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. 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. 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. g. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury and Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Page 10 of 18 Form HGL 2 172 9 R07 15 | 1 |
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 II WHO IS AN INSURED 1. Ifyou are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers 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 or 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 Form HGL 2 172 9 R07 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a 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 a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 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. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occwrred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organijzation. Page 11 0f18 Page 11 0f18 | 1 |
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 is the most we will pay regardless of the number of a. Insureds 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 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 Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Adbvertising 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 Bach 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 the 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 Form HGL 2 172 9 R07 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM beginning of the policy period shown in the Declarations unless the policy period is extended after the 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 LIABLITY 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 offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. b. Ifaclaim is received by any insured you must 1 Immediately record the specifics of the claim 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 as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or 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. Page 12018 e or suits brought or A Page 12018 | 1 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Retroactive Date shown in the Declarations of this insurance b That is Fire Extended Coverage Builders Risk Installation Risk or similar coverage for your work c That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner d 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 e 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. 5 Any other primary insurance available to an insured covering liability for damages arising out of the premises or operations or the products and completed operations 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 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 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 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. Other Insurance. If other insurance self insurance self insured retention self insured trust or an insured s deductible is available to an insured for a loss we cover under Coverages A and B 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 or property damage on other than a claims made basis if i No Retroactive Date is shown in the Declarations of this insurance or i The other insurance has a policy period which continues after the Form HGL 2 172 9 R07 15 Page 13 of 18 | 1 |
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. 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. 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 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 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 eamed premium we will return the excess to the first Named Insured. 6. Representations. By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 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 8. 10. COMMERCIAL GENERAL LIABILITY COVERAGE FORM a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom a claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us. If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Your Right To Information We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding general liability claims made Coverage Part we have issued to you during the previous three years Claim And Occurrence a. A list or other record of each occurrence not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition. We will include the date and brief description of the occurrence if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately under any applicable General Aggregate Limit and Products Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant s representative without our consent. If we cancel or elect not to renew this Coverage Part we will provide such information no later than 30 days before the date of policy termination. In other circumstances we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will provide this information within 45 days of receipt of the request. We compile claim and occurrence information for our own business purposes and exercise reasonable care in te all premiums for this Coverage ce with our rules and rates. 1 in this Coverage Part as advance deposit premium only. The first d must keep records of the need for premium computation opies at such times as we may f each audit period we shall be not obligated to request such tested we will compute the earned t period and send notice to the first. The due date for audit and emiums is the date shown as the bill. If the sum of the advance and paid for the policy period is greater premium we will return the excess d Insured. licy you agree n the Declarations are accurate and ts are based upon representations and this policy in reliance upon your reds to the Limits of Insurance and any AP o Page 14 0f 18 Form HGL 2 172 9 R07 15 | 1 |
doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or non renewal will be effective even if we inadvertently provide inaccurate information. SECTION V EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if 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 property damage personal and advertising injury or medical payments on a claims made basis. 2. 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 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 1may 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 payments of damages and d. Other related 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. 3. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for bodily injury property damage personal and advertising injury or medical payments that occur before the end of the policy period but not before the Retroactive Date shown in the Declarations. Claims for such injury or damage which are first received and recorded during the Extended Reporting Form HGL 2 172 9 R07 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Period will be deemed to have been made on the last day of the policy period. Once in effect the Extended Reporting Period may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this Coverage Part applies. SECTION VI 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. 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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication Page 15 0f 18 EXTENDED REPORTING ts of insurance Page 15 0f 18 | 1 |
10. provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution 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. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. Anelevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Form HGL 2 172 9 R07 15 1L 12. 13. COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 roadbeds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above and supervisory inspection architectural or engineering activities. 3 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 mnot include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler threads Page 16 of 18 ramicac Hawever that nie rented to you or B you with permission of a d contract e agreement except in ruction or demolition feet of a railroad ired by ordinance to y except in connection b ity m d igreement Page 16 of 18 | 1 |
d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintaied primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or 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. 14. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 15. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False rrestdelention or imprisonment Form HGL 2 172 9 R07 15 16. 17. c g COMMERCIAL GENERAL LIABILITY COVERAGE FORM Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 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. Products completed operations hazard a. b. 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 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 2 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. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of Page 17 of 18 Page 17 of 18 | 1 |
18. 19. 20. 21. 22 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. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Volunteer worker means a person who is not your employee and who donates his or her work and acts Form HGL 2 172 9 R07 15 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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. 23. 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 A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials part or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. 24. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 sed materials or ations for which the in the Declarations or in a states that products ns are subject to the imit. le property including all at property. All such loss o oceur at the time of the d it or le property that is not such loss of use shall be time of the occurrence ance electronic data is not electronic data means s stored as or on created to or from computer ind applications software.. Page 18 of 18 | 1 |
MISSOURI HOSPITAL PLAN Endorsement No 1 This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance is subject to the deductible amounts shown in the following Schedule for those Coverages indicated in the Schedule SCHEDULE Coverage A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY PERSONAL AND ADVERTISING INJURY LIABILITY HOSPITAL PROFESSIONAL LIABILITY CREDENTIALING LIABILITY Amount and Basis of Deductible S 5000 Per OCCURRENCE 5000 Per OCCURRENCE 5000 Per OCCURRENCE 5000 Per OCCURRENCE Continued on Page 2 Contains Material Copyrighted by ISO Form GEN 3 517 Page 1 0f2 | 2 |
APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to all damages however caused 1 Our obligation under this insurance to pay damages on behalf of the insured applies only in excess of any deductible amounts shown in the Schedule as applicable to each coverage and the Limits of Insurance for each occurrence will be reduced by the amount of the deductible. Aggregate limits for such coverages if any shall not be reduced by the application of such deductible amount. The deductible amount applies to all damages as a result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to a. Our duty to defend the insured against any suits seeking those damages and b. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. 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. Contains Material Copyrighted by ISO Form GEN 3 517 Page20f2 | 2 |
MISSOURI HOSPITAL PLAN Endorsement No 2 This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. APPLICATION OF THE DOCTRINES OF SOVEREIGN OR OFFICIAL IMMUNITY This endorsement modifies insurance provided under the following HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. This insurance does not apply to any claim or suit which is barred by the doctrines of sovereign immunity or official immunity but we will have the right and duty to defend any such suit. No provision of this endorsement or of the policy to which it is attached shall constitute a waiver of our right or the right of any insured to assert a defense based on the doctrines of sovereign immunity or official immunity. 2. With respect to any insured subject to the liability limitation contained in Chapter 537.600 of the Revised Statutes of the State of Missouri the Limits of Insurance for the two perils specifically described in that Chapter shall not exceed a. 100000 for damages to any one person arising out of a single occurrence which takes place before August 28 1999 and 800000 for all damages arising out of a single occurrence which takes place between October 15 1978 and July 13 1989 or 1000000 for all damages arising out of a single occurrence which takes place between July 14 1989 and August 28 1999 or 300000 for damages to any one person arising out of a single occurrence which takes place on or after August 28 1999 and 2000000 for all damages arising out of a single occurrence which takes place on or after August 28 1999 305021 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2000 and 2033473 for all damages arising out of a single occurrence which takes place on or after January 1 2000 311913 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2001 and 82079420 for all damages arising out of a single occurrence which takes place on or after J anuary 1 2001 Form GEN 3 515 15 R01 18 Page 1 of 3 | 2 |
ee. 316656 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2002 and 2111043 for all damages arising out of a single occurrence which takes place on or after January 1 2002 321798 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2003 and 2145322 for all damages arising out of a single occurrence which takes place on or after January 1 2003 328011 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2004 and 2186741 for all damages arising out of a single occurrence which takes place on or after January 1 2004 335118 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2005 and 2234121 for all damages arising out of a single occurrence which takes place on or after January 1 2005 345499 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2006 and 2303326 for all damages arising out of a single occurrence which takes place on or after January 1 2006 355396 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2007 and 2369306 for all damages arising out of a single occurrence which takes place on or after January 1 2007 362849 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2008 and 2418992 for all damages arising out of a single occurrence which takes place on or after January 1 2008 378814 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2009 and 2525423 for all damages arising out of a single occurrence which takes place on or after January 1 2009 376378 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2010 and 2509186 for all damages arising out of a single occurrence which takes place on or after January 1 2010 381759 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2011 and 2545062 for all damages arising out of a single occurrence which takes place on or after January 1 2011 392734 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2012 and 2618230 for all damages arising out of a single occurrence which takes place on or after January 1 2012 398638 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2013 and Page2of 3 Form GEN 3 515 15 R01 18 | 2 |
hh. nn. 00. pp aq. 2657587 for all damages arising out of a single occurrence which takes place on or after January 12013. 403139 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2014 and 2687594 for all damages arising out of a single occurrence which takes place on or after January 1 2014 409123 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2015 and 2727489 for all damages arising out of a single occurrence which takes place on or after January 12015 410185 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2016 and 2734567 for all damages arising out of a single occurrence which takes place on or after January 1 2016 414418 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2017 and 2762789 for all damages arising out of a single occurrence which takes place on or after January 1 2017 420606 for damages to any one person arising out of a single occurrence which takes place on or after January 1 2018 and 2804046 for all damages arising out of a single occurrence which takes place on or after January 1 2018 The limitation on awards for liability provided for in d. and e. shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce. The current value of the limitation shall be calculated by the director of the department of insurance who shall furnish that value to the secretary of state who shall publish such value in the Missouri Register as soon after each January first as practicable but it shall otherwise be exempt from the provisions of section 536.021 RSMo. for any claim or suit. Form GEN 3 515 15 R01 18 Page3of3 | 2 |
MISSOURI HOSPITAL PLAN Endorsement No 3 This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOTRTI MITTITAYT AITD ACREFEMENT MISSOURI MUTUAL AID AGREEMENT This endorsement modifies insurance provided under the following HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM Hospitals who are members of Missouri Hospital Plan MHP or policyholders of Medical Liability Alliance MLA at the time of a medical disaster who purchase hospital professional andor commercial general liability insurance from MHP or MLA and who have entered into a Mutual Aid Agreement MAA with other signatory hospitals are hereby covered in the event of a medical disaster subject to the following conditions. A medical disaster is defined as a critical incident that exceeds the effective response capability of an individual hospital. For purposes of this extension of coverage covered MAA agreements will be those on file with the Missouri Hospital Association MHA. Agreements other than those on file with MHA must be submitted to and approved by MHP or MLA. MHP Member MLA Policyholder to MHP Member MLA Policvholder Coverage If a Receiving Hospital and a Lending Hospital are both members of Missouri Hospital Plan or policyholders of Medical Liability Alliance and Participating Hospital as defined by the MAA insurance coverage will be extended to the Lending Hospital and its employees agents or those otherwise insured under its policy with MHP as an additional insured under Section Il WHO IS AN INSURED of the Receiving Hospital s policy with MHP subject to all Conditions Exclusions Policy Limits Deductibles Endorsements and contract provisions applicable to the Receiving Hospital in the then effective insurance agreement between the Receiving Hospital and MHP. Coverage shall also comply with the General Provisions of Section XI. Paragraph C. Liability for Transferred Personnel Patients Equipment and Supplies of the MAA. In the event that the policy limits of a Receiving Hospital which are to be considered primary over any other limits are less than those of the Lending Hospital those of the Receiving Hospital must first be exhausted before the limits of the Lending Hospital may be called upon to respond and then such response will only take place at the written request to MHP by the Lending Hospital. Irrespective of the limits of coverage if said Lending Hospital does not inform MHP in writing that it desires its coverage to apply to a particular claim or claims on an excess basis MHP shall not be called upon to pay any claims losses settlements damages Form GEN 3 696 1 R01 13 Page1o0f2 | 2 |
Jjudgments legal expenses or any other costs in excess of the limits of liability provided to the Receiving Hospital under its insurance coverage with MHP or any self insurance arrangement. MHP Member MLA Policyholder to Non MHP Member Non MLA Policyholder Coverage If a Receiving Hospital is a member of MHP or policyholder of MLA and Lending Hospital is not a member of MHP or policyholder of MLA but is a Participating Hospital as defined by the MAA insurance coverage will be extended to the Lending Hospital and its employees agents or those otherwise insured under its hospital professional andor commercial general liability policy or self insurance as an additional insured under Section I WHO IS AN INSURED of the Receiving Hospital s policy with MHP subject to all Conditions Exclusions Policy Limits Deductibles Endorsements and contract provisions applicable to the Receiving Hospital in the then effective insurance agreement between the Receiving Hospital and MHP. Coverage shall also comply with the General Provisions of Section XI. Paragraph C. Liability for Transferred Personnel Patients Equipment and Supplies of the MAA. If the Lending Hospital is a member of MHP and has policy limits greater than those of the Non Member Receiving Hospital the MHP coverage issued to the Lending Hospital shall be considered excess coverage and the signatory hospitals agree that MHP shall not be liable for the payment of any claims losses settlements damages judgments legal expenses or any other costs until and unless the policy limits of the Receiving Hospital which shall be considered primary are exhausted. The Receiving Hospital must maintain insured or self insured limits of no less than 1 million per occurrence and 3 million in the aggregate. In the event that the policy limits of the Non member Receiving Hospital are less than those of the MHP member Lending Hospital those of the Receiving Hospital must first be exhausted before the limits of the Lending Hospital may be called upon to respond and then such response will only take place at the written request to MHP by the Lending Hospital. Irrespective of the limits of coverage if said Lending Hospital does not inform MHP in writing that it desires its coverage to apply to a particular claim or claims on an excess basis MHP shall not be called upon to pay any claims losses settlements damages judgments legal expenses or any other costs in excess of the limits of liability provided to the Receiving Hospital. This extension of coverage is made at no cost to Receiving andor Lending Hospitals who are members of MHP or policyholders of MLA at the time of the relevant medical disaster. Page 2 of 2 Form GEN 3 696 1 R01 13 | 2 |
MISSOURI HOSPITAL PLAN Endorsement No 4 This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Persons or Organizations Ray County Hospital Foundation A Fundraising Organization The additional insured above does not own or operate an institation with 24 hour acute care bed facilities. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Section IT Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. Contains Material Copyrighted by ISO Form GEN 3 519 2 R04 13 Page 1 of2 | 2 |
B. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section ITI Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page2of2 Contains Materia Copyrighted by ISO Form GEN 3 519 2 R04 13 | 2 |
MISSOURI HOSPITAL PLAN Endorsement No This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Persons or Organizations Caterpillar Financial Services Corporation andor its Assigns 2120 West End Avenue Nashville TN 37203 0001 with respect to leased equipment Contract Number EP161201 002 1 New 262D Caterpillar Skid Steer Loader. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Section II Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability 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 persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Contains Material Copyrighted by ISO Page 1 of 2 Form GEN 3 520 2 R4 13 Page 1 of 2 | 2 |
B. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section III Limits of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page20f2 Contains Material Copyrighted by ISO Form GEN 3 520 2 R4 13 | 2 |
MISSOURI HOSPITAL PLAN Endorsement No 6 This attaching clause is completed only when this endorsement is issued after policy issuance. ENDORSEMENT EFFECTIVE POLICY NUMBER NAMED INSURED Authorized Representative THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following HOSPITAL PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Additional Insured Persons or Organizations Ray County Hospital Foundation A Fundraising Organization The additional insured above does not own or operate an institution with 24 hour acute care bed facilities. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Section IT Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or professional injury caused in whole or in part by your acts or omissions of those acting on your behalf in the providing or failing to provide health care services or facilities. However 1. The isuran ce aficrdg loiclitornal insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Contains Material Copyrighted by 1SO Page 1 of 2 Form HPL 3 544 1 R04 13 Page 10f2 | 2 |
B. With respect to the insurance afforded to these additional insureds the following is added to Section I Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 Contains Materiel Copyrighted by ISO Form HPL 3 544 1 R04 13 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 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. 2. As used in this endorsement Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Form GEN 2 165 1 R01 15 Policy Jacket Page 3 | 2 |
ASBESTOS EXCLUSION ASBESTOS EXCLUSION This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of resulting from caused or contributed to by asbestos or exposure to asbestos or 2 The costs of abatement mitigation removal or disposal of asbestos or 3 Any supervision instructions warnings or advice given or which should have been given in connection with the above and 4 Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. SERVICES FURNISHED BY HEALTH CARE PROVIDERS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The rendering or failure to render a. Medical surgical dental x ray or nursing services treatment advice or instruction or the related furnishing of food or beverages b. Any health or therapeutic service treatment advice or instruction or Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. 2. The fumnishing or dispensing of drugs or medical dental or surgical supplies or appliances The handling or treatment of dead bodies including autopsies organ donation or other procedures or. Participating in or subject to credentialing activities. s MEDICAL PAYMENTS COVERAGE PATIENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusions are added to paragraph 2. Exclusions of Coverage C Medical Payments Section 1 Coverages We will not pay expenses for 1. Bodily injury to any patient who is being treated or cared for. 2. Medical services rendered to anyone by you or your employees or any person or organization under contract with you to provide these medical services. ASSESSMENT PROVISION This policy is issued on an assessable basis. Assessments may be levied in accordance with Missouri Hospital Plan Bylaws which are included in this policy by reference. AMENDMENT OF DEFINITION Wherever used in this policy the term premium shall mean assessment and the term advance premium shall mean deposit assessment. IN WITNESS WHEREOF Missouri Hospital Plan has caused this Policy to be signed by its President and Secretary at its home office in Jefferson City Missouri. Secretary Treasurer 4 President CEO Policy Jacket Page 4 Form GEN 2 165 1 R01 15 | 2 |
Figure 28 TAC 1.60a3 1 IMPORTANT NOTICE To obtain information or make a complaint 2 You may contact your title at telephone number. 3 You may call company s toll free telephone number for information or to make a complaint at 4 You may also write to company at 5 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 6 You may write the Texas Department of Insurance PO Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httplwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us 7 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact either the agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede comunicarse con su title al telephone number. Usted puede llamar al numero de telefono gratis de company s para informacion o para someter una queja al Usted tambien puede escribir a company Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas PO Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httplwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente o la Compania primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. U may also write to company at 149104 X 78714 9104 475 1771 plwww.tdi.state.tx.us onsumerProtectiontdi.state.tx.us | 2 |
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a 4.85 percent tax on a gross premium. Arch Insurance ARCH SPECIALTY INSURANCE COMPANY A Missouri Corporation Home Office Address Administrative Address 2345 Grand Blvd. Suite 900 Harborside 3 210 Hudson Street Suite 300 Kansas City MO 64108 Jersey City NJ 07311 1107 Tel 866 413 5550 TEXAS COMMERCIAL GENERAL LIABILITY POLICY DECLARATIONS Policy No. DPC0057810 02 Renewal of DPC0057810 01 Policy No. DPC0057810 02 Renewal of DPC0057810 01 Effective Date November 8 2016 Expiration Date October 1 2017 At 1201 am standard time at the mailing address of the Named Insured shown below. Item 1. Named Insured and Producer Named Insured Craneworks Inc. Mailing Address 7795 E. Little York Road Houston TX 77016 Producer Worldwide Facilities LLC Mailing Address 300 S. Wacker Drive Suite 245 Chicago IL 60606 Surplus Line Producer Worldwide Facilities LLC Mailing Address Ernst Young Building 725 S. Figueroa Street Suite 1900 Los Angeles CA 90017 Surplus Lines License Number 14971 Item 2. Named Insured Classified as Individual Partnership X Corporation Trust Joint Venture LLC LLP Other Producer Mailing Address 06 CGL0047 44 03 07 Page 1 of 2 | 2 |
Item 3. Limits of Insurance Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 Any one person or organization Damage to Premises Rented to You Limit 100000 Any one premises General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Item 4. Policy Premium 102161.00 Deposit Premium 102161.00 A flat charge per each policy period X Adjustable per the Premium Computation Endorsement Minimum Retained Audit 91944.90 Premium Minimum Retained 25540.25 Not subject to adjustment in the event of Premium cancellation by you. Item 5. Forms Endorsements attached See Schedule of Forms and Endorsements Form 00 ML0012 00 01 03 IN CONSIDERATION OF THE PAYMENT OF PREMIUM AND IN RELIANCE UPON STATEMENTS MADE IN THE APPLICATION THIS POLICY INCLUDING ALL ENDORSEMENTS ISSUED HEREIN SHALL CONSTITUTE THE CONTRACT BETWEEN THE COMPANY AND THE NAMED INSURED. Arch Specialty Insurance Company is licensed in the state of Missouri only. 1000000 1000000 100000 2000000 2000000 Any one person or organization Any one premises Minimum Retained Audit Premium Minimum Retained Premium Item 5. Forms Endorsements attached This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and this insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of 4.85 tax on gross premium. Worldwide Facilities LLC License 14971 Texas Surplus Lines Tax Stamping Fee Premium s 102161.00 Broker Fee i Company Fee 3 N 4.85 State Tax 4954.81 0.15Stamping Fee 153.24 06 CGL0047 44 03 07 Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED Craneworks Inc. TERM November 8 2016 to October 1 2017 POLICY NUMBER DPC0057810 02 ENDT. NO. FORM NO. TITLE 00 CGL0098 00 10 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM 06 ML0002 00 12 14 SIGNATURE PAGE ARCH SPECIALTY 00 MLOOB5 00 06 07 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 06 ML0014 00 03 08 CLAIMS HANDLING PROCEDURES 00 CGLO038 00 09 06 EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT 00 ML0042 44 07 09 IMPORTANT NOTIGE TO ALL TEXAS POLICYHOLDERS 2 00 ML0003 00 04 12 SERVICE OF SUIT 3 00 CGL0107 00 05 12 PREMIUM COMPUTATION ENDORSEMENT COMMERGIAL GENERAL LIABILITY POLICY VERSION 4 00 CGLO099 00 06 14 DEDUCTIBLE LIABILITY ENDORSEMENT 5 00 CGL0072 00 09 06 NAMED INSURED ENDORSEMENT 6 00 CGL0007 00 10 07 CROSS SUITS EXCLUSION ENDORSEMENT 7 00 CGLO121 00 09 06 WAIVER OF SUBROGATION ENDORSEMENT 8 00 CGLO041 00 07 07 WRAP UP EXCLUSION ENDORSEMENT 9 00 CGL0039 00 09 06 ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT 00 CGL0080 00 09 06 RESIDENTIAL AND RESIDENTIAL CONVERSION EXCLUSION ENDORSEMENT 00 CGL0016 00 09 06 EXTERIOR INSULATION AND FINISH SYSTEMS EXCLUSION ENDORSEMENT 00 CGL0023 00 09 06 TOTAL POLLUTION EXCLUSION ENDORSEMENT 00 CGL0366 00 01 10 ADDITIONAL INSURED DESIGNATED ENTITY ENDORSEMENT PRIMARY AND NON CONTRIBUTORY 00 CGL0243 00 05 08 DESIGNATED LOCATION OR PROJECT GENERAL AGGREGATE LIMIT AND POLICY AGGREGATE LIMIT ENDORSEMENT 00 CGL0220 00 09 06 TOTAL TERRORISM EXCLUSION ENDORSEMENT 00 ML0012 00 01 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES BODILY INJURY PROPERTY DAMAGE PERSONAL AND ADVERTISING INJURY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for any injury or damage to which this insurance does not apply. We may at our sole discretion investigate any occurrence or offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Ill LIMITS OF INSURANCE and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the SUPPLEMENTARY PAYMENTS part of this policy. b. This insurance applies to 1 Bodily injury and property damage only if a The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory b The bodily injury or property damage occurs during the policy period and c The bodily injury or property damage commences on or after the Effective Date of this policy. Bodily injury or property damage which is a continuation of or arises out of relates to or results from in whole or in part injury or damage that commences before the Effective Date of this policy does not commence after the Effective Date of this policy. 2 Personal and advertising injury only if 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 28 with its permission. | 0 |
a The personal and advertising injury is caused by an offense arising out of your business and committed in the coverage territory b The offense is committed during the policy period and c The personal and advertising injury commences on or after the Effective Date of this policy. Personal and advertising injury which is a continuation of or arises out of relates to or results from in whole or in part injury that commences before the Effective Date of this policy does not commence after the Effective Date of this policy. c. If any occurrence or offense covered under this policy is also covered in whole or in part under any other commercial general liability policy issued to you by us or by any of our related or affiliated companies including but not limited to prior policies issued to you by us or by any of our related or affiliated companies the most that will be paid under all such policies covering the occurrence or offense is the single highest applicable limit of liability of one of the policies which cover the occurrence or offense. This provision does not apply to policies written by us or by any of our related or affiliated companies as insurance that applies in excess of this insurance. 2. Exclusions The exclusions contained herein and any exclusions contained in endorsements to this policy apply regardless of whether any cause event material or product contributed concurrently or in any sequence to the injury or damage. This insurance does not apply to any claim suit demand or loss that alleges a. Expected Or Intended Injury Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from injury or damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a third party are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract b Such party is not an insured other than an additional insured added by endorsement to this policy and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 28 with its permission. | 1 |
c Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by the insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar laws. Employer s Liability Bodily injury that in any way in whole or in part arises out of relates to or results from injury to 1 An employee or temporary worker of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 3 of 28 with its permission. | 1 |
2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Any bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a b c d 00 CGL0098 00 10 13 At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests iiy Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any person or entity for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released Includes copyrighted material of Insurance Services Office Inc. Page 4 of 28 with its permission. | 1 |
e as part of the operations being performed by such insured contractor or subcontractor iiy Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or To the extent that any such bodily injury or property damage is included in the products completed operations hazard. Any loss cost or expense that in any way in whole or in part arises out of relates to or results from any a b Request demand order or statutory or regulatory requirement or any other action authorized or required by law that any insured or others investigate test for monitor clean up remove dispose of contain treat abate remediate detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of investigating testing for monitoring cleaning up removing disposing of containing treating abating remediating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence or offense which caused the injury or damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 5 of 28 with its permission. | 1 |
1 A watercraft while ashore on premises you own or rent A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage that in any way in whole or in part arises out of relates to or results from 1 i. War The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1 War including undeclared or civil war or Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 6 of 28 with its permission. | 1 |
5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION Il LIMITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage To Your Product Property damage to your product arising out of your product or any part of your product. I Damage To Your Work Property damage to your work arising out of your work or any part of your work and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Exclusions j. through m. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Il LIMITS OF INSURANCE. n. Recall Of Products Work Or Impaired Property 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 7 of 28 with its permission. | 1 |
Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Asbestos Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the asbestos hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of asbestos as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. As used in this exclusion asbestos hazard means 1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of asbestos in any manner or form whatsoever either directly or indirectly 2 the actual or alleged failure to warn advise or instruct related to asbestos in any manner or form whatsoever 3 the actual or alleged failure to prevent exposure to asbestos in any manner or form whatsoever 4 the actual or alleged presence of asbestos in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. As used in this exclusion asbestos means any substance regardless of its form or state containing asbestos. Nuclear Liability Any injury or damage 1 with respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 8 of 28 with its permission. | 1 |
resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization or under any Liability Coverage to any injury or damage resulting from hazardous properties of nuclear material if a The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 5 6 Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium ii processing or utilizing spent fuel or iii handling 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 9 of 28 with its permission. | 1 |
processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. 8 Property damage includes all forms of radioactive contamination of property. Employment Related Practices Any injury or damage to 1 A person arising out of any a Refusal to employ b Termination of that person s employment or c Employment related practices policies acts or omissions such as hiring promotion coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person d Action under Title VII of the 1964 Civil Rights Act andor any amendments thereto or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in Paragraphs a b c or d above is directed. This exclusion applies 1 Whether the insured may be held liable as an employer prospective employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Prior Loss Any bodily injury property damage or personal and advertising injury if such injury or damage is a continuation of or arises out of injury or damage that commenced prior to the Effective Date of the policy. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 10 of 28 with its permission. | 1 |
s. Fungi or Bacteria Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the fungi or bacteria hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. This exclusion does not apply to any fungi or bacteria that are are on or are contained in food or beverages. This exclusion applies regardless of whether any cause event material or product contributed concurrently or in any sequence to any such injury or damage. As used in this exclusion fungi or bacteria hazard means 1 actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of fungi or bacteria in any manner or form whatsoever either directly or indirectly 2 the actual or alleged failure to warn advise or instruct related to fungi or bacteria in any manner or form whatsoever 3 the actual or alleged failure to prevent exposure to fungi or bacteria in any manner or form whatsoever or 4 the actual or alleged presence of fungi or bacteria in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. As used in this exclusion fungi or bacteria include without limitation mold mildew yeast spores mycotoxins endotoxins or other pathogens as well as any particulates or byproducts of any of the foregoing either directly or indirectly. Lead Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the lead hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of lead as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. As used in this exclusion lead hazard means 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 11 of 28 with its permission. | 1 |
1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of lead in any manner or form whatsoever either directly or indirectly the actual or alleged failure to warn advise or instruct related to lead in any manner or form whatsoever the actual or alleged failure to prevent exposure to lead in any manner or form whatsoever or the actual or alleged presence of lead in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. Intellectual Property Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the actual or alleged infringement violation or defense of any of the following rights or laws 1 5 Various Personal and Adverti copyright other than infringement in your advertisement of copyright or slogan patent trade secrets trade dress or trademark service mark certification mark collective mark or trade name other than trademarked or service marked titles or slogans. ing Injury Offenses Personal and advertising injury 1 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury That in any way in whole or in part arises out of relates to or results from oral or written publication of material or any television radio or other electronic publication or broadcast of any kind whatsoever including but not limited to publication by means of Internet extranet e mail website web conference instant messaging or texting tweeting social media or by other similar means if done by or at the direction of the insured with knowledge of its falsity That in any way in whole or in part arises out of relates to or results from oral or written publication of material or any television radio or other electronic publication or broadcast of any kind whatsoever including but not limited to publication by means of Internet extranet e mail website web conference instant messaging or texting tweeting social media or by other similar means whose first publication or broadcast took place before the beginning of the policy period That in any way in whole or in part arises out of relates to or results from a criminal act committed by or at the direction of the insured 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 12 of 28 with its permission. | 1 |
5 6 9 10 11 Silica For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement That in any way in whole or in part arises out of relates to or results from a breach of contract That in any way in whole or in part arises out of relates to or results from the failure of goods products or services to conform with any statement of quality or performance made in your advertisement That in any way in whole or in part arises out of relates to or results from the wrong description of the price of goods products or services stated in your advertisement Committed in whole or in part by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c Anlnternet search access content or service provider. However this exclusion does not apply to Paragraphs 15. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chatroom or bulletin board online forum or community usenet or other similar type of venue the insured hosts owns or over which the insured exercises control Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1 the actual alleged or threatened exposure to consumption of ingestion of inhalation of or absorption of silica either directly or indirectly the actual alleged or threatened exposure to consumption of ingestion of inhalation of absorption of existence of or presence of silica dust either directly or indirectly the actual or alleged failure to warn advise or instruct related to silica in any manner or form whatsoever the actual or alleged failure to prevent exposure to silica. This exclusion includes but is not limited to compliance with any request demand order or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 13 of 28 with its permission. | 1 |
statutory or regulatory requirement or any other action authorized or required by law or any other claim suit demand loss cost or expense arising out of relating to or resulting from the investigation of abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica as well as any costs fees expenses penalties judgments fines or sanctions arising or resulting therefrom or relating thereto. As used in this exclusion 1 Silica means any substance containing silicon dioxide SiO2 including but not limited to crystalline or non crystalline silica silica particles silica compounds silica dust or synthetic silica including but not limited to precipitated silica silica gel fumed silica or silica flour. 2 Silica dust means dust containing silica alone or mixed with any other dust or fibers. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However the exclusion does not apply to liability for damages because of bodily injury. Violation of Communication or Information Laws Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the violation or alleged violation of 1 The Telephone Consumer Protection Act TCPA the Controlling the Assault of Non Solicited Pornography and Marketing Act CAN SPAM or the Drivers Privacy Protection Act including any amendments or additions to the foregoing 2 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 3 Any other federal state or local statute regulation or ordinance that addresses limits or prohibits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Access or Disclosure of Confidential Information and Data related Liability Bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 14 of 28 with its permission. | 1 |
expenses forensic expenses public relations expenses or any other loss cost or expenses incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 applies this exclusion does not apply to damages because of bodily injury. Remedies Other Than Damages Further this insurance does not apply to fines penalties restitution or equitable relief. SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorney s fees or attorney s expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 15 of 28 with its permission. | 1 |
indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of the indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as SUPPLEMENTARY PAYMENTS. Notwithstanding the provisions of Paragraph 2. b. 2 of SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend the insured s indemnitee and to pay for attorney fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 16 of 28 with its permission. | 1 |
respect to their duties as your managers in the conduct of your business. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors in the conduct of your business. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees in the conduct of your business. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties directly related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties directly related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing duties directly related to the conduct of your business or to your other volunteer workers while performing duties directly related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 17 of 28 with its permission. | 1 |
2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other insurance available to that organization. However coverage under this provision a. Is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. Further 1 Any newly acquired or formed organization that is not reported to us within the time period described in subparagraph 3. a. above is not an insured under this policy and 2 Following the end of the 90 day described in subparagraph 3. a. above with respect to such newly acquired or formed organization we reserve the right to exclude coverage or to charge additional premium or to amend the terms and conditions of coverage. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Damages for bodily injury or property damage except such damages included in the products completed operations hazard and b. Damages for personal and advertising injury. 3. The Products Completed Operations Aggregate Limit is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay for 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 18 of 28 with its permission. | 1 |
the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to Paragraphs 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages because of all bodily injury and property damage arising out of any one occurrence. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. The Limits of Insurance apply to the policy period set forth in the Declarations or any endorsements thereto. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or an offense is not notice of a claim. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 19 of 28 with its permission. | 1 |
4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance is excess over any other valid and collectible insurance that applies to any claim or suit to which this insurance applies whether such other insurance is written on a primary excess contingent or on any other basis except if that other insurance is specifically written to apply excess of this insurance and this insurance will not contribute with any other such insurance. However this condition does not apply to Commercial General Liability insurance policies issued to you by us as described in subparagraph c. of the Insuring Agreement Part 1 of SECTION COVERAGES. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. The premium shown in this policy as the Deposit Premium is an advance premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the Deposit and any audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. However such return is subject to the Minimum Retained Audit Premium shown in Item 4. of the Declarations. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 20 of 28 with its permission. | 1 |
c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured this insurance applies a. b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair our rights. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata and any refund will be subject to the Minimum Retained Premium shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. If this policy is cancelled and the Policy Premium is adjustable the Minimum Retained Audit Premium shown in Item 4 of the Declarations will be pro rated commensurate with the resulting coverage period and that pro rated amount will be the new Minimum Retained Audit Premium. Notwithstanding the premium calculation determined by a premium audit or by premium additions or returns during the policy period the amount of the Deposit Premium that we retain shall be no less than the pro rated Minimum Retained Audit Premium. In the event that the first Named Insured cancels the policy the amount that we retain shall be no less than the pro rated Minimum Retained Audit Premium or the Minimum Retained Premium shown in Item 4 of the Declarations whichever is greater. If the policy is subject to audit a premium audit will be conducted to determine the amount of return premium due subject to the minimum premiums described above. If the policy is 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 21 of 28 with its permission. | 1 |
10. 11. 12. 13. cancelled by the first Named Insured and the insured does not allow us to conduct the premium audit or fails to cooperate with us in its completion then no premium will be returned. h. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Inspection We shall be permitted but not obligated to inspect sample and monitor on a continuing basis the insured s property or operations at any time. Neither our right to make inspections sample and monitor nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the insured or others to determine or warrant that property or operations are safe or healthful or conform to acceptable engineering practice or are in compliance with any law rule or regulation. Named Insureds a. The first Named Insured shown in the Declarations is authorized to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy 2 Al obligations that arise due to any deductibles applicable under this policy and 3 Any other financial obligations of the Named Insured to us arising out of any agreements contained in this policy. Transfer of Your Rights and Duties under this policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death to an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast published or distributed to market segments or to the general public about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 22 of 28 with its permission. | 1 |
services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 23 of 28 with its permission. | 1 |
10. a. b. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. b. The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Insured contract means a. A written contract for a lease of premises. However that portion of the written contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A written sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality A written elevator maintenance agreement That part of any other written contract or written agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any written contract or written agreement. Paragraph f. does not include that part of any written contract or written agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 2 above or supervisory inspection architectural or engineering activities. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 24 of 28 with its permission. | 1 |
11. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 12. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 13. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 25 of 28 with its permission. | 1 |
14. 15. 16. 17. 18. c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following enumerated offenses referred to throughout this policy as offense a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication of material in any manner that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright or slogan in your advertisement. All personal and advertising injury arising out of the same or similar material regardless of the mode in which such material is communicated including but not limited to publication by means of Internet extra net email or website will be considered as arising solely out of one offense. Policy period means the period of time from the Effective Date shown in the Declarations to the earlier of the Expiration Date shown in the Declarations or if cancelled the effective date of cancellation. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes without limitation materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 26 of 28 with its permission. | 1 |
19. 20. 21. 22. 23. 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 27 of 28 with its permission. | 1 |
a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 24. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. 00 CGL0098 00 10 13 Includes copyrighted material of Insurance Services Office Inc. Page 28 of 28 with its permission. | 1 |
Arch Insurance Signature Page IN WITNESS WHEREOF Arch Specialty Insurance Company has caused this policy to be executed and attested. ettt Patrick K. Nails Secretary 2J Ny John Mentz President 06 ML0002 00 12 14 Page 1 of 1 | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 00 ML0065 00 06 07 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
Claims Handling Procedures An important value of your insurance coverage is the ability of the insurance company to respond when you have a claim. Arch Specialty Insurance Company is committed to providing its insureds with effective claim services. Notices of each incident claim or suit must be sent immediately to Arch Specialty Insurance Company E S Casualty Claims 1299 Farnam Street Suite 500 Omaha NE 68102 P.O. Box 542033 Omaha NE 68154 Phone 877 688 ARCH 2724 Fax 866 266 3630 E mail ClaimsArchinsurance.com You will be contacted by a representative of the company s Claim Department. This representative will confirm receipt of the loss notice directly to you provide a company claim number for all future correspondence refer to legal counsel if necessary and discuss further handling of the claim. 06 MLO0014 00 03 08 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000.00 Each Each Programs Employee Employee 1000000.00 Aggregate Retroactive Date 11082014 If no entry appears above with respect to the Aggregate then the Aggregate limit will be 1000000. If no entry appears above with respect to the Retroactive Date then the Retroactive Date will be the policy period inception date. A The following is added to SECTION COVERAGES COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of any negligent act error or omission by the insured or of any person for whom the insured is legally liable in the administration of the insureds employee benefit program to which this insurance applies. But 1 The amount we will pay for damages is limited as described in Paragraph C. of this endorsement and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settiements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. b. This insurance applies to damages only if 1 The negligent act error or omission did not take place before the Retroactive date if any shown in the Schedule nor after the end of the policy period and 2 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 10f 9 with its permission. Employe | 2 |
endorsement. A claim seeking damages will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. A claim received and recorded by the insured within sixty 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with any workers compensation unemployment compensation insurance social security or disability benefits laws or any similar laws. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 2 0f 9 with its permission. | 2 |
g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of employment related practices to 1 A person arising out of any a Refusal to employ b Termination of a persons employment or c Employment related practices policies acts or omissions including but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or d Action under Title VII of the 1964 Civil Rights Act andor any amendments thereto or 2 any other person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b c or d above is directed. This exclusion applies 1 Whether or not the insured may be held liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of any such injury. B. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of SECTION Il WHO IS AN INSURED are deleted in their entirety and replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 30of 9 with its permission. | 2 |
Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until ninety 90 days after you acquire or form the organization or the end of the policy period whichever is earlier. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. C. For the purposes of the coverage provided by this endorsement SECTION il LIMITS OF INSURANCE is deleted in its entirety and replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. The Aggregate Limit is the most we will pay for all damages to which this insurance applies. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of 1 A negligent act error or omission or 2 A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The limits of the coverage provided by this endorsement apply to the policy period set forth in the Declarations or any endorsements thereto. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 4 of 9 with its permission. | 2 |
2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. D. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS are deleted in their entirety and replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 50f 9 with its permission. | 2 |
3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period and that applies to an act error or omission on other than a claims made basis if the other insurance has a policy period which continues after the Retroactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorsement. c. Method Of Sharing Except with respect to the insurance described in item b.1 above if all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance of all insurers. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 6 of 9 with its permission. | 2 |
For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a Claims Made Coverage Form replaces any similar Section in that Coverage Form EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. An Extended Reporting Period of five 5 years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within sixty 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing S0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 7 of 9 with its permission. | 2 |
Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. F. For the purposes of the coverage provided by this endorsement only the following definitions are added to the SECTION V DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claims means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. G. For the purposes of the coverage provided by this endorsement Definitions 6. and 20. in SECTION V DEFINITIONS are deleted in their entirety and replaced by the following 6. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 8 of 9 with its permission. | 2 |
20. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. All other terms and conditions of this Policy remain unchanged. Endorsement Number 1 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0038 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 9 of 9 with its permission. | 2 |
IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE To obtain information or make a complaint You may call Arch Insurance Group s toll free telephone number for information or to make a complaint at 1 866 413 5550 You may also write to Arch Insurance Group at Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar al numero de telefono gratis de Arch Insurance Group para informacion o para someter una queja al 1 866 413 5550 Usted tambin puede escribir a Arch Insurance Group Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al You may call Arch Insurance Group s toll free telephone number for information or to make a complaint at 1 866 413 5550 You may also write to Arch Insurance Group at Arch Insurance Group Harborside 3 240 Hudson Street Suite 300 Jersey City NJ 07311 1107 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin TX 78714 9104 Fax 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el Arch Insurance Group primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 ML0042 44 07 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT It is agreed that 1. In the event of the failure of the Insurer to pay any amount claimed to be due hereunder the Insurer at the request of the Insured will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such court jurisdiction. All matters arising under this Policy shall be determined in accordance with the law and practice of such Court provided that nothing shall prohibit the Insurer from removing any action suit or proceeding to a United States District Court. The Insurer shall abide by the final decision of such court or any appellate court in the event of an appeal. 2. Service of process in the above described action suit or proceeding may be made upon General Counsel Arch Specialty Insurance Company Harborside 3 210 Hudson Street Suite 300 Jersey City NJ 07311 1107. Upon the request of the Insured such General Counsel shall give a written undertaking to enter an appearance on behalf of the Insurer in the event that such an action suit or proceeding shall be instituted. 3. Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Insurer hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified in such statute as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted against the Insurer upon this Policy. The Superintendent Commissioner or Director of Insurance or other officer is hereby authorized and directed to accept service of process on behalf of the Insurer in any such action suit or proceeding and to mail a copy of such process to the above mentioned General Counsel. All other terms and conditions of this Policy remain unchanged. Endorsement Number 2 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 ML0003 00 04 12 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT COMMERCIAL GENERAL LIABILITY POLICY VERSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. The Deposit Premium set forth in Item 4. of the Declarations is adjustable and is only an estimated premium for the Audit Period shown below. The final earned premium for the Audit Period shall be determined as specified in Condition 5 Premium Audit of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. The Audit Premium shall be computed by applying the Rate of 1.8180 per each 1000 of the Premium Base identified in 2. below. Such Rate is net of any taxes licenses or fees. However the final premium calculation for the policy period shall be no less than the Minimum Retained Audit Premium as stated in Item 4. of the Declarations. Unless otherwise specified in this Policy the Audit Period will be the same as the policy period or if this policy is cancelled the Audit Period will be from the Effective Date of the policy to the effective date of cancellation. 2. The Premium Base shall be identified in A and B below A Premium Base Gross sales excluding aircraft products intracompany sales e.g. subsidiary to subsidiary partner to partner etc. and foreign sales. Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos X Other Describe Gross Sales Estimated Exposures 55000000 00 CGL0107 00 05 12 Page 1 of 2 | 2 |
B Specific Deletions From Premium Base If Any Designated Products Designated Operations Other All other terms and conditions of this Policy remain unchanged. Endorsement Number 3 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0107 00 05 12 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule 1. Specific coverages to which a deductibles applies and amount of deductibles Coverage Amount of Deductible X All coverages 5000 Products Completed Operations All coverages other than Products Completed Operations 2. The deductible applies to X Damages and Supplementary Payments Damages Only 3. A Deductible Aggregate applies as follows The deductibles shown in item 1 of this Schedule is subject to a Deductible Aggregate amount of. Once the loss payments actually paid by us and reimbursed by you to us equals or exceeds the Deductible Aggregate amount your deductibles shown in item 1. above will be reduced to. However in the event that this policy is subject to audit and if the final total audited Premium Bases is greater than the total Estimated Exposures both of which are shown in the Premium Computation endorsement of this policy then the Deductible Aggregate will increase in the same proportion that the final total audited Premium Bases bears to the total Estimated Exposures. If no Deductible Aggregate is shown then there is no aggregate on the cumulative amount of deductible payments for which the insured is responsible. Application of the Deductible Liability Endorsement The deductibles set forth in the Schedule apply to damages and Supplementary Payments or damages only if the appropriate box is checked in the Schedule on a peroccurrence or per offense basis. The insured is responsible for payment of the deductibles. The insured is responsible for all payments within the deductible amount. Subject to the Limits of Insurance and all other terms and conditions for this policy our obligation to pay damages and expenses on your behalf applies only to the amount of damages and expenses in excess of the deductible amounts set forth in the Schedule. We may pay part or the entire deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount that has been paid by us. The Limits of Insurance are not increased by the presence of a deductible. Further our obligation under SECTION COVERAGES to pay damages on behalf of the insured applies only to the amount of damages in excess of any deductible amounts shown in the Schedule that are applicable to such coverages and the applicable Limits of Insurance shall be reduced by the amount of such deductibles. The Limits of Insurance set forth in this policy as aggregate for such coverages shall not d amount of deductibles BT Coverage ted Operations er than Products Completed Operations pplies to pplementary Payments gregate applies as follows Amount of Deductible 5000 00 CGL0099 00 06 14 Page 1 of 2 | 2 |
be reduced by the application of such deductible amounts. All other terms and conditions of this Policy remain unchanged. Endorsement Number 4 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0099 00 06 14 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT Item 1. of the Declarations is amended to include the following entities as Named Insureds Craneworks Inc. Craneworks Rentals LLC Collis Craneworks Inc. ACDC Investments LLC Property Ownership Entity KADC Investments LLC Property Ownership Entity Collis Leasing LLC Property Ownership Entity Craneworks Southwest LLC Collis Craneworks Northeast LLC All other terms and conditions of this policy remain unchanged. Endorsement Number 5 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0072 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM PRODUCTS COMPLETED OPERATIONS COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to included the following additional exclusion This insurance does not apply to any claim suit or demand made or asserted by or on behalf of one Named Insured against another Named Insured. All other terms and conditions of this Policy remain unchanged. Endorsement Number 6 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0007 00 10 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM SCHEDULE Name of Person or Organization Where required by written contract. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following provision We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your operations or your work done under a written contract with that person or organization. All other terms and conditions of this Policy remain unchanged. Endorsement Number 7 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGLO121 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WRAP UP EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from any entity project or location that is or was insured designated scheduled or covered under a wrap up or any consolidated insurance program. This exclusion applies regardless of whether a. Such wrap up or any consolidated insurance program is expired cancelled terminated or nullified b. The limits of liability of such wrap up or any consolidated insurance program are inadequate impaired reduced or exhausted or c. Insurance coverage under such wrap up or any consolidated insurance program is excluded or otherwise not provided. As used in this endorsement wrap up or any consolidated insurance program includes an owner controlled insurance program OCIP contractor controlled insurance program CCIP or any other project specific insurance program covering any insured entity project or location. All other terms and conditions of this Policy remain unchanged. Endorsement Number 8 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0041 00 07 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. All other terms and conditions of this Policy remain unchanged. Endorsement Number 9 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0039 00 09 06 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL AND RESIDENTIAL CONVERSION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges A. Bodily injury property damage or personal and advertising injury that in any way arises out of relates to or results from the development or construction in whole or in part of any 1 Non commercial dwelling or residence or 2 Building converted at any time in whole or in part to a non commercial dwelling or residence. B. Property damage included within the products completed operations hazard to any 1 Non commercial dwelling or residence or 2 Building which is converted in whole or in part to a non commercial dwelling or residence at any time. For purposes of this endorsement non commercial dwellings or residences include but are not limited to homes condominiums cooperatives town homes lofts and time share properties. However non commercial dwellings or residences do not include 1 Apartment buildings wherein all of the residential units are held for rental or lease to the general public 2 Hotels or motels except any units within or otherwise part of such hotels or motels that are condominiums time share properties or similar types of property sold to others. All other terms and conditions of this Policy remain unchanged. Endorsement Number 10 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0080 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISH SYSTEM EXCLUSION ENDORSEMENT WITH LIMITED EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION COVERAGES 2. Exclusions is amended to include the following additional exclusion This insurance does not apply to any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from 1. The design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior insulation and finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Any moisture related or dry rot related decay infection or infestation of a house or other building caused in whole or in part by the exterior insulation and finish system. For the purposes of this endorsement an exterior insulation and finish system means an exterior cladding or finish system applied to a house or other building and consisting of a A rigid or semi rigid sheathing or insulation board including gypsum based wood based or insulation based materials and b The adhesive or mechanical fasteners used to attach the insulation board to the substrate and c A reinforcing mesh that is embedded in a coating applied to the sheathing or insulation board and d A finish coat. However an exterior insulation and finish system does not include a cement based polymer enhanced stucco cladding system which a Incorporates a weather resistive barrier pursuant to applicable building codes and b Incorporates ribbed insulation sheathing with ribs aligned vertically to provide drainage and c The manufacturer of the stucco components has a valid ICBO Evaluation Services Listing in good standing and d There is no mixing of different manufacturer s products for the stucco system so long as that cement based enhanced stucco cladding system satisfies all requirements of the 00 CGL0016 00 09 06 Page 1 of 2 | 2 |
applicable model building code and the applicable local building code. All other terms and conditions of this Policy remain unchanged. Endorsement Number 11 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0016 00 09 06 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Under SECTION I COVERAGES 2. Exclusions Exclusion f. Pollution is deleted in its entirety and replaced with the following exclusion. Pollution 1 Any bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time from any site premises or location. 2 Any loss cost or expense that in any way in whole or in part arises out of relates to or results from any a Request demand order or statutory or regulatory requirement or any other action authorized or required by law that any insured or others investigate test for monitor clean up remove dispose of contain treat abate remediate detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf on a governmental authority for damages because of investigating testing for monitoring cleaning up removing containing treating abating remediating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms and conditions of this Policy remain unchanged. Endorsement Number 12 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0023 00 09 06 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED ENTITY ENDORSEMENT PRIMARY AND NON CONTRIBUTORY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM SECTION Il WHO IS AN INSURED is amended to include as an additional insured the persons or organizations designated in the Schedule below but only with respect to bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of your subcontractors A. in the performance of your ongoing operations or your work including your work that has been completed or B. in connection with your premises owned by or rented to you. When you are required by a written contract with persons or organizations shown in the Schedule to provide insurance that is primary and non contributory the insurance provided by this endorsement will be primary but only A. to the extent required by such written contract and B. if such contract is executed prior to the occurrence or offense for which insurance is sought under this endorsement. As used in this endorsement the words you and your refer to the Named Insured. Schedule Any person or organization that is required under a written contract with you to be named as an additional insured. All other terms and conditions of this Policy remain unchanged. 00 CGL0366 00 01 10 Page 1 of 2 | 2 |
Endorsement Number 13 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0366 00 01 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION OR PROJECT GENERAL AGGREGATE LIMIT AND POLICY AGGREGATE LIMIT ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY SELF INSURED RETENTION COVERAGE FORM Schedule Designated Locations All of your locations. Designated Projects Any construction project at which you perform opeartions. A. Subject to paragraph F. below for all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies and which can be attributed only to ongoing operations at a single designated location or project shown in the Schedule above 1. A separate Designated Location Or Project General Aggregate Limit applies to each designated location or project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location Or Project General Aggregate Limit is the most we will pay for the sum of all such damages except damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made for such damages shall reduce the Designated Location Or Project General Aggregate Limit for that designated location or project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location Or Project General Aggregate Limit for any other designated location or project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence and for Damage To Premises Rented To You continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location Or Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies and which can not be attributed only to ongoing operations at a single designated location or project shown in the Schedule above 1. Any payments made for such damages shall reduce the amount available under the General 00 CGL0243 00 05 08 Page 1 of 2 | 2 |
Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location Or Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit or the Designated Location Or Project General Aggregate Limit. D. For the purposes of this endorsement SECTION V DEFINITIONS is amended to include the following additional definitions Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Project means construction project. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. F. Regardless of the number of locations or projects and any other circumstance the amount we will pay under this insurance policy shall be no more than the Policy Aggregate Limit shown below Policy Aggregate Limit In the event that no dollar amount is shown next to the Policy Aggregate Limit above the Policy Aggregate Limit is 5000000. All other terms and conditions of this Policy remain unchanged. Endorsement Number 14 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0243 00 05 08 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL TERRORISM EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under this policy. A. The following definitions are added and apply under this endorsement whenever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 use or threat of force or violence or 2 commission or threat of a dangerous act or 3 commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When 1 the effect is to intimidate or coerce a government or a civilian population or any segment thereof or to disrupt any segment of the economy andor 2 it appears that the intent is to intimidate or coerce a government or a civilian population or to further a philosophical political ideological religious social or economic objective or to express or express opposition to a philosophical political ideological religious social or economic objective. Any injury or damage means any injury or damage covered under this policy to which this endorsement is applicable and includes but is not limited to pbodily injury property damage personal and advertising injury injury or environmental damage as may be defined in this policy. B. The following exclusion is added EXCLUSION OF TERRORISM This insurance does not apply to any claim suit demand or loss that alleges any injury or damage that in any way in whole or in part arises out of relates to or results from terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. This exclusion also applies when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism involves the use release or escape of nuclear materials or that directly or 00 CGL0220 00 09 06 Page 1 of 2 | 2 |
indirectly results in nuclear reaction nuclear radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. All other terms and conditions of this Policy remain unchanged. Endorsement Number 15 This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number DPC0057810 02 Named Insured Craneworks Inc. Endorsement Effective Date November 8 2016 00 CGL0220 00 09 06 Page 2 of 2 | 2 |
FIRST MERCURY INSURANCE COMPANY ASTOCK COMPANY STATUTORY HOME OFFICE ONE SOUTH WACKER DRIVE SUITE 1350 CHICAGO IL 60606 ADMINISTRATIVE OFFICE 26600 TELEGRAPH RD. SOUTHFIELD MI 48033 GENERAL LIABILITY POLICY RENEWAL DECLARATIONS Serviced by CoverX Specialty POLICY NUMBER IL CGL0000033084 03 RENEWAL OF L CGL0000033084 02 NAMED INSURED AND MAILING ADDRESS BROKER NAME AND ADDRESS MRIGlobal AmWins Brokerage of lllinois 425 Volker Boulevard 10 South LaSalle Street Suite 2000 Kansas City MO 64110 Chicago IL 60603 POLICY PERIOD From 912015 To 912016 AT 1201 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE INRETURN 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 Defense Costs are outside the limits of Liability Each Occurrence Limit 1000000 Employee Benefits Liability 1000000 Personal Advertising Injury Limit 1000000 Employee Benefits Aggregate Limit 1000000 General Aggregate Limit 2000000 Liquor Liability Limit Excluded Products Completed Operations Aggregate Limit 2000000 Liquor Liability Aggregate Excluded Damage To Premises Rented To You 50000 Medical Payment Limit 5000 Designated Locations General Aggregate Limit ISURED AND MAILING ADDRESS BROKER AmWins Brc ulevard 10 South La MO 64110 Chicago IL Employee Benefits Liability 1000000 Employee Benefits Aggregate Limit 1000000 Liquor Liability Limit Excluded Liquor Liability Aggregate Excluded Designated Locations General Aggregate Limit 2000000 Total Policy Aggregate Limit 5000000 RETAINED LIMIT See form FMIC GL 2015 0114 PREMIUM COMPUTATION Premium 25000 Premium charge for coverage of certified acts of terrorism 1250 Per TRIA Disclosure Notice. Processing Fee 150 DEPOSIT PREMIUM 26250 DESCRIPTION OF BUSINESS Bldgs Prem off prem prim occupied by employees of insdNotForProfit FORM OF BUSINESS INDIVIDUAL PARTNERSHIP X ORGANIZATION INCLUDING A CORPORATION BUT NOT JOINT VENTURE LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIMITED LIABILITY COMPANY LIABILITY COMPANY ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule FMIC END Schedule of Forms and Endorsements This is evidence of insurance procured and developed under the Missouri Surplus Lines Laws. It is NOT covered by the Missouri Insurance Guaranty Association. This insurer is not licensed by the State of Missiouri and is not subject to its supervision. T 1 IMPORTANT Please carefully examine your policy as it may contain significant coverage modifications or exclusions. If this policy is a renewal it may not contain the same precise terms and conditions as the prior policy. Date 9102015 Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLIGY CONDITIONS AND COVERAGE FORMS FMIC GL DS0001 1210 AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. | 2 |
EXTENSION OF DECLARATIONS Policy Number IL CGL0000033084 03 Location of Premises Schedule of Locations on File with Company Classification and Premium Exposure Basis Square Feet Exposure Amount 668218 Rate Deposit Premium 37.4129 Per 1000 25000 Square Feet FMIC GL DS EXT 1210 | 2 |
Insured MRIGlobal Policy Number IL CGL0000033084 03 SCHEDULE OF FORMS AND ENDORSEMENTS other than applicable forms shown elsewhere in the policy Forms and Endorsements applying to and made part of this policy at the time of issuance CG 00 01 1207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM IL00 17 1198 COMMON POLICY CONDITIONS FMIC LEGAL 0414 SERVICE OF SUIT GU 207 678 NAMED INSURED EXTENSION CG 00 68 0509 RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION CG 04 35 1207 EMPLOYEE BENEFITS LIABILITY COVERAGE CG 20 10 0704 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS CG 20 37 0704 Al OWNERS LESSEES OR CONTRACTORS COMP OPS CG 21 47 1207 EMPLOYMENT RELATED PRACTICES EXCLUSION CG 21 49 0999 TOTAL POLLUTION EXCLUSION ENDORSEMENT CG 21 54 0196 EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS CG 21 67 1204 FUNGI OR BACTERIA EXCLUSION CG 21 71 0115 EXCL OF OTHER ACTS OF TERROR OUTSIDE US CAP ON LOSSES CG 24 04 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS CG 24 26 0413 AMENDMENT OF INSURED CONTRACT DEFINITION FMIC GL 1002 1012 PRIMARY AND NON CONTRIBUTING INSURANCE FMIC GL 2010 0114 CROSS SUITS ENDORSEMENT FMIC GL 2011 0411 CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL FMIC GL 2015 0114 POLICY DEDUCTIBLE ENDORSEMENT FMIC GL 2018 0111 DESIGNATED LOCATION GEN AGG LIMIT FMIC GL 2060 0411 EXCLUSION DIETARY SUPPLEMENTS INGREDIENTS AND DRUGS FMIC GL 2077 0914 HAZARDOUS MATERIALS EXCLUSION FMIC GL 2089 1014 FMIC GL 2090 FMIC GL 2099 FMIC GL 2158 FMIC GL 2163 FMIC GL 2203 FMIC GL 2293 FMIC GL 2477 PROFESSIONAL SERVICES EXCLUSION 0712 AIRCRAFT PRODUCTSAND AIRCRAFT GROUNDING EXCLUSION 0711 EXCLUSION OF DESIGNATED OPERATIONS 0711 HUMAN CLINICAL TRIALS EXCL 0315 MINIMUM EARNED PREMIUM ENDORSEMENT 1014 BASIS OF PREMIUM ENDORSEMENT 0612 Al OR CERTIFICATE HOLDER NOTICE OF CANCELLATION 0913 EXCL INFRINGEMENT OF COPYRIGHT PATENT TRADEMARK FMIC GL 2496 1013 POLICYHOLDER NOTICE CERTIFICATES OF INSURANCE IL 00 21 0908 NUCLEAR ENERGY LIAB EXCL ENDST IL 09 85 0115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT FMIC CLAIM NOTIFICATION 122006 Schedule FMIC END 1210 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 0001 1207 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 Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 3 CG 00011207 1SO Properties Inc. 2006 Page1 of 16 | 0 |
e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. 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 ina 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 partys defense has aso been assumed in the same insured contract and Such altome 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. b 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 distribuon or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employmentby 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. CG 00011207 1SO Properties Inc. 2006 Page2 of 16 | 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 notapply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or ii Any person or organization for whom you may be legally responsible or c d At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty 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 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 buildng 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 acontractor or subcontractor or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or fom any premises site or location on which any insured or any contractors or subcontractors working directly or indirecty 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. CG 00011207 1SO Properties Inc. 2006 Page3 of 16 | 1 |
2Any 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. 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 clam or suit by or on behalf of a govemnmental 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 acharge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b utof any r or statutory or hat any insured iitor clean up t detoxify or y respond to or llutants or on behalf of a for damages or monitoring g containing eutralizing or in or assessing the es not apply to 1se of property ould have in the emand order or rement or such n behalf of a age arising out ance use or ircraft auto or by or rented or ludes operation if the claims ligence or other ision hiring ring of others by which caused perty damage enance use or ircraft auto or operated by or o n premises you that is nd rry persons or 1 the ways next nt provided the ented or loaned any insured maintenance or or 3 5 Budlly injury or property damage arising out of The operaton of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f2 or f.3 of the definition of mobile equipment. b h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damageto 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 Propertyloaned to you 4 Personal property in the care custody or control of the insured 1SO Properties Inc. 2006 Page40f 16 CG 00011207 Page40f 16 | 1 |
5That particular partof real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out ofit 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. 6. 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 init.. 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. 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.. Distribution Of Material In Violation Of Statutes 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 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. CG 00011207 1SO Properties Inc. 2006 Page50f16 | 1 |
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claimor suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or setlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business butonly 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 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 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. 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 trace dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose businessiis 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or CG 00011207 1SO Properties Inc. 2006 Page 6 of 16 | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 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 atany time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission thatviolates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodly injury caused by an accident 1 On premises you own or rent 2 On ways rext to premises you own or rent or 3 Because do your operations provided that 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 examimation at our expense by physicians of our choice as often as we reasorably 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. CG 00011207 1SO Properties Inc. 2006 Page 7 of 16 | 1 |
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 setle 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 fumish 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 fumish 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 eamings 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 irterest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Al 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 cout 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 irsured 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 aginst the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement thatis an insured contract b. This insurance applies to such liability assumed by theinsured c. The obligation to defend or the cost of the defense of tha 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 e. The indemnitee and the insured ask us to conduct and contol the defense of that indemnitee against such suit and agree that we can assign he same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in witing 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 CG 00011207 1SO Properties Inc. 2006 Page 8of 16 | 1 |
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