontractors CNA requires all subcontractors hired by you to carry General Liability andor Umbrella Liabilty limits of at least 1 million on an occurrence based policy. Prior to allowing a subcontractor to work for you you should obtain a Certificate of Insurance from the subcontractor evidencing these minimum limits. At final audit we will examine the Certificates of Insurance for all work subcontracted during the policy term. Any subcontracted work for which we are not provided a Cerificate of Insurance and any subcontracted work which was insured with liability limits less than 1 million will be converted to ratable payroll on your policy resulting in an additional premium charge owed by you. To prevent this additional premium charge and to reduce the risk of your General Liability coverage being applied to cover claims that arise from work performed by your subcontractors you must obtain Cerificates of Insurance evidencing 1 million in liability limits from all of your subcontractors. Prevailing Wage For policyholders in PA DE NJ and CA contact your CNA premium auditor for details concerning the records required relating to cash payments in lieu of prevailing fringe benefits. PA DE and NV do not allow overtime credit for Workers Compensation coverage. Overtime credit is allowed in all states for General Liability coverages. Please contact us with questions For policyholders in CT DE DC MA MD ME NH NJ NY PA RI VA VT WV CNA Premium Audit Dept. 1 Meridian Blvd Suite A301 Wyomissing PA 19610 Phone 800 847 2736 Fax 610 208 6571 For policyholders in all other states CNA Premium Audit Dept. 2405 Lucien Way Maitland FL 32794 6240 Phone 800 847 2736 Fax 407 919 3610 CNA One or more of the CNA companies provide the products andlor services described. The information s intended to present a general overview for ilusirative purposes only. It is not infended to constite a binding contract. Please remember that only the relevant insurance policy can provide the actual terms coverages amounts condiions and exclusions for an insured. Al products and services may not be avaiable in al states and may be subject to change without notice. CNA is registered trademark of CNA Financial Corporation. Copyright 2014 CNA. Al ighis reserved. PREM AUDIT FLR 052014 Compensation Liability s Operations Liability s Completed Operations bile Liability Liability iability Directors Liability Recall and Replacement E80 Correction of Work ings Cards r Ownership ments Tax Reports CNA | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To C6014687412 030315 030316 Named Insured And Address KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS Ks 66013 9610 Coverage Is Provided By Agency National Fire Insurance of Hartford 060692310 Agent LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION Is 81474.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. 89642171897 109Z10002000 ISSUE DATE 030315 | 2 |
696217.897109Z10002000 END OF COPY | 2 |
1 Missouri Hospltal Plan H SG F amzly of Compames 4700 Country Club Drive P. O. Box 1498 Jefferson City Missouri 65102 1498 573 893 5300 Member HEALTHCARE SERVICES GROUP SERVING MISSOURI HOSPITALS THIS POLICY JACKET WITH THE DECLARATIONS PAGE AND FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETES THIS POLICY Form GEN 2 165 1 ROL15 | 2 |
A. THIS POLICY CONSISTS OF declarations common policy conditions one or more coverage parts. A coverage part consists of one or more coverage forms and applicable forms and endorsements. COMMON POLICY CONDITIONS All Coverage Perts included in this policy are subject to the following conditions CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium b. 30 days before the effective date of cancellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy Changes in conditions after the effective date of this policy which have materially increased the risk assumed We become insolvent or We involuntarily lose reinsurance for this policy 60 days before the effective date of cancellation i we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. Ifnotice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concemning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. E. F. INSPECTIONS AND SURVEYS 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. NONRENEWAL 1. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the actual reason for nonrenewal at least sixty days prior to the effective date of the nonrenewal. 2. Ifnotice is mailed proof of mailing will be sufficient proof of notice. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the Scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Policy Jacket Page 2 Form GEN 2 165 1 R01 15 | 2 |
Missouri Hospital Plan 4700 Country Club Drive P.O. Box 1498 Jefferson City Missouri 65102 1498 COMMERCIAL LINES POLICY COMMON POLICY DECLARATIONS CUIVLY COMMON Policy Number HPG 1000053 18 01 Named Insured and Mailing Address Ray County Memorial Hospital 904 Wollard Boulevard Richmond MO 64085 9506 Renewal of Policy Number HPG 1000053 17 01 Policy Period From 07 01 2018 to 07 01 2019 at 1201 A.M. Standard Time 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 POLICY NUMBER DEPOSIT PREMIUM Commercial General Liability HPG 1000053 18 01 12903 Professional Liability HPG 1000053 18 01 26555 TOTAL 39458 DESCRIPTION Form of Business Organization Other than Partnership or Joint Venture OF BUSINESS Description Hospital Governmental Not for Profit FORMS AND ENDORSEMENTS Omitted if shown elsewhere in this policy Form GEN 2 165 1 R01 15 Form HPL 2 167 Form HGL 2 170 Form GEN 3 517 Form GEN 3 515 15 R01 18 Form GEN 3 696 1 R01 13 Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART COVERAGE FORMS AND FORMSSAND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. Form GEN 2 166 | 2 |
Missouri Hospital Plan 4700 Country Club Drive P.O. Box 1498 Jefferson City Missouri 65102 1498 PROFESSIONAL LIABILITY COVERAGE PART DECLARATIONS Policy Number HPG 1000053 18 01 Renewal of Policy Number HPG 1000053 17 01 Named Insured and Mailing Address Ray County Memorial Hospital 904 Wollard Boulevard Richmond MO 64085 9506 Policy Period From 07 01 2018 to 07 01 2019 at 1201 A.M. Standard Time 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. LIMITS OF Each Occurrence Limit. 2000000 INSURANCE Aggregate Limit 6000000 RETROACTIVE Enter Date or NONE if N0...... ooviiiiiiiiiiiiiiiiiiie i 01 01 1987 DATE Retroactive Date Applies Unless Otherwise Stated DESCRIPTION Form of Business OF BUSINESS Description Entry Optional if Shown in Common Policy Declarations PREMIUM Exposure Rate Per Deposit Units Exposure Unit Premium 07 01 2019 at 1201 A.M. Standard Time Exposure Units 15.94 Rate Per Exposure Unit 1666 Deposit Premium 26555 Hospital 15.94 1666 26555 Employed Specialists Total Deposit Premium 26555 Includes premium from all Classifications on this and any other Extension of Declarations pages FORMS AND ENDORSEMENTS Omitted if shown elsewhere in the policy Form HPL 2 168 Form HPL 2 169 6 R07 14 Form HPL 3 544 1 R04 13 Countersigned at Jefferson City Missouri By lQ muu Authorized Representative Form HPL 2 167 | 2 |
PROFESSIONAL LIABILITY EXTENSION OF DECLARATIONS Policy No. HPG 1000053 18 01 EXPOSURES Description of Exposures Ray County Memorial Hospital 904 Wollard Boulevard Richmond MO 64085 9506 PREMIUM BREAKDOWN Code Number of Deposit Classification Number Exposures Premium Hospital Acute Care Beds 93215 5 8063 Skilled Nursing Facility Beds 93201 3 3615 Hospital Outpatient Surgical Visits 93203 500 816 Emergency Room Visits 93216 6700 5431 Observation Visits 93204 80 133 Other Hospital Outpatient Visits 93205 10500 4215 Clinic Visits 93206 6600 2666 93209 4000 1616 Home Health Hospice Visits Form HPL 2 168 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM MISSOURI HOSPITAL PLAN HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverag not covered. e. Read the entire policy carefully to determine rights duties and what is and is Thmughput lhis policy the words you and your refer to the Named Insured shown in the Declarations and any other person ogm gammuon 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 Tl Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. SECTION I COVERAGES COVERAGE O HOSPITAL PROFESSIONAL LIABILITY 1. Insuring Agreement. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury to any person if such bodily injury resulted from your providing or failing to provide health care services or facilities to such person. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages O AND P. This insurance does not apply to bodily injury which occurred before the Retroactive Date if any shown in the Declarations or which occurs after the policy period. The bodily injury must be caused by an occurrence. The occurrence must take place in the coverage territory. 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 to which this insurance does not apply. But 1 The amount we will pay for damages is limited as described in Section III Limits Of Insurance 2 We may at our discretion investigate any occurrence and settle any claim or suit that may result and 3 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 O or P. Form HPI 2 169 6 R07 14 b. This insurance applies to bodily injury only if a claim for damages because of the bodily injury is first made against any insured during the policy period. 1 A claim by a person or organization seeking damages will be deemed to have been made when a We receive a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury resulting from your providing or failing to provide health care services or facilities or b Any insured receives a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury resulting from your providing or failing to provide health care services or facilities and we receive from you a copy of such written demand as soon as practicable or When we make settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Dan 1 11 b. This insurance applies to bodily injury only if a claim for damages because of the bodily injury is first made against any insured during the policy period. 1 A claim by a person or organization seeking damages will be deemed to have been made when a We receive a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury resulting from your providing or failing to provide health care services or facilities or b Any insured receives a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury resulting from your providing or failing to provide health care services or facilities and we receive from you a copy of such written demand as soon as practicable or When we make settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Dan 1 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury 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 arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location C which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i any insured or ii any person or organization for whom you may be legally responsible or 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 Bodily injury 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 arises out of the Page 2 of 11 2. Exclusions. This insurance does not apply to a. Expected or Intended Injury Bodily injury 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. Workers Compensation and Similar Laws Any obligation of an insured under a workers compensation disability benefits or unemployment compensation law or any similar law. c. Employer s Liability Bodily injury to 1 Any employee of an insured arising out of and in the course of a Employment by an insured or b Performing duties related to the conduct of an insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1 Whether an insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. d. Pollution 1 Bodily injury arising out of the actual alleged or threatened discharge dispersal seepage mMigration 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 Form HPL 2 169 6 R07 14 | 2 |
intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or 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 sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants e. Aircraft Auto or Watercraft Bodily injury 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 Form HPL 2 169 6 R07 14 HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM monitoring of others by that insured if the occurrence which caused the bodily injury 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 Bodily injury arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. f. Fungi or Bacteria Exclusion 1 Bodily injury which would not have occurred in whole or in part but for the actual alleged or threatened 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 concurrently or in any sequence to such injury or damage. 2 Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in Page 3 of 11 e | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM 1 A claim by a person or organization seeking damages will be deemed to have been made when a We receive a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of professional injury or b Any insured receives. a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of professional injury and we receive from you a copy of such written demand as soon as practicable or When we make settlement in accordance with Paragraph l.a. above. All claims for damages because of professional injury to the same person resulting at any time from the professional injury will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions. This insurance does not apply to Expected or Intended Injury Professional injury expected or intended from the standpoint of the insured. Workers Compensation and Similar Laws Any obligation of an insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employers Liability Professional injury to 1 Any employee of an insured arising out of and in the course of a Employment by an insured or b Performing duties related to the conduct of an insured s business or Page 4 of 11 any way responding to or assessing 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 consumption. g Punitive or Exemplary Damages Liability of an insured for punitive damages exemplary damages damages for aggravating circumstances attending the death of a person or any multiplied portion of compensatory damages. COVERAGE P CREDENTIALING LIABILITY 1. Insuring Agreement. We will pay those sums that the insured becomes legally obligated to pay as damages because of professional injury to any person who is was or applies to be a member of your medical or dental staff. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverage O and P. This insurance does not apply to professional injury which occurred before the Retroactive Date if any shown in the Declarations or which occurs after the policy period. The professional injury must be caused by an occurrence. The occurrence must take place in the coverage territory. 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 professional injury to which this insurance does not apply. But 1 The amount we will pay for damages is limited as described in Section I Limits Of Insurance 2 We may at our discretion investigate any occurrence and settle any claim or suit that may result and 3 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 Coverage O or P. b. This insurance applies to professional injury only if a claim for damages because of the professional injury is first made against any insured during the policy period. Form HPL 2 169 6 R07 14 | 2 |
2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above This exclusion applies 1 Whether an insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. d. Employee Retirement Income Security Act Any damages because of violation of the responsibilities obligations or duties imposed on fiduciaries by the Employee Retirement Income Security Act of 1974 as amended or provisions of any similar federal state or local law. e. Punitive or Exemplary Damages Liability of an insured for punitive damages exemplary damages or any multiplied portion of compensatory damages. SUPPLEMENTARY PAYMENTS COVERAGES O AND P We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. 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. 3. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including loss of earnings up to 250 a day because of time off from work. 4. 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. 5. 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. 6. 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 or posted an Form HPL 2 169 6 R07 14 HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM appeal bond for the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION I1 WHO IS AN INSURED 1 If you are designated in the Declarations as a. 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. b. 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. An organization other than a partnership or 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. d. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your employees and authorized volunteer workers other than employed specialists and your executive officers but only for acts within the scope of their employment by you. However none of these employees is an insured for bodily injury or professional injury to you or to a co employee while in the course of his or her employment. b. Any person other than your employee or authorized volunteer worker or any organization while acting as your real estate manager. Any person performing administrative duties at your request but only with respect to such duties. Administrative duties include service on any of your committees. d. For Coverage O any employed specialist who is specifically named in an endorsement attached to this policy and for whom an additional premium is charged. The endorsement will contain additional provisions applicable to insurance for employed specialists. Page 5of 11 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above This exclusion applies 1 Whether an insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Employee Retirement Income Security Act Any damages because of violation of the responsibilities obligations or duties imposed on fiduciaries by the Employee Retirement Income Security Act of 1974 as amended or provisions of any similar federal state or local law. Punitive or Exemplary Damages Liability of an insured for punitive damages exemplary damages or any multiplied portion of compensatory damages. Page 5of 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM e. 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 III 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 each occurrence limit is the most we will pay for the sum of damages under Coverage O and Coverage P because of all bodily injury and professional injury arising out of any one occurrence. 3. Subject to 2. above the aggregate limit is the most we will pay for the sum of damages under Coverage O and Coverage P. 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 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 Claim Or Suit. a. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured person and witnesses and 3 The nature of any injury arising out of the occurrence. Form HPL 2 169 6 R07 14 Notice of an occurrence is not notice of a claim. b. Ifa claim is received by an insured you must 1 Immediately record the specifics of the claim and the date received and 2 Notify us in writing and furnish us a copy of the claim as soon as practicable. Failure to do so may result in denial of the claim if such failure operates to prejudice our rights.. Youand 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 a 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 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. 4. Other Insurance. If other insurance self insurance self insured retention self insured trust or an insured s deductible is available Page 6 of 11 | 2 |
to an insuredfor a loss we cover under Coverages O and P of this Coverage Part our obligations are limited as follows a. Primary Insurance Except as provided in b. below or in any endorsement forming a part of this policy this insurance is primary. When this insurance is primary and the insured has other insurance which is stated to be applicable to the loss on an excess or contingent basis the amount of our liability under this policy shall not be reduced by the existence of such other insurance. b. Excess Insurance This insurance is excess over 1 Any self insured retention or insured s liability insurance deductible. 2 Any insurance available to an insured which provides coverage on a primary basis. 3 Any state federal or other governmental legal expense or indemnity fund. 4 Any other insurance whether primary excess contingent or on any other basis a That is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to bodily injury on other than a claims made basis if i No Retroactive Date is shown in the Declarations of this insurance or ii The other insurance has a policy period which continues after the Retroactive Date shown in the Declarations of this insurance b If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion e. of Section 1 Coverage O Hospital Professional Liability. 5 Any other primary insurance available to an insured covering liability for damages arising out of hospital professional liability or credentialing liability for which the insured has been added as an additional insured. When this insurance is excess over other insurance we will have no duty under Coverages O or P to defend theinsured against any suit if any other Form HPL 2 169 6 R07 14 HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we shall be entitled to the insured s rights against all such other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 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 such other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not acquired specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method of Sharing When both this insurance and other insurance apply to the loss on the same basis whether primary excess or contingent we shall not be liable under this policy for a greater proportion of the loss than that stated in the applicable contribution provision below 1 Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares we shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the shares of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of loss is paid and with respect to any amount of loss not so paid the remaining insurers then continue to contribute to equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. 2 Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares we shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the applicable limit of liability of all valid and collectible insurance against such loss. 5. Premium Audit. a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Page 7 of 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM a. This Coverage Part is cancelled or not renewed or b. We renew or replace this Coverage Part with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or 2 Does not apply to bodily injury or professional injury on a claims made basis. Extended Reporting Periods are available but only by endorsement and for an extra charge. The first extended period starts at the end of the policy period. You must give us a written request for an Extended Reporting Period within 30 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The exposures insured b. Previous types and amounts of insurance Limits of Insurance available under this Coverage Part for future payment of damages and d. Otherrelated factors. This endorsement shall set forth the terms not inconsistent with this section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for bodily injury or professional injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury or damage which are first received and recorded during the Extended Reporting Period will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. The first Named Insured must keep records of the information we need for premium computation and shall send us copies at such times as we may request. At the close of each audit period we shall be permitted but not obligated to request such records. If requested we will compute the earned premium for the policy period and send notice to the first Named Insured. The due date for additional audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premium paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. 6. Representations. By accepting this policy you agree The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and 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 As if each Named Insured were the only Named Insured and 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. SECTION V EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if Form HPL 2 169 6 R07 14 Page 8 of 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM 4. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this Covemge Part applies. SECTION VI DEFINITIONS 1 Authorized Volunteer Worker is any person who is your student and any person who performs duties under your direction and control without receiving compensation. Authorized Volunteer Worker does not include persons performing clinical duties for which they are not qualified by training or education. Auto means a. A land motor vehicle trailer or semi trailer 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. Coverage Territory means the United States of America including its territories and possessions Puerto Rico and Canada. Employee includes a leased worker. Employee does not include a temporary worker. Employed Specialist is any physician intern resident dentist nurse midwife CRNA nurse practitioner physician s or surgeon s assistant or clinical nurse specialist who is your employee or who performs duties under your direction and control in accordance with a contract. Executive Officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Health Care Services or Facilities means a. Medical surgical dental or nursing treatment including the furnishing of food or beverage to your patients b. Furnishing or dispensing drugs or medical dental or surgical supplies or appliances Form HPL 2 169 6 R07 14 10. 11. Handling of or performing post mortem examinations on human bodies and Service by a person as a member of your accreditation or similar committee or as a person charged with executing the directions of any such committee. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured contract means a. f. 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 A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement 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 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 arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders Page 9 of 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b.. 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.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include 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. 15. Occurrence a. As respects COVERAGE O means an accident including continuous or repeated exposure to substantially the same general harmful conditions. b. As respects COVERAGE P means any action or vote of your accreditation quality assurance or similar committee. 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 failing to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 12. 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. 13. 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. 14. 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 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 Form HPL 2 169 6 R07 14 Page 10 of 11 | 2 |
HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM 16. 17. 18. 19. Pollutants means any substance or material that is a solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals or waste. Waste includes materials to be recycled reconditioned or reclaimed. The definition of pollutants applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Professional Injury means an injury other than bodily injury arising out of actions by your accreditation quality assurance or similar committee resulting in denial restriction or termination of membership or privileges on your medical or dental staff to any person. Suit means a civil proceeding in which damages because of bodily injury or professional injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages and to which you must submit or submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Form HPL 2 169 6 R07 14 Page 11 of 11 | 2 |
Missouri Hospital Plan 4700 Country Club Drive P.0. Box 1498 Jefferson City Missouri 65102 1498 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number HPG 1000053 18 01 Renewal of Policy Number HPG 1000053 17 01 Named Insured and Mailing Address Ray County Memorial Hospital 904 Wollard Boulevard Richmond MO 64085 9506 Policy Period From 07 01 2018 to 07 01 2019 at 1201 A.M. Standard Time 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. LIMITS OF INSURANCE Each Occurrence Limit Damage To Premises Rented To You Limit Medical Expense Limit Personal and Advertising Injury Limit. 2000000 100000 Any one premises 5000 Any one person 2000000 Any one person or organization PR R R R General Aggregate Limit. 6000000 Products Completed Operations Aggregate Limi 6000000 RETROACTIVE DATES 07 01 2003 Unless 07 01 2003 Otherwise 07 01 2003 Stated Coverage A. Bodily Injury Property Damage Liability Coverage B. Personal Advertising Injury Liability Coverage C. Medical Payments DESCRIPTION Form of Business OF BUSINESS Description Entry Optional if Shown on Common Policy Declarations Location of all Premises you Own Rent or Occupy 1904 Wollard Boulevard Richmond MO Retroactive Date 07 01 2003 2904 Wollard Boulevard Richmond MO Retroactive Date 07 01 2003 Code Number Of Deposit Classification Number Exposures Premium 1 Health Care Facilities Hospital 44436 91617 Sq. Ft. 11709 2 Heliport 49950 1 Each 585 Including Products andor Completed Operations Total Deposit Premium 12903 FORMS AND ENDORSEMENTS Omitted if shown elsewhere in the policy Form HGL 2 171 Form HGL 2 172 9 R07 15 Form GEN 3 519 2 R04 13 Form GEN 3 520 2 Rd13 Countersigned at Jefferson City Missouri By m 1 Lw m Authorized Representative Countersigned at Jefferson City Missouri Form HGL 2 170 | 2 |
COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS Policy Number HPG 1000053 18 01 Page 1 LOCATION OF PREMISES Location of All Premises You Own Rent or Occupy 904 Wollard Boulevard Richmond MO Retroactive Date 07 01 2003 906 Wollard Boulevard Richmond MO Retroactive Date 07 01 2003 902 Wollard Boulevard Richmond MO Retroactive Date 02 01 2004 902 Wollard Boulevard Richmond MO Retroactive Date 02 01 2004 Township 51 North Range 27 West Richmond MO Retroactive Date 07 01 2007 916 B Wollard Boulevard Richmond MO Retroactive Date 03 12 2008 904 Wollard Boulevard Richmond MO Retroactive Date 07 01 2007 916 A Wollard Boulevard Richmond MO Retroactive Date 03 12 2008 363 t 3 3 I 3 o Sexaamaw PREMIUM Code Number of Deposit Classification Number Exposures Premium 3 Vacant Land 49452 4 Acres Inc 4 Vacant Building Not Factories 68607 3000 Sq. Ft. Inc. 5 Buildings or Premises Bank or Office 61218 9100 Sq. Ft. 253 Mercantile or Manufacturing Maintained by The Insured Lessor s Risk Only 6 Warehouses Private 68707 806 Sq. Ft. Inc. 7 Vacant Land 49452 82.5 Acres Inc. 8 Buildings or Premises Office Premises 61225 3545 Sq. Ft. 328 Primarily Occupied by Employees of the Insured 9 Other Garage 49950 1428 Sq. Ft. Inc. 10 Buildings or Premises Bank or Office 61218 1000 Sq. Ft. 28 Mercantile or Manufacturing Maintained by The Insured Lessor s Risk Only 806 Sq. Ft. 82.5 Acres 3545 Sq. Ft. Inc. Inc. 328 1428 Sq. Ft. 1000 Sq. Ft. Inc. 28 Including Products andor Completed Operations Form HGL 2 171 | 2 |
MISSOURI HOSPITAL PLAN COMMERCIAL GENERAL LIABLITY COVERAGE FORM PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the 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. 1 P T8 Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement 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 INl Limits of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 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 did not occur before the Retroactive Date shown in the Declarations or after the end of the policy period and 3 A claim for damages because of the bodily injury or property damage s first made Form HGL2 172 9 RO7 15. against any insured in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. A claim by a person or organization seeking damages will be deemed to have been made when 1 We receive a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury or property damage or 2 Any insured receives a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of bodily injury or property damage or 3 When we make settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. All claims for damages because of property damage causing loss to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions. This insurance does not apply to 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. Page10f 18 | 0 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in 2 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. Form HGL 2 172 9 R07 15 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 an insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 Any employee of an insured arising out of and in the course of a Employment by an insured or b Performing duties related to the conduct of an 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 an 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 an 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 occupied by or rented or loaned to any insured. However this subparagraph does not apply to 0 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 Page 2 of 18 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 iif Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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 demend order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. 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 iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 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 Form HGL 2 172 9 R07 15 Page3of18 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM e Bodily injury or property damage arising out of 0 The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or i The operation of any of the machinery or equipment listed in Paragraph.2 or f.3 of the definition 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Paged of 18 g. Aircraft Auto or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 that is an unmanned aircraft. 2 Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This Paragraph g.2 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Pargraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is 0 Less than 26 feet long and i Not being used to carry persons or property for a charge c 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 d Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or Form HGL 2 172 9 R07 15 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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. Access Or Disclosure of Confidential Or Personal Information And Data Related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to 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 ROM tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Recording and Distribution Of Material 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 or Page5of 18 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented to You as described in Section III 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 ageement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to Your Product Property damage to your product arising out of it or any part of it. 1. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use Form HGL 2 172 9 R07 15 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM 2 Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. 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 consumption. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section ITI Limits of Insurance. Punitive or Exemplary Damages Liability of an insured for punitive damages exemplary damages damages for aggravating circumstances attending the death of a person or any multiplied portion of compensatory damages. 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 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. Employment Related Practices Bodily injury or property damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 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 above occurs before employment during employment or after employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Fungi Or Bacteria 1 Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure 1o 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 concurrently or in any sequence to such injury or damage. 2 Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. 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 consumption. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section ITI Limits of Insurance. Punitive or Exemplary Damages Liability of an insured for punitive damages exemplary damages damages for aggravating circumstances attending the death of a person or any multiplied portion of compensatory damages. 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 III 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 Coverage A and B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if 1 The offense was committed in the coverage territory Page 6 of 18 Form HGL 2 172 9 R07 15 | 1 |
i COMMERCIAL GENERAL LIABILITY COVERAGE FORM Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g Quality Or Performance of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 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 websites for others or 3 An Internet search access content or service provider. However this exclusion does mnot apply to Paragraphs 15.a. b. and c. of personal and advertising injury under the Definitions section. For the purpose 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 2 The offense was not committed before the Retroactive Date shown in the Declarations or after the end of the policy period and 3 A claim for damages because of the personal and advertising injury is first made against any insured in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods.. A claim made by a person or organization seeking damages will be deemed to have been made when 1 We receive a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of personal or advertising injury Any insured receives a written demand from such person or organization or any authorized representative of such person or organization for payment of damages because of personal or advertising injury or 3 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of personal and advertising injury to the same person or organization as a result of an offense will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions. This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. 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 Retroactive Date shown in the Declarations. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Form HGL 2 172 9 R07 15 Page7 of 18 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 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. q. Employment Related Practices 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 Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 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 employment of that person 2 Whether the insured may be liable as an employer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 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 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 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 effect of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. r. Fungi Or Bacteria 1 Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened 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 Page8 of 18 p. Recording And Distribution Of Material 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 Form HGL 2 172 9 R07 15 | 1 |
contributed concurrently or in any sequence to such injury. COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Insuring Agreement. a. We will pay medical expenses as described below 2 Any loss cost or expense arising out of the for bodily injury caused by an accident abating testing for monitoring cleaning up. t removing containing treating detoxifying 1 Onpremises you own or rent neutralizing remediating or disposing of or in 2 On ways next to premises you own or rent or any way responding to or assessing the effects N of fungi or bacteria by any insured or by 3 Because of your operations any other person or entity. provided that Access or Disclosure of Confidential of Personal 1 The accident takes place Information a Inthe coverage territory Personal and advertising injury arising out of any N. access to or disclosure of any person s or g ggme Dite shownin organization s confidential or personal information including patents trade secrets processing Before the end of the policy period methods customer lists financial information Th B 4 withi credit card information health information or any th dfzi dwx rel ctcf 35 f ic i ion. N other type of nonpublic information as soon as practicable but no later than 30 This exclusion applies even if damages are days after the end of the policy period. claimed for notification costs credit monitoring However expenses reported to us after one expenses forensic expenses public relations year of the date of the accident will not be expenses or any other loss cost or expense denied solely because of late submission incurred by you or others arising out of any unless such late submission operates to access to or disclosure of any person s or prejudice our rights and anization fidential 1.. rimn 8 confidential or persona 3 The injured person submits to examination at. our expense by physicians of our choice as Punitive or Exemplary Damages often as we reasonably require. Liability of an insured for punitive damages b. We will make these payments regardless of fault. exemplary damages or any multiplied portion These payments will not exceed the applicable of compensatory damages. limit of insurance. We will pay reasonable expenses for Unmanned Aircraft... 1 First aid administered at the time of an Personal and advertising injury arising out accident of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to 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 P. a. Any Insured a The use of another s advertising idea in Y your advertisement or To any insured except volunteer workers. b. Hired Person b Infringing upon another s copyright trade dress or slogan in your advertisement. To any person hired to do work for or on behalf of any insured or a tenant of any insured. COVERAGE C MEDICAL PAYMENTS Form HGL 2 172 9 R07 15 Page9of 18 Page9 of 18 | 1 |
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