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POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION EXCEPTION FOR SCHEDULED ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE T R ST Description of Activityies TO BE DETERMINED If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Exclusion c. of COVERAGE A Section 1 is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages with out a charge if a license is required for such activity. However this exclusion does not apply to bodily injury or property damage arising out of the selling serving or furnishing of alcoholic beverages at the specific activityies described above. CG 21 5109 89 Copyright Insurance Services Office Inc. 1989 1992 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21651204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply to a Bodily injury if sustained within a building which is or was at any time owned or occu pied by or rented or loaned to any insured 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 or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i Atany premises site or location which is or was at any time used by or for any in sured or others for the handling stor age disposal processing or treatment of waste or b i At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a b 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 govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. i At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detox ify neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a b 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 govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG 21651204 ISO Properties Inc. 2003 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 MBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 22640798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Operations ALL OPERATIONS WHERE REQUIRED BY WRITTEN CONTRACT. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applic able to this endorsement. With respect to the operations shown in the Schedule Paragraph 1d of Exclusion f. of Section I Coverage A Bodily Injury And Property Damage Liability does not apply if the operations meet all standards of any statute ordinance. regula tion or license requirement of any federal state or local government which apply to those operations. Page Lof 1 CG 2264 0798 Copyright Insurance Services Office Inc. 1997 | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization ON BEHALF OF LUKE S SAWGRASS LUKE BROTHERS ALL FLORIDA PEST CONTROL AND EMERALD SHORES FIRSTSERVICE RESIDENTIAL REALTY LLC AND ACTIVE MANAGED ASSOCIATIONS OF FIRSTSERVICE RESIDENTIAL REALTY LLC BUT ONLY WHEN WORKING UNDER THE TERMS OF THE FIRSTSERVICE RESIDENTIAL REALTY LLC APPROVED VENDOR AGREEMENT. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization ON BEHALF OF LUKE S SAWGRASS LUKE BROTHERS ALL FLORIDA PEST CONTROL AND EMERALD SHORES ACTIVE MANAGED ASSOCIATIONS OF THE CONTINENTAL GROUP BUT ONLY WHEN WORKING UNDER THE TERMS OF THE CONTI NENTAL GROUP APPROVED VENDOR AGREEMENT. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. CTIVE MANAGED ASSOCIATIONS OF THE CONTINENTAL GROUP BUT ONLY WHEN ORKING UNDER THE TERMS OF THE CONTI NENTAL GROUP APPROVED VENDOR GREEMENT. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization SOUTHERN CRAFTED HOMES 3840 LAND O LAKES BLVD. LAND O LAKES FL 34639 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. OUTHERN CRAFTED HOMES 340 LAND O LAKES BLVD. AND O LAKES FL 34639 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization 3 ISLAND 3 ISLAND AVENUE MIAMI BEACH FL 33122 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. ISLAND ISLAND AVENUE IAMI BEACH FL 33122 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization 900 BISCAYNE BAY CONDO 900 BISCAYNE BOULEVARD MIAMI FL 33132 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. 00 BISCAYNE BAY CONDO 00 BISCAYNE BOULEVARD IAMI FL 33132 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization DEVONWOOD CONDO ASSOCIATION INC. 3840 LAND O LAKES BLVD. LAND O LAKES FL 34639 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. ZVONWOOD CONDO ASSOCIATION INC. 340 LAND O LAKES BLVD. AND O LAKES FL 34639 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization DORAL GARDENS II CONDO KW PROPERTY MANAGEMENT CONSULTING LLC 4920 NW 79TH AVE DORAL FL 33166 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. ORAL GARDENS II CONDO N PROPERTY MANAGEMENT CONSULTING LLC 920 NW 79TH AVE ORAL FL 33166 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization SOUTHERN CRAFTED HOMES 3840 LAND O LAKES BLVD. LAND O LAKES FL 34639 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. OUTHERN CRAFTED HOMES 340 LAND O LAKES BLVD. AND O LAKES FL 34639 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 POLICY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization STONEGATE OF PASCO HOMEOWNERS ASSOCIATION INC. 3840 LAND O LAKES BLVD. LAND O LAKES FL 34639 Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions 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 ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. TONEGATE OF PASCO HOMEOWNERS ASSOCIATION INC. 840 LAND O LAKES BLVD. AND O LAKES FL 34639 CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 10f 1 m | 2 |
POLICY NUMBER GLO 6555467 04 CY NUMBER GLO 6555467 04 COMMERCIAL GENERAL LIABILITY CG 2503 0509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects ONLY THOSE CONSTRUCTION PROJECTS WHERE REQUIRED BY WRITTEN CONTRACT. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction 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 nor the Designated Construction Project General Aggregate Limit. D. 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 Ill Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelof1 O IL 00 17 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 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 nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. expenses incurred with respect to bodily in Nuclear material means source material special jury resulting from the hazardous properties nuclear material or by product material. of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 10f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c d Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
ZURICH THIS DISCLOSURE IS ATTA CHED TO AND MADE PART OF YOUR POLICY. FLORIDA DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHED ULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA Please see form U GU630 C. Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the insurer retention. The insurer retention equals 20 of the insurer s prior calendar year direct earned premium associated with lines of insurance subject to TRIA. TRIA is scheduled to expire on December 31 2014. C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 1 the Federal Government shall not make any payment for any portion of the amount of such losses that exceeds 100 billion and 2 no insurer that has met its deductible under the program shall be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. If insured losses exceed 100 billion insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000.000. Copyright 2008 Zurich American Insurance Company Includes copyrighted material of ISO Propertics. Inc. with its permission U GU T73 A 0408 Page 1 of | 2 |
Z4 ZURICH Commercial Property And Casualty Risk Management Plans Florida Florida Regulation 690 166.040 requires that we develop guidelinesfor risk management plans and make them available to our insureds. Guidelines for risk management plans are descriptive instructions and criteria for the establishment of risk management plans. The guidelines deal with one or more as pects of risk handling appropriate to one or more insureds. Within 60 days of your request Zurich Services Corporation will develop and provide you with guide lines for a risk management plan. Zurich Services Corporation can also work with you to design a risk management plan as needed. In addition to furnishing you with guidelines for risk management plans other services may be available to you that include e General Surveysare designed to assist you in analyzing and reducing loss exposures through a review of your operations products liability and the environment. e Special Surveys are similar to the General Surveys except they differ in scope and degree. They also are designed to assist your risk management efforts in areas of occupational health environmental property products and liability. e Seminars to provide training in safety management techniques and safety management coun seling services. o Workshops designed to train your managers and supervisors on the materials needed to train your employees. Maintaining a safe workplace is your non delegable obligation. Neither we nor Zurich Services Corpo ration undertakes to relieve you of that obligation. However Zurich Services Corporation and we may provide you with tools that may assist you to fulfill your obligations. If you would like to receive guidelines for a risk management plan please contact the Zurich Services Corporation Risk Engineering Manager. Bruce Radaker Risk Engineering Zurich Services Corporation 3003 Summit Blvd. Suite 1800 Atlanta GA 30319 404 851 3390 U GU279 E 0809 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 90 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
Z4 ZURICH Important Notice to Florida Policyholders In the event you need to contact someone about this policy for any reason please contact your agent. If you have additional questions you may contact the Zurich U.S. office at the following address and telephone number Customer Inquiry Center Zurich North America 1400 American Lane Schaumburg IL 60196 800 382 2150 If you have been unable to contact or obtain satisfaction from your agent or company you may contact the Florida Office of Insurance Regulation at Office of Insurance Regulation 200 East Gaines Street Tallahassee Florida 32399 850 413 3140 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. UGU395 D 0709 Page 10f 1 | 2 |
Z ZURICH Florida Hurricane Catastrophe Fund FHCF Emergency Assessment 2005 Hurricanes The Florida legislature created the FHCF in order to provide capacity to the personal and commercial residential property insurance market. In accordance with Florida law deficits of the FHCF are funded through emergency assessments on direct premiums for certain property and casualty lines of business in the state of Florida. The current FHCF emergency assessment is for the purpose of financing the FHCF s shortfall from the 2005 hurricane season. In order to fund this deficit policies effective on or after January 1 2011 are subject to an emergency assessment of 1.30 of premium for the following lines of business Fire Allied Lines Multi Peril Crop Farmowners Multi Peril Homeowners Multi Peril Commercial Multi Peril liability and non liability Mortgage Guaranty Ocean Marine Inland Marine Financial Guaranty Earthquake Other Liability Products Liability Private Passenger Auto No Fault Other Private Passenger Auto Liability Commercial Auto No Fault Other Commercial Auto Liability Private Passenger Auto Physical Damage Commercial Auto Physical Damage Aircraft Fidelity Surety Burglary and Theft Boiler and Machinery Credit Warranty and Aggregate Write Ins for Other Lines of Insurance. The FHCF emergency assessment applicable to this policy is not subject to premium taxes fees or commissions. UGU726BFL 0111 Page 1 of 1 | 2 |
Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name Policy Number Effective Endorsement Date Number THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. umber This endorsement modifies your insurance This endorsement applies to all Coverage Parts included in this policy. A Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act TRIA. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism L. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000.000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures blished by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omi terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc.. with its perm U GU T67 A CW 0108 Page 1of | 2 |
Z ZURICH Advisory notice to policyholders regarding the U.S. Treasury Department s Office of Foreign Assets Control OFAC regulations 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 the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. 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.treasury.govaboutorganizationalstructure offices Pages OfficeofForeignAssetsControl.aspx. 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 restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. UGU1041 A 311 Page 1 of 1 | 2 |
Mid Continent Group MID CONTINENT CASUALTY COMPANY MID CONTINENT ASSURANCE OKLAHOMA SURETY MID CONTINENT BXCESS SURPLUS INSURANCE COMPANY P0.BOX 1409 TULSA OKLAHOMA 74101 1409 918 587 7221 1 800 722 4994 FAX 918 588 1295 BUP 190.0 ED 042013 GENERAL | 2 |
v. MIDCONTINENT CASUALTY COMPANY P. 0. Box 1409 Tulsa Oklahoma 74101 COMMERCIAL GENERAL LIABILITY POLICY DECLARATION Policy No. 04 GL000908020 Renewal of 04 GL000885787 Named Insured and Mailing Address Agent Name and Mailing Address PEERLESS PRODUCTS INC. CORNERSTON KANSAS CITY LLC 16 0292 2403 S MAIN STREET 4400 COLLEGE BLVD STE 160 FT. SCOTT KS 66701 OVERLAND PARK KS 66211 POLICY PERIOD FROM 08042014 7O 08042015 at 1201 AM. Standard Time at your mailing address shovm above THE NAMED INSURED IS SUBCHAPTER S CORPORATION BUSINESS DESCRIPTION MANUFACTURES ARCHITECTURAL AND ACOUSTICAL IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM 1S INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART.183759.00 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SURCHARGE TAXES if applicable TOTAL 183759.00 REPORTING BASIS ANNUAL Forms and Endorsements made a part of this policy at this lme CG20280413 CG22841001 MIS0061097 MI93330700 ML10011104 ML10970508 ML12170210 ML12411201 ML10810413 ML10800711 ML14391104 ML13441104 MI80850207 Mi20460610 1L02610907 1L00210908 1L00171198 CG24260413. CG21960306 CG21471207 CGO0010413 ML18120397 CG21351001 CG21070514 Omits applicable Forms and Endorsements If shown In specific Coverage Part Coverage Form Declarations. Countersigned at OVERLAND PARK K Date 08052014 By Authorized Representativeew ML 14 87 04 03 Page 1 of 1 INSURED COPY J 0 0 D 0 0000000 0 0 0 0 DA R Mk OLLEGE BLVD STE 150 AND PARK KS 66211. MAIN STREET T SCOTT KS 66701 HIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM COMMERCIAL GENERAL LIABILITY COVERAGE PART.183759.00 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SURCHARGE TAXES if applicable TOTAL 18375000 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATION Effective Date 08042014. Policy No 04 GL000908929 1201 A.M. Standard Time tIMITS OF INSURANCE General Aggregats Limit Other Than Products Completed Operationsy 2000000 Products Completed Operations Aggregate Limit 2000000 Personal and Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage to Premises Rented To You 100000 Any One Promises Medical Expense Limit EXCLUDED Any. One Person BUSINESS DESCRIPTION AND LOCATION OF PREMISES. Form of Business SUBCHAPTER S CORPORATION Business Description MANUFACTURES ARCHITECTURAL AND ACOUSTICAL Location of All Premises You Own Rent or Occupy PREMIUM. Location Code No. Premium Basls Rate Advance Premium Classlfloation Awea cjcast PriCo Al Other Pi Co All Other Payiot UjPer Unit iross Sales TSee Deso. KANBAS Mpdmissions Door or Window Mtg. NOG 62186 50000000 2788 836 139300 41800 Employee Bonofils Liablity 0032 T 384.000 nol. 204 Soo Endorsomont ML 1812 SEE ENDORSEMENT ML1081 49980 T 1000. or Flat Charge Fully Earned SEE ENDORSEMENT ML1080 64444 1000 Por Flat Charge Fully Eathod SEE ENDORSEMENT ML1087 4 T 260 Per Flat Chargo SEE ENDORSEMENT CG2028 49850 T 1 8. Por Fiat Chargo Fully Earned Minimum Premiums All Other 185 Pr Co 315 Polloywriting 500 Total Advance Premium 139300 44859 FORMS AND ENDORSEMENTS other than applicable Forms and Endorsements shown elsawhere in the polloy Forms and Endorsements applying to the Coverage Part and made part of this policy at time of Issue Information omitted if shown elsewhere In the policy. AInclusion of date optional. These declarations are part of the policy declarations containing the name of the insured and the policy period. ML 15 07 09 01 URAL AND ACOUSTICAL Ulassifioation ANea CjCost FriCo Al Other Frico All Other Payie UjPer Unit 05 Sales TSa0 Doso. ANBAS Mpdnissons oor or Window Mfg. NOG 82134 60000000 2788 836 139300 4180 mployee Bonofits Liabllity s0032 T 394.000 Inel. a0 00 Endorsemont ML 1812 EE ENDORSEMENT ML1081 49080 T 100 or Flat Charge Fully Earned FE ENDORSEMENT ML1080 54444 T 100 or Flat Charge Fully Earned i ENDORSEMENT ML1097 64444 24 or Flat Chargo EE ENDORSEMENT CG2028 48950 T 1 1 o Flat Chargo Fully Eatned inimum Premiums Other 185 Co 316 189300 fnol. 48980 T 64444 4 T 48950 | 2 |
POLICY NUMBER 04 GL000908929 POLICY TERM FACTOR Policy premium reflects a term factor of 1.0000 MI 90 66 02 07 | 2 |
INTERIM PAYMENT PLAN INTERIM PAYMENT PLAN Policy No. 04 GL000908620. Named Insured PEERLESS PRODUCTS INC. Deposit 45942.00 Instaliment Amount 15313.00 15313.00 16313.00 15313.00 15313.00 15313.00 15313.00 16313.00 16313.00 Due Date 08042014 10042014 11042014 12042014 01042015 02042015 03042015 04042016 05042015 M1 93 33 07 00 Page1of1 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. 04 GL000908020 Section Schedule Altaches to Policy Number 04 GL000908929 Limits of insurance Aggregate Limit 1000000. Eaoh Claim Limit 1000000 Number of Employees 200 Rate 304.000 Promium. 3o Deductible 1000 each claim Retroactive Date 8042007 Section Il Employee Benefits Liabllity Coverage 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 of the insured or of any other person for whose acts the Insured is legally liable. The negligent act error or omission must be committed in the vadministration of your employee benefit program. No other obligation or liabllity to pay sums or perform acts or services is covered unless explicilly provided for under SUPPLEMENTARY PAYMENTS. This insurance does not apply to any negligent act error or omisslon which ocourred before the Retroactive Date if any shown in the Declarations or which oceurs afier the pollcy expires. The negligent act error or omission must take place In the coverage tenitory. We will have the right and duty to defend any sult seeking ihose damages. But The amount we will pay for damages Is limited as described in the SECTION IV LIMITS OF INSURANCE We may at our discretion Investigate any report of a negligent act error or omission and seitle any claim or suit that may result and Our right and duly to defend end when we have used up the applicable fimit of insurance in the. payment of judgments or settlements. This insurance applies to any negligent act eror or omission of the insured but only if a claim for damages because of the negligent act emor or omission is first made against any insured during the policy period. 0 A claim by a person or organization seeking damages will be deemed to have heen made when notice of such claim Is recelved and recorded by any insured or by us whichever comes first. All claims for damages sustained by any ons employes including the employee s dependents and beneficlaries will be deemed to have been made at the time the first of those claims Is made against any insured. ML 1812 03 97 Page1of8 ML 18 12 03 97 | 2 |
2 Exclusions This insurance does not apply to a. b. Loss arising out of any dishonest fraudulent criminal or malicious act or omission commitied by any Insured Bodily Injury or property damage or personal injury Loss arising out of failure of performance of contract by any Insured Loss arlsing out of an Insufficiency of funds 1o meet any obligations under any plan included in the employee beneflt program. Any claim or suit based upon fallure of any Investment to perfomm as represented by any insured or advice given to any person to participate or not to participate In any plan Included In the employee beneflt program Loss arising out of your fallure to comply with the mandatory provisions of any law conceming workers compensalion unemployment insurance social security or disabllity benefits Loss for which the Insured Is liable because of liabllity Imposed on a fiduclary by the Employee Retirement Security Act of 1974 as how or hereafter amended or Loss or damage for which benefits have accrued under the terms of any employee beneflt plan to the extent that such benefits are avallable from funds accrued by the Insured for such benefits or from colfectible Insurance notwithstanding the insured s act error or omission in administering the plan which precluded the clalmant from receiving such benefits. SRR TN THRITAEN SRR s R T Securily Act of 1974 as how or her mr amended or Loss or damage for which benefits have accrued under the terms of any employee beneflt plan to the extent that such benefits are avallable from funds accrued by the Insured for such benefits or from colfectible Insurance notwithstanding the insured s act error or omission in administering the plan which precluded the clalmant from receiving such benefits. 3. Supplementary Payments We will pay with respect to any claim or sull we defend a. b All expenses we nour. The cost of bonds to release aitachments but only for bond amounts within the applicable limit of insurance. We do not have to fumish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or sult including actual loss of earnings up to 100 a day because of lime off from work. All costs taxed against the Insured in the sult Pre judgment interest awarded against ihe Insured on that part of the judgment we pay. 1f we made an offer to pay the applicable limit of insurance we will not pay any pre judgment interest based on that period of fime after the offer. AllInterest on the full amount of any judgment that accrues after the entry of the judgment and before we have pald offered to pay or deposiled in court the pari of the judgment that is with the applicable limit of Insurance. These payments will not reduce the limits of insurance. SECTION Il WHO 8 AN INSURED 1. If you are designated in the polloy declarations as a. An individual you and your spouse are Insureds but only with respect 1o the conduct of a business of which ML 18 12 03 97 Pago20f8 | 2 |
you are the sole owner b. A partnership or joint venture you are an insured An orgnization other than a partnership or joint venture you are an Insured. Your directors and stockholders are also Insureds but only with respect o their llabiilty as your directors or stockholders. 2. Each of the following is also an Insured a. Each of your partners executive officers and employees who Is aulhorized to administer your employee benefit program b. Your legal representative if you die but oniy with respect fo dulies as such. That representative will have alt your rights and dutles under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership or jolnt venture and over which you maintain ownership or majority interest will be deemed to be a Named Insured If there is no other similar Insurance avallable to that organization However a. Coverage under this provision Is afforded only unfil the 90th day after you acqulre or form the organlzation or the end of the policy period whichever Is earfler b. Coverage under this provision does not apply to any negligent act ervor or omission that occurred hefore you acquired or formed the organization. No person or organization is an Insured with respsct to the conduict of any current or past partnership or joint venture that is not shown as a Named Insured in the Policy Declarations. SECTION IV LIMITS OF INSURANCE 1. The Linits of Insurance shown in SECTION and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought 6. Porsons or organizations making claims or bringing sults d. Acls emors or omission which result in loss or e. Plans included In your employes benefit program. 2. The Aggregate Limit is the most we will pay for all damages because of acts errors or omisslons committed in the nadministration of your employee benefit program. 3. Subject to the Aggregate Limit the Each Employee Limit Is the most we will pay for all damages sustained by any one employee Including the employee s dependents and boneflciaries because of acls errors or omissions committed in the administration of your employee benefits program. The limits of this Coverage Part apply separately to each conseculive annual period and to any remaining period of less than 12 months starling with the beginning of the policy period shown In the policy declarations unless the polioy period is extended after Issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION V DEDUCTIBLE 1. Our obligation to pay damages on hehalf of the insured applies only to the amount stated in SECTION as applicable to Each Employee. The limits of insurance applicable 1o Each Employee will be reduced by the amount of this deductible. The Aggregate Limit shall not be reduced by the application of such deductible amount ML 18 12 03 97 Page3of 8 | 2 |
.2 The deductible amount stated In SECTION applies to all damages sustained by an employee because of an act error or omission covered by this insurance. 3. The terms of this insurance including those with respeci to a. Ourright and duty to defend any sults seeking those damages and b Your dutles In the event of an act error or omisson claim or suit apply imespective of the application of the deduciible amount 4 We may pay any part or all of the deductible amount to effect settiement of any claim or sult and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been pald by us. SECTION Vi EMPLOYEE BENEFITS LIABILITY GONDITIONS 1 Bankruptey. Bankrupley or Insolvency of the insured or of the Insured s estate will not relleve us of our obligations under this Coverage Part. 2 Duties in the Event of Act Error or Omission Claim or Suit. a. You must see to It that we are notified as soon as practicable of an act error or omisslon which may result In a claim. Notice should include O What the act error or omisston was and when it ocoursed The names and addresses of any employees who may suffer damages as a result of the act enor or omission Notice of an act error or omisslon is not notice of a claim. b. Ifa clalm is received by any insured you must O mmediatoly record the specifics of the clalim and the date recelved and vi Notify us as soon as practicable. You must soe to it that we receive written notice of the clalm as soon as practicable. Youand any other involved insured must 1 Immediately send us coples of any demands notices summonses or lagal papers received in connectlon with the claim or a sull Authorize us to obtain records and other information Cooperate with u In the investigation seitiement or defense of the laim or sull and Assist us upon our requost in the enforcement of any right against any person or organization which may be liable to the insured because of damage to which this insurance may also apply. d. No insured wil except at ihelr own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 3. Legal Action Against Us. o person or organization has a right under this Coverage Part ML 18 12 03 97 Paged of 8 Paged of | 2 |
a. Tojoinus as a party or otherwise bring us into a sull asking for damages from an Insured or b. To sue us on this Coverage Part unless all of its ferms have been fully complied with A person or organization may sue us to recover on an agreed selllement or on a final judgment against an insured obtained aftor an actual irial 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 limi of Insurance. An agreed seftiement means a selliement and release of llability signed by us the Insured and the claimant or the clalmant s fegal representative. 4. Other Insurance If other valid and collectible insurance Is avallable to the insured for a loss we cover under this Coverage Part our obligations are limited as follows. 5. 6. a. Primary Insurance. This insurance Is primary except when paragraph 4. of SECTION Vil EXTENDED REPORTING PERIODS 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 b below. b Method of Sharing. If all of the other Insurance permits contributlon by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has pald its appllcable limit of insurance or none of the loss remains whichever comes first. If any 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 ratlo of s applicable limit of Insurance to the total appiicable fimits of insurance of all insurers. Premium Audit a. Wewil 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. Af the close of each audit period we will compute the eamed premlum for that period. Audit promiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums pald for the policy term Is greater than the earned premium we will return the excess 1o the first Named Insured. The first Named insured must keep records of the Infornation we need for premium computation and send us coples at such times as we may request. Representations. By accepting this policy you agree 7. a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and We have Issued this policy in reliance upon your representations. Separation of Insureds. Except with respect to the Limits of insurance and any rights o dulies specifically assigned to the first Named Insured this nsurance applies ML 18 12 08 97 Page60of 8 Page 6of 8 | 2 |
a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or sult s brought. 8 Transfer of Rights of Recovery Against Others to Us. If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them 9. Cancellation Non renewal Renewal and Reduction or Deletion of Coverage. The following condillons also apply to this Coverage Part All conditions refating to canceltation nonrenewal renewal and reduction or deletion of coverage which would apply to a Commercial General Liabllity coverage Parl attached to this polioy. SECTION VIl EXTENDED REPORTING PERIODS 1. We will provide an auiomatic Extended Reporting Period as described In paragraph 3. or if you purchase It an Extended Reporting Perlod Endorsement as described In paragraph 4 only if a. This Coverage Part Is cancelled or not renewed for any reason or b. W renow or replace this Coverage Part with other Insurance that has a Retroactive Date later than the one shown In this Coverage Part s Doclarations. 2 If we provide an Extended Reporting Period the following Is added to paragraph 1.b. of INSURING AGREEMENT SECTION Il 3 A claim first made during the Extended Reporting Period will be deemed to have been made on the. last day of the pollcy period provided that the claim.is for damages hecause of an act eror or omisslon that occurred before the end of the policy perlod of this policy but not before any applicable Retroactive Date. The Extended Reporiing Period will not reinstate or increase the Limits of Insurarnice or extend the policy period. 3. This automatic Extended Reporting Period will be for 60 days starting with the end of the policy period of this polioy. The automatic Extended Reporting Period applies only If no subsequent insurance you purchase applies to the claim or would apply but for the exhaustion of ts applicabls limit of insurance. 4. If you purchase the oplional Extended Reporting Period Endorsement the Extended Reportlng Period wiil be for one year starting with the end of the policy period of this policy. We will Issue that Endorsement if the first Named Insured shown In the Declarations a. Makes awritien request for it which we receive within 80 days after the end of the policy period and b. Promptly pays the additional pramium when due. The Exiended Reporting Period Endorsement will not take effect uniess the additional premium is paid when due. If that premium Is paid when due the endorsement may not be cancelled. The Extended Reporting Period Endorsement will also amend paragraph 4.1. of SECTION Vi EMPLOYEE BENEFITS LIABILITY CONDITIONS Other Insurance so that the insurance provided will be excess over any other valid and coliectible insurance available to the insured whether primary excess contingent or on any other basis whose policy period begins or continues after the Endorsement takes effect... 5. We will determine the actual premium for the Extended Repoirg Period Endorserenl in accordance with our rules and rates. In doing so we may take Into account the following ML 18 12 03 97 Page 8 of 8 Page 8 of 8 | 2 |
a. The exposures insured b. Previous types and amounts of insurance 6. Limits of Insurance available under this Coverage Part for future payment of damages and d. Other related factors. The premium for the Extended Reporting Period Endorsement will not exceed 200 of the annual premium for the Coverage Part to which the endorsement would be attached and will be fully earned when the Endorsement takes effect. SECTION Vil DEFINITIONS 1. Administration means a. Counseling employees including their dependents and bensficlaries with respect to the employee benefit program b. Handiing records In connection with the employee beneflt program or c. Effecting orterminating any employee s participation in a plan Included In the employee benefit program. 2. Bodlly injury means bodily injury sickness or disease sustalned by a person Including death resulting from any of these at any time. 3. Goverage teritory means the United States of America including its tenitorles and possessions Puerto Rico and Canada. 4 Employee means your officers partners and employees whether actively employed disable or retired 5. Ernployee benefit program means the following plans a. Group life insurance group accldent or health Insurance profit sharing plans pension plans and stock subscription plans provided that no one other than an employee may subscrlbe to such Insurance or plans b. Unemployment insurance soclal secusily henefits workers compensation and disabllity benefits Any other similar plan designeted in the Declarations or added thereto by endorsement. 6. Personal injury means injury other than bodlly injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Maliclous prosscution 6. Wrongful entry into or eviction of a person from a room a dwlling or premises that the person occuples d. Oral or wilten publication of material that slanders or libels a person or organization or disparages a person or organization s goods producis or services or e. Oral or wiilten publication of malerial that violates a person s right of privacy. 9. 7. Profit sharing plans mean only such plans thal are equally available to all full time employses. 8. Property damage means a. Physical injury to tangibie property including all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. Stack subscription plans mean only such plans that are equally available to all full ime employees. ML 18 12 03 97 Page7 of 8 | 2 |
10. Sult means a civil proceeding in which damages because of act error or omission to which this insurance applies are alleged. Suil includes an arbliration proceeding allsging such damages to which you must submit or submit with our consent. ML 1812 03 97 Page 8 of 8 | 2 |
POLICY NUMBER 04 GL000808928 COMMERCIAL GENERAL LIABILITY CG 20280413 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 PART SCHEDULE ART S RENTAL EQUIPMENT Name Of Additional Insured Persons Or Organizations Information required to complete this Schedule if not shown above will be shown In the Dedlarations. A. Section Il Who Is An Insured is amended o Include as an additional Insured the persons or organizations shown in the Schedule but only with respect to Hability for bodlly injury property damage or personal and advertising Injury caused in whole or in part by your maintenance operatlon or use of equipment leased to you by such persons or organizations. However 4. The Insurance afforded fo such additional Insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the Insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement io provide for such additional Insured. 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 Ill Limits Of Insurance If coverage provided to the additional insured Is required by 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. Avallable under the applicable Limits of Insurance shown in the Declarations whichever s less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. VR AT ARt A VEEEEAVE Y S RS ART S RENTAL EQUIPMENT Insurance Services Office Inc. 2012 Page 1 of 1 CG 20 28 04 13 | 2 |
POLICY NUMBER 04 GL000908629 COMMERCIAL GENERAL LIABILITY s CG 21351001 THIS ENbORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifles insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Or Classification If no entry appears above Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respsct to any premises or classification shown 2. The following is added to Section Supple in the Schedule mentary Payments 1. Section Coverage G Medical Payments h. Expenses incurred by the insured for first does not apply and none of the references to it ald administered to others at the time of an in the Coverage Part apply and accident for bodily injury to which this in surance applies. 2. The following is added to Section Supple mentary Payments h. Expenses incurred by the insured for first ald administered to others at the time of an accident for bodily injury to which this in surance applies. Page 1 of 1 jn 180 Properies Inc. 2000 CG 213610 01 | 2 |
04GL000908929 POLICY NUMBER AMENDM AMENDMENT OF CANCELLATION PROVISIONS OR COVERAGE CHANGE In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Pant we agree to mall prior written notice of cancellation or materlal change to SCHEDULE 1. Name WALBRIDGE US ARMY ENGINEER DISTRICT SAVANNAH CONTRACT ADMINISTRATION 2. Address 777 WOODWARD AVE SUITE 300 DETROIT Mi 48228 3 Number of days advance notice 60 MI 90 08 10 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXTERIOR INSULATION AND FINISH SYSTENM ENDORSEMENT This endorsement modifles insurance under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Unless so indicated below the Exterior Insulation and Finish System Hazard is included within the Limit of Insurance. l A if so Indicated the Exterior Insulation and Finish System Hazard Is limited fo Aggregate Deducible Per Claim X B. If so Indicated this insurance does not apply to Propery Damage arising out of the Exterior Insulation and Finish System Hazard.. Definition 1. Exterior Insulation and Finish System Hazard means the design manufacture construction fabrication preparation Installation application maintenance or repalr including remodeling service correction or replacement of an exterior insulation and finish system commonly referred to as synthetic stucco or any part thereof or any substantially simllar system or any part thereof including the application or use of condltioners primers accessorles flashings coalings caulkings or sealants in conneotion with such a system when performed by you or on your behalf or Any work or operations with respect to any exterior component fixture or feature of any structure If an exterior Insulation and finish system Is used on any part of that structure when performed by you or on your behalf. 2 Exterior Insulation and Finish System means a. Antigld or seml rigid insulatlon board made of expanded polystyrene or other materials b. The adhesive andor mechanical fasteners used to attach the insufation board to the substrate Ateinforced base coat and d. Afinish coat providing surface texture and color All other conditions remain unchanged ML 10 01 11 04 Page 10f1 | 2 |
POLICY NUMBER 04 GL000908929 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance pfovidad under the followlng COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basls of Deductible PERCLAIM or PER OCCURRENCE Bodlly injury Liabllity Coverage Amount and Basls of Deductible PERCLAIM or PER OCCURRENCE Bodlly injury Liabllity OR Property Damage Liability 10000 OR Bodlly Injury Liability andor Property Damage Liability Combined If no entry appears above informatlon required to complete this endorsement will be shown In the Declaraflons as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation Is entered the deductibles apply to damages for all bodily injury and properly damage however caused. 10000 Our obligation under the Bodily injury Liability and Properly Damage Liabllity Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may solect a deduclible amount on either a per claim or a per vgccurrence basis. Your selected deductible applies 1o the coverage option and to the basis of the deductible Indicated by the placement of the deductible amount In the Schedule above. The deductible amount stated In the Schedule above applies as follows 1. PER GLAIM BASIS. If the deductible amount Indicated in the Schedule above Is on a per claim basis that deduclible applies as follows a. Under Bodily Injury Liability Coverage to all damages and allocated loss expenses sustained b any one person hecause of bodily injury b. Under Properly Damage Llabllity Coverage to all damages and allocated loss expenses sustained by any one person because of property damage or Under Bodily Injury Liabliity andor Property Damage Liability Coverage Combined to all damages and allocated loss expenses sustalned by any one person hecause of anc ML 12 41 1201 Page 10f2 | 2 |
1 Bodily injury 2 Properly damage of 3 Bodlly injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of seivices or death resulting at any time from badily injury a separate deductible amount will be applled to each person making a claim for such damages. With respect to properly damage person Includes an organization. 2 PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above Is on a per oceurrence basls that deductible amount applies as foliows a. Under Bodliy Injury Liability Coverage to all damages and allocatd loss expenses because of bodlly Injury or N b Under Property Damage Liability Coverage to all damages and allocated loss expenses because of property damage or. Under Bodily Injury Llabllity andor Property Damage Liablity Coverage Combined to all damages and allocated loss expenses hecause of 1 Bodily injury 2 Property damage or 3 Bodlly injury and properly damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suils seeking those damages and 2. Your duties In the event of an occurrence claim or suit apply Irrespective of the application of the deductible amount. D. We may pay any part or all of the deductible amount to effect settiement of any cialm or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has heen pald by us. ADDITIONAL DEFINITION Allocated Loss Expenses means expenses incurred by the company in defense or settlement of claims. ML 12 41 1201 Page 2 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy resirict coverage. Read the entire policy carefully fo 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 1l Who Is An Insured. Other words and phrases that appear In quotation marks have special meaning. Refer to Sectlon V Definitlons. 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 suil seeking those damages. However we will have no duty to defend the insured agalnst any suit seeking damages for bodily injury or properly damage to which this insurance does not apply. We may at our discretion Investigate any occurrence and settle any claim or sult that may result. But 1 The amount we will pay for damages Is fimited as described in Section IIi Limits Of Ingurance and 2 Our right and duly to defend ends when we have used up the applicable limit of insurance in the payment of judgments or seltiements.under Coverages A or B or medical expenses under Coverage C. No other obligation or liabliity to pay sums or perform acts or services Is covered unless explicitly provided for under Supplementary Payments Coverages A and B. R b. This insurance appiies to bodily injury an property damage only if 1 The bodily injury or properly damage is caused by an 6ccurrence that takes place in the coverage territory 2 The bodily Injury or properly damage oceurs during the policy period and 3 Prior to the policy perlod 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 properly damage had oceurred in whole or In part. if such a listed Insured or authorized employoe 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 properly damage during or after the policy period will be deemed to have been known prior to the policy period. Bodlly injury or property damage which oceurs during the policy period and was not prior to the policy period known to have ocourred by any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or recelve noflce 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 ocourred at the earllest 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 nolice of an oceurrence or clalm. 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Recelves a wiitten or verbal demand or claim for damages because of the bodily Injury or property damage or 3 Becomes aware by any other means that bodily injury or properly damage has oceurred or has begun to ocour. o Damages hecause of bodily Injury Include damages clalmed 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 policy reslrict coverage. efully 0 determine rights t covered. words you and your shown in the Declarations ganization qualifying as a policy. The words we 3 company providing this any person or organization Section Il Who Is An that appear In quotation ng. Refer to Seclion V NJURY AND PROPERTY sums that ihe Insured gated to pay as damages jury or property damage 1ce applies. We will have defend the Insured against hose damages. However ty to defend the insured eking damages for bodlly damage to which this apply. We may at our te any occurrence and ult that may result. But will pay for damages Is ved in Section 1l Limits y to defend ends when we the applicable limit of payment of judgments or r Coverages A or B or s under Coverage C. or liabliity to pay sums or ivices Is covered unless for under Supplementary es A and B. ies to hodily iniury und e 1 insurance Services Ofilco inc. 2012 Page 1 of 16 CG 00010413 | 0 |
b Providing or fallng 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 manufadturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to biing alcohollc heverages on your premises for consumption on your premises whether or not a fee Is charged or a license Is required for such activity Is not by itself considered the business of selling seiving or furnishing alcoholic beverages. d. Workers Compensation And Simllar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation faw or any simitar faw. e. Employer s Liability Bodily injury to 1 An employes of the insured arising out of and in the course of a Employment by the Insured or b Performing duties related to the conduct of the Insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or In any other capacily 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 Hability assumed by the Insured under an insured contract. f. Poliution 1 Bodily Injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migratlon releass or escape of poliutants a At or from any premises site or localion which is or was at any time owned or occupled by or rented or loaned to any Insured. However this subparagraph 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 llabllity in a contract or agreement. This exclusion does not apply to liabliity 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 properly damage ocours subsequent to the executlon of the contract or agreement. Solely for the purposes of llability assumed in an insured contract reasonable atlorneys fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed o be damages hecause of bodily injury or property damage provided a Liabllity to such party for or for the cost of that party s defense has also been assumed In the same insured contraot and b Such attorneys fees and litigation expenses are for defense of ihat party against a clvil 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 1o a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation refating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege ngligence or other wrongdolng In. a The supervision hifng employment if r monitoring of others by that insured or Insurance Services Office Inc. 2012 CG 00010413 Page 2 of 16 | 1 |
i Bodily injury If sustained within a building and caused by smoks 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 bullding s ocoupants or thelr guests ii Bodily injury or property damage for which you may he held fiable If you are a contractor and the owner or lessse of such premises site or locatlon has been added to your pollcy as an additional Insured with respect to your ongoing operations performed for that additional insured at that premises site or locatlon 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 ill Bodily injury or properly damage arlsing out of heal smoke or fumes from a hostile flre b At or from any premises site or location which Is or was at any time used by or for any Insured or others for the handling storage disposal processing ortreatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by orfor i Any insured or 1 Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any Insured or any contrastors or subcontractors working direclly or indirectly on any insured s behalf are performing operations if the poliutants are brought on or to the premises site or location In connection wilh such operations by such Insured contractor or subcontractor. However this subparagraph does not apply to i Bodlly injury or property damege arising out of the escape of fuels lubricants or other operaing fiuids which are needed to perfonm the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or lts parts If such fuels lubricants or other operafing fluids escape from a vehicle part designed to hold store or recelve them. This exception does not apply if the bodily Injury or properly 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 flulds are brought on or to the premises site or locaion with the intent that they be discharged dispersed or released as part of the operations heing performed by such Insured contractor or subcontractor 1 Bodlly Injury or properly damage sustalned within a building and caused by the rolease of gases fumes or vapors from materials brought Into that building In connection with operations being performed by you or on your behaif by a contraclor or subcontractor o ili Bodily Injury or properly damage e arising out of heat smoke or fumes from hostile fire At or from any premises site or jocatlon on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or In any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contaln treat detoxify or neutrafize or In any way respond to or assess the effects of pollutants or Page 3 0f 16 Insurance Services Office Inc. 2012 GG 00010413 | 1 |
b The operation of any of the machinery or equipment listed in Paragraph f.2 or f3 of the definition of mobile equipment. h Mobile Equipment ody injury or properly damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented o 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 demofition 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 mliftary force including actlon in hindering or defending against an aclual or expected altack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or actlon 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 ocoupy 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 patt of those premises 3 Property loaned to you 4 Personal property in the care custody or contro of the insured 6 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behatf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be rostored repaired or replaced because your work was Incorrectly peiformed on it. b Claim or suit by or on behalf of a governmental authority for.damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants However this paragraph does not apply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or sult by or on hehalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to olhers of any alrcraft auto or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unfoading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing In the supervision hirng employment training or monitoring of others by that Insured if the ocourrence which caused the bodily Injury or properly damage Involved the ownership maintenance use or entrustment to others of any aircrafl auto or watercraft thal is owned or operated by or rented or loaned to any insured. This exciusion 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 oarry persons or properly for a charge 8 Parking an auto on or on the ways next 0 premises you own of rent provided the auto Is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership malntenance or use of alrcraft or watercraft or. 5 Bodily Injury or properly damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definltion of mobile equipment If it were not subject to a compulsory or flnanclal vesponsibillty law or other motor vehicle Insurance law where it is llcensed or principally garaged or CG 00010413 Insurance Services Office Inc. 2012 Page 4 of 16 | 1 |
B 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 perlod of seven or fewer consecutive days. A separate limit of Insurance applies to Damage To Premises Rented To You as described in Sectlon 1Nl Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupled rented or held for rental by you. Paragraphs 3 4 6 and 6 of this exclusion do not apply to llability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to propery damage included In the producis completed operations hazard. Damage To Your Product Properly damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arlses was performed on your behalf by a subcontractor..Damage To Impaired Property Or Property Not Physically Injured Property damage to impalred properly or property that has not been physically Injured. arising out of 1 A defect deficlency 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 coniract 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 accldental 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 expenso Incurced by you or others for the loss of usewithdrawal recall nspection repalr replacement adjustment removal or disposal of. 1 Your product 2 Yourwork or 3 Impaired properly 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 deficlency inadequacy or dangerous condition In it. 0. Personal And Advertising Injury Bodily injury arising out of personal and advertising Injury. p. Electronic Data Damages arlsing out of the loss of loss of use of damagse to corruption of inability to access or inability to manipulate electronic data. However this exciusion does not apply to liability for damages because of bodlly Injury. As used In this exclusion electronic data means information facts or programs stored as or on created or used on or transmilted to or from computer software including systems and applications software hard or floppy disks CD ROMs lapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or Indirectly out of any action or omission that violates or is afleged to violate 1 The Telephone Consumer Protection Act TCPA Including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Falr Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaclions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and thelr amendments and additions that addresses prohibits or limits the printing dlssemination disposal collecting recording sending transmiliting communicating or distribution of material or information. Exclusions. through n do not apply to damage by flre to premises while rented to you or temporarily occupled by you with permission of the owner. A separate limit of insurance applies 1o this coverage as described in Section IIl Limits Of Insurance. GG 00010413 Page 5 of 16 Insurance Services Office Inc. 2012 | 1 |
d. Criminal Acts pPersonal and advertising injury arising out of a criminal act commiited by or at the direction of the nsured. e. Contractual Liabllity Personal and advertising injury for which the Insured has assumed llability in a contract or agreement. This excluslon does not apply to liabliity for damages that the insured would have in the absence of the confract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 9. Quality Or Performance Of Goods Fallure To Conform To Statements personal and advertising injury arising out of the fallure of goods products or services o 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. 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 adverising idea in your advertisement. However this exclusion does not apply to Infingement in your adverisement of copyright trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an Insured whose business is 1 Advertlsing broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Intemet 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. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated o pay as damages hecause of personal and adverlising injury to which this Insurance applies We will have the right and duty to defend the insured against any sult seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may resuft. But 1 The amount we will pay for damages is limited as described in Section I Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable fimit of Insurance in the payment of judgmenls or seitlements under Coverages A or B or medical expenses under Goverage C. No other obligation or liability to pay sums or perform acts or services Is covered unless explicitly provided for under Supplementary Payments Coverages A and B b This Insurance applies to personal and advertising Injury caused by an offense arising out of your business but only if the offense was committed in the coverage terstory 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 advertislng injury. b. Material Published With Knowledge Of Falsity Personal and advertising Injury arising out of oral or written publication in any manner of materlal if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advetising Injury arising out of oral or written publication in any manner of material whose flrst publication took place hefore the beginning of the policy period. CG 00010413 Insurance Services Office Inc. 2012 Page 6 of 16 | 1 |
m. For the purposes of this excluslon 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 telocasting.. Electronic Chatrooms Or Bulletin Boards Personal and adverlising injury arising out of an electronic chalroom or bulletin board the Insured hosts owns or over which the Insured exerclses control. Unauthorized Use OF Another s Name Or Product Porsonal and advertising injury arising out of the unauthorized use of anothers name or product In your e mail address domain name or metateg or any other simllar taclics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of poliutants at any time.. Poliution related Any loss cost or expense arlsing 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 poliutants or Claim or suit by or on behalf of a governmental authorily for damages bacause of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or In any way responding to or assessing the effects of pollutants. 2. War Personal and adverlising injury however caused arising directly or Indirectly out of 1 War Including undeclared or civit war 2 Warlike action by a military force Including action In hindering or defending against an actual or expected attack by any government soverelgn or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by govermmental authorily In hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In ViolationOf Law Personal and advertising Injury arising directly or Indirectly out of any action or omission that violates or Is alleged to viclate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Falr Credit Reporting Act FCRA and any amendment of or additlon to such law Including the Fair and Accurate Credit Transacilons Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments.and additions that addresses prohibits or limits the priniing dissemination disposal collecting recording sending transmitting communicating or distribution of material or Information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described helow for badily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that. a The accldent takes place In the goverage lerritory and during the policy perlod b The expenses are Incurred and reported to us within one year of the date of the accldent and c The injured person submits to examination at our expense by physicians of our cholce as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limlt of insurance. We will pay reasonable expenses for 1 First ald administered at the time of an accldent 2 Necessary medical surgical X ray and dental services including prosthetic devices and 8 meanss CG 00010413 Insurance Services office Inc. 2012 Page 7 of 16 | 1 |
3 Necessary ambulance hospital professional nursing and funeral services. 2 Exclusions We will not pay expenses for bodily injury a. Any Insured To any Insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally ocgupies. d. Workers Compensation And Simliar Laws To a person whether or hot an employee of any Insured if benefits for the bodily Injury are payable or must be provided under a workers compensation or disabllily benefits law or a simllar law. e. Athletics Activitles To a person injured while practicing instructing or pariicipating In any physlcal exerclses or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SKEPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with rospect to any claim we investigate or selile or any sult against an Insured we defend a. All expenses we Incur.. b Up to 250 for cost of ball honds required because of accldents or traffic law violations arlsing out of the use of any vehicle to which the Bodlly Injury Liabliity Coverage applies. We do not have to furnish these honds.. The cost of bonds to release altachments 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 260 a day because of time off from work. g Page 8 of 16 2 Insurance Services Office Inc. 2012 e. All court costs taxed against the insured In the sult However these payments do not include attorneys fees or atlorneys expenses faxed agalnst the insured. Prejudgment Interest awarded agalnst the Insured on that part of the judgment we pay. If we make an offer to pay the applicable fimit 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 peid 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 agalnst a suil 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 sull against the indemnites seeks damages for which the insured has assumed the liabliity of the indemnitee In a contract or agreement that Is an insured contract This Insurance applies to such 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 d. The allegations in the suit and the Information we know about the ocourrence are such that no conflict appears fo exist belween 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 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 coples of any demands notices summonses or legal papers received in connection with the it Notify any other insurer whose coverage Is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance avallable to the iIndemnitee and f. b liabllity CG 00010413 ile practicing instructing y physical exercises or tic contests. Operations Hazard 5 products completed s 1ge A. ITS COVERAGES A ect to any claim we any sult against an Insurance Services Office Inc. 2012 Page 8 of 16 | 1 |
a. Your volunteer workers only while performing dutles related to the conduct of your business or your employees other than either your executlve offlcers if you are an organization other than a parinership joint venture or limited liabliity company or your managers if you are a limited liabllity 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 personai and advertising injury a To you to your partners or members If you are a partnership of joint venture to your members if you are a limited ligbliity company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing dutles related to the conduct of your business b To the spouse child parent brother or sister of thal coemployes or olunteer worker as a consequence of Paragraph 1a above c For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or falling to provide professional health care services. 2 Property damage to property a Owned occupled 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 pariner or member if you are a partnership or joint venture or any member f you are a limited lability company. b. Any person other than your employee or volunleer worker or any organization while acting as your real eslate 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 fhat property and 2 Provides us with wrilten authorization to a Obtaln records and other information related to the sult and b Conduot and control the defense of the indemnitee in such sult. So long as the above conditions are mel attorneys fees Inourred by us In the defense of that Indemnltee necessary liligation expenses incurred by us and necessary litigation expenses Incurred by the indemnitee at our request will be pald as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Sectlon 1 Coverage A Bodlly Injury And Property Damage Liability such payments wiil not be deemed to be damages for bodlly injury and property damage and will not reduce the limits of Insurance. Qur obligation to defend an Insured s indemnitee and to pay for altorneys fees and necessary litlgation expenses as Supplemontary Payments ends when we have used up the appiicable limit of Insurance In the payment of Judgments or seltlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO 18 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. 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.. A limited liabillty company you are an insured. Your members are also insureds but only with respect to the conduct of your husiness. Your managers are insureds but only with respect to thelr duties as your managers. 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 fo their duties as your officers or direclors Your stockholders are also insureds but only with respect to their liabllity as stockholders. 8. A trust you are an insured. Your frustees are also Insureds but only with respect to their dutles as trustees. 2. Each of the following Is also an insured b d. Insurance Services Ole Inc. 2012 Page 9 of 16 CG 00010413 | 1 |
2 Until your legal representative has been appolnted. d. Your legal representative If you dle but only with respect to dulies as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majorily Interest will qualify as a Named Insured If there Is no other simllar Insurance avallable to that organization. However a. Coverage under this provision Is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whicheveris earlier Coverage A does not apply to bodlly Injury or properly damage that occurred 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 organization. No person or organization Is an Insured with respect to the conduct of any current or past partnership joint venture or limited liabllity company that Is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANGE 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. Persons or organizations making claims or bringing suits The General Aggregate Limit Is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the preducts 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 hecause of bodily Injury and property damage included In the products completed operafions hazard. 4 Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising Injury sustalned by any one person or organization. b C. 5. Subject to Paragraph 2 or 3 above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodlly injury and property damage arising out of any one ocourrence Subject to Paragraph 5. ahove the Damage To Premises Rented To You Limit Is the most we will pay under Coverage A for damages because of properly damage to any one premises while rented to you or In the case of damage by fire while rented to you or temporarly occupled by you with permission of the owner Subject to Paragraph 5. above the Medical Expense Limit Is the most we will pay under Coverage C for all medical expenses hecause of hodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual perlod and to any remaining period of less than 12 months starting with the beginning of the policy perlod shown in the Declarations unless the policy period Is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptey or insolvency of the insured or of the Insured s estate wiil not relieve us of our obligations under this Coverage Part 2. Dutles In The Event Of Occurrence Offense Clalm Or Suit a. You must see to It that we are notified as soon as practicable of an ocourrence or an offense which may result In a clalm. 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 arlsing out of the occurcence or offense. b. If a claim is made or suil is brought against any Insured you must 1 Immediately record the specifics of the claim or sult and the date recoived and 2 Noify us as soon as practicable. L 7 L e most we will ge C xcept damages perty damage oted operations ons Aggregate Coverage A for and property CG 00010413 Insurance Services Office Inc. 2012 Page 10 of 16 | 1 |
a Any of the other insurance whether primary excess contingent or on any other basis That is Fire Extended Coverage Builder s Risk Installation Risk or stmilar coverage for your work it That Is Fire insurance for premises rented to you or temporarily ocoupled by you with permission of the owner iii That is Insurance purchased by you 1o cover your liability as a lenant for properly damage 1o premises rented to you or temporarily ocoupled by you with permission of the owner or iv If the loss arises out of the malntenance or use of aircraft autos or watercraft 1o the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Properly Damage Liabllity. b Any other primary insurance avallable to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional Insured. 2 When this Insurance is excess we will have no duty under Coverages A or B to defend the Insured agalnst any suit if any other insurer has a duty to defend the insured against that sult. If no other Insurer defends we will undertake to do so but we wliil be entitted to the insured s rights against all those other Insurers 3 When this Insurance Is excess over other insurance we will pay only our share of the amount of the loss If any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this Insurance and b The total of all deductible and self Insured amounts under all that other Insurance. 4 We will share the remaining loss if any with any other insurance that is not described In this Excess Insurance provision and was not bought specifically to apply In excess of the Limits of Insurance shown in the Declarations of this Coverage Part 3. You must see to it that we receive wrilten notice of the claim or sult as soon as practicable.. You and any other involved insured must 1 Immediately send us coples of any demands notices summonses or legal papers received In connection with the claim or sult 2 Authorize us to obtain records and other Information 3 Cooperate with us In the Investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request In the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this Insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or Incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a parly or otherwise bring us into a sult 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 setilement 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 seftiement means a seftlement and releass of llability signed by us the Insured and the claimant or the cialmant s legal representative.. Other Insurance If other valld and collectible Insurance is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a Primary Insurance This Insurance Is primary except when Paragraph b below applies. If this insurance Is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph below. b. Excess Insurance 1 This insurance is excess over Insurance Services Office Inc. 2012 Page 11 of 16 CG 00010413 | 1 |
. Method Of 8haring 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 foss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share Is based on the ratio of its applicable limit of Insurance to the total applicable limits of insurance of all Insurers 8 Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we wiil compute the earned premium for that period and send notice to the first Named Insured. The due date for audii and retrospective premiums fs the date shown as the due date on the biil. If the sum of the advance and audit premiums paid for the policy period Is greater than the earned premium we wili return the excess to the first Named nsured.. 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. 8. Representations By accepting this policy you agree a The statements In the Declaralions are acourate and complete b. Those slatements are based upon representations you made to us and We have Issued this policy in rellance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and bh. Separately to each insured against whom clalm Is made or suit Is brought b. 8. Transfer Of Rights Of Recovery Against Others To Us if the insured has rights to recover all or part of any payment we have made under this Coverage Pani those rights are transferred to us. The Insured must do nothing afier loss to impalr them. At our requesl the Insured will bring sui or transfer those rights to us and help us enforce them 9. When We Do Not Renew If we decide not to rensw this Coverage Part we will mall or deliver to the first Named Insured shown In the Declarations willten notice of the nonrenewal not less than 30 days before the explration date. If notice is malled proof of malling will be sufflcient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a nolice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of aftracling customers or supporters For the purposes of this definition a. Notices that are published Include material placed on the Internet or on simitar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or gervices for the purposes of attracting customers or supporters Is consldered an adveriisement. 2. Auto means a. A land motor vehidle tralier or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compuisory or financial responsibllity law or other motor vehicie insurance law where it is licensed or principally garaged. However auto does not nclude equipment 3. Bodlly injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage teritory 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 oceurs in the course of travel or ransportation between any places Included in Paragraph a. above or moblle l applicable limits of premiums for this nce with our rules ou agree the Declarations are 1 are based upon ade to us and policy in reliance upon CG 00010413 Insurance Services Office Inc. 2012 Page 12 of 16 | 1 |
L 7. 9. Employee c. All other parts of the world If the Injury or damags 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 lime on your business or 3 Personal and advertlsing injury offenses that take place through the Internet or similar electronic means of commtinication provided the insured s responsibliity to pay damages Is determined In a sul on the merits in the terdtory described In Paragraph a ahove or in a seltlement we agree to. Includes a leased worker. Employee does not include a temporary worker. Execulive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostlle fire means one which becomes uncontroliable or breaks out from where it was Intended to be.. Impaired property means tanglble 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 defeclive deficient inadequate or dangerous or b. You have falled to fulfill the tems of a contract or agreement if such properly can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulflliing the tems of the conlract or agreement. Insured contract means a. A contract for a lease of premises. However that portlon 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 agreemont except In connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your bushess Inciuding an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party fo pay for bodily injury or properly damage to a third person or organization. Tort llability means a liabllity that would be imposed by law In the absence of any contract or agreement. Paragraph f. does not Include that part of any contract or agreement 1 That Indemnifies a raflroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecling any rallroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or falling to prepare or approve maps shop drawings opinions reporls surveys fleld orders change orders or drawings and speclfications 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 labllity for an Injury or damage arlsing out of the insured s rendering or fallure to render professional services including those fisted in 2 above and supervisory inspection architectural or engineering activifies. 10.Leased worker means a person leased to you by a labor leasing finm under an agreement between you and the labor easing firm to perform dutles related to the conduct of your business. Leased worker does not include a temporary worker 11.Loading or unioading 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 o Llruarasor Insurance Services Offico inc. 2012 Page 13 nH CG 00010413 | 1 |
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 alrcraft watercraft or auto. 12Moblle equipment means any of the following types of land vehicles Including any attached machinery or equipment a. Bulidozers farm machinery forklifts and other vehlcies designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or nol malntained primarlly to provide mobiity to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders serapoers or roliers e. Vehicles not described in Paragraph a b. or d. above that are not self propelled and are maintained primarily to provide mobllity to permanently attached equipment of the following types 1 Alr compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and simiiar devices used t raise or lower workers. f. Vehicles not described in Paragraph a. b. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to ralse or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment However mobile equipment does not Include any land vehicles that are subject 1o a compulsory or financlal responsibllity law or other motor vehicle Insurance law where i s licensed or principally garaged. Land vehicles subject fo a compuilsory or financial responsibilily law or other molor vehicle Insurance law are considered autos..Occurrence means an accldent Including continuous or repeated exposure to substantially the same general hannful conditions. 14.Personal and adverlising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or Imprisonment b Malicious prosecution. The wrongful eviction from wrongful entry Into or nvaslon of the right of private occupancy of a room dwelling or premises that a person ocouples commiited by or on behalf of its owner landlord or essor d. Oral or written publication n 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 wiltten publication In any manner of materal that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement.. Pollutants mean any solld liquid gaseous or themmal Iritant or contaminant including smoke vapor sool fumes aclds alkalis chemicals and waste. Waste Includes materials to be recycled reconditioned or reclaimed. 186.Products completed operations hazard a. Includes all bodlly injury and properly damage ocourring away from premises you own or rent and arising out of your product or your work except 1 Products that are stilf in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. 1 1 o r not flity to gers or ipment b c nd are fity to f the rators uilding lighting 1sed to Page 14 of 16 CG 00010413 Insurance Services Office Inc. 2012 | 1 |
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 lts 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 otherwlse complete will be treated as completed. b Does not Include podily 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 oading 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 Declaratlons or in a policy Schedule states that produsts completed operations are subject 1o the General Aggregate Limit. 17.Property damage means a. Physical Injury o tangible property including all resulting loss of use of that property. All such loss of use shall be deemed fo occur at the time of the physlcal injury that caused it or Loss of use of tangible property that fs not physically injured. All such loss of use shall be deemed to ocour at the time of the occurrence that caused It. For the purposes of this Insurancs electronic data is not tangible property. As used in this definition electronic data means Informatlon facts or programs stored as or on created or used on or transmited 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..Sult 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. Sult Includes b 1 3 a An arbliration 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.. 19Temporary worker means a person who Is furnished to you to substitute for a permanent employee on ieave or to meet seasonal or short tem workload conditions. 20.Volunteer worker means a person who Is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and Is not pald a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a Means 1 Any goods or products other than real properly manufactured sold handled distribuied or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Contalners other than vehicles materials parts or equipment furnished In connection with such goods or products. b. Includes 1 Warrantles or representations made at any time wilh respect to the fitness quallty durability performance or use of your product and 2 The providing of or fallure 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. b. Page 16 of 16 Insurance Servicos Office inc. 2012 CG 00010413 | 1 |
22.Your work a Means 1 Work or operations performed by you or on your hehalf and 2 Materlals 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 fallure to provide warnings or Insiructions Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
COMMERCIAL GENERAL LIABILITY CG 2107 06 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A Exclusion 2.p. of Section Goverage A Bodily Injury And Property Damage Liability Is replaced by the following 2 Exclusions This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liabllity Damages arising out of 1 Any access to or disclosure of any person s or organization s confidentiaf or personal information including patents trade secrets processing methods customer lists financial Information credit card Information heaith Information or any other type of nonpublic information or The loss of loss of use of damage to corcuption of inability to access or Inability to manipulate efecironic data. This exclusion applies even If damages aro claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising oul of that which Is described in Paragraph 1 or 2 above. 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 soflware including systems. and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other medla which are used with electronically controlled equipment. 2 B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liabllity 2 Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal Information Including patents trade secrets processing methods customer lists financlal information credit card Information heaith Informatlon or any other type of nonpublic Informatlon. This excluslon applies even if damages are claimed for notification costs credit monitoring expenses forensic oxpenses public refations expenses or any other loss cost or expense Incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. Insurance Seivices Office Inc. 2013 Page 1 of 1 CG 2107 05 14 | 2 |
COMMERCIAL GENERAL LIABILITY G 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement madifies Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A The following exclusion is added to Paragraph 2. Excluslons of Seofion Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Temnination of that person s employment or Employment related practices policles acts or omissions such as coercion demo flon evaluatlon reassignment discipline defamation harassment humiltation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described In Paragraphs a b or c above Is directed This excluslon applies 1 Whether the injury causing event described In Paragraphs a b or above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages bhecause of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This Insurance doss not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Temminatlon of that person s employment or c Employment related practices policies acts or omisslons such as coerclon demo tion evaluation reassignment discipline defamation harassment humiliation dis orimination or maliclous prosecution di rected at that person or 2 The spouse child parent brother or sister of hat person as a consequence of personal and advertising Injury to that person at whom any of the employment refated practices described in Paragraphs a b or above s directed. This exclusion applies 1 Whether the Injury causing event desciibed in Paragraphs a b or above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be llable as an em ployer or in any other capaclty and 3 To any obligation o share damages with or repay someone else who must pay damages because of the injury. ability Y n s employment clices policles coercion demo mont discipline humiltation dis prosecution di other or sister of of bodily injury the employment Paragraphs a ISO Propertles Inc. 2006 Page 1 of 1 jn CG 21471207 | 2 |
COMMERGIAL GENERAL LIABILITY CG 21 96 03 06 THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The foliowing exclusion Is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liabllity sonal And Advertising Injury Liability 2. Exclusions o 2 Exclusions This Insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising In whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil fea or sllica related dust. b. Properly damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex Istence of or presence of silica or sllica related dust. Any loss cost or expsnse arising i whole or In part out of the ahating testing for monitoring cleaning up removing contain ing treating detoxifylng neutralizing remediating or disposing of or in any way responding to or assessing the effects of vsilica or silica related dust by any in sured or by any other person or entily. C. This insurance does not apply to Silica Or Sllica Related Dust a Personal and advertising Injury arising in whole or In part out of the actual alleged threatened or suspscted Inhalation of in gestion of contact with exposure to exis tence of or presence of silica or sliica related dust. b. Any loss cost or expense arising In whole or in part out of the abating testing for monitoring cleaning up removing contain ing freating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or sllica related dust by any In sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Sllica means silicon dioxide ocourdng in crystalline amorphous and impure forms sii ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or com binatlon of silica and other dust or particles. or in part eatened or tion of sll whole or In threatened sure to ex 1 or sllica g in whole testing for 1 g contain eutralizing Page10f1 O 18O Properiies Inc. 2004 CG 2196 03 05 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22941001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DAMAGE TO WORK PERFORMED BY SUBCONTRACTORS ON YOUR BEHALF This endorsement modiles Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Ecluson I. of Section Coverage A Bodily Injury And Property Damage Liability Is replaced by the following 2. Exclusions This insurance does not apply to I. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Page1of1 180 Propertles Inc. 2000 CG 22941001 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUGCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or properly damage arising oul of The definition of insured contract in the Definitions section Is replaced by the following Insured contraol means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that Indemnifiles any person or organization for damage by flre to premises whiie rented to you or temporarily occupled 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 raliroad. An obfigation as required by ordinancs to indemnify a municipality except in connection with work for municlpality. An elevator malntenance agreement. That part of any other contract or agreement pertaining to your business Including an indemnification of a municipality In connection with work performed for a municipality under which you assume the tort liabliity of another party to pay for bodily injury or property damage to a third person or organization provided the bodlly injury or propery damage Is caused In whole or In part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liabllity Is permitted by law. Tort liability means a liabllity that would be imposed by law in the absence of any contract or agreement construction or demolition operatlons within 50 feet of any railroad properly and affecting any raifroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for Injury or damage arising out of a Preparing approving or falling to prepare or approve maps shop drawings opinions reports surveys fleld orders change orders or drawings and specifications or b Giving directions or instructions or falling to give them If that Is the primary cause of the Injury or damage or 3 Under which the insured If an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services Including those listed in 2 above and supervisory Inspection architectural or engineering activitles. Insurance Services Offics Inc. 2012 Page 1 of 1 CG 24260413 | 2 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Paris included in this polley are subject to the following conditlons. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by malling or delivering to us advance written notice of cancellation.. 2 We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation If we cancel for nonpayment of premium or. b. 30 days before the effeclive date of cancellation If we cancel for any other reason. 3. We wiil mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. B. If this policy Is cancelled we will send the flrst Named Insured any premium refund due. If wo cancel the refund will be pro rata. If the first Named nsured cancels the refund may be less than pro rata. The canceliation will be effective even If we have not made or offered arefund. 8. If notice is malled proof of maliing will be sufficlent proof of notice. B. Changes. This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations Is authorized to imake changes in the terms of this policy with our consent. This policy s terms can be amended or walved only by endorsement issued by us and made part of this policy.. C. Examination Of Your Books And Records We may examine and audit your hooks and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make Inspections and surveys at any time b. Give you reports on the conditions we find and. Recommend changes. 2 We are not obligated to make any inspections surveys reports or recommendations and any such actlons we do undertake relate only to insurabliity.and the premiums to be charged. We do not make safety inspections. We do not undertaks to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b Comply with laws regulations codes or standards. Paragraphs 1. and 2. of his condition apply not only to us but also to any rating advisory rate service or similar orgenization which makes insurance inspections surveys reporis or recommendations Paragraph 2 of this condition does not apply to any Inspections surveys reporls or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of bollers pressure vessels or elevators 3 4. Premiums The first Named Insured shown In the Declarations 1. Is responsible for the payment of all premiums and 2 Wil be the payse for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an Individual named Insured. If you dis your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your properly will have your rights and duties but only with respect to that property. Named Insured shown in the may cancel this policy by maliing to us advance written notice of noel this policy by mailing or the first Named Insured writton cellation at least hefore the effective date of on If we cancel for nonpayment of or. before the effeclive date of on if we cancel for any other or deliver our notice to the first ed s last mailing address known 10 ncellation will state the effective llation. The policy period will end s cancelled we will send the first od any premium refund due. If we ofund wili be pro rata. If the first ed cancols the refund may be o rata. The cancellation wiil be ity TTRE WA Jreements between nsurance afrorded s his L0017 11 98 Page 1 of 1 o Gopyright Insurance Services Office inc. 1998 | 2 |
IL 00 2109 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERGCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. Under any Liabllity Coverags to bodily injury A. Under any Liability Coverage to bodily Injury or property damage resulting from hazard or property damage ous properties of nuclear material If 1 With respect to which an insured under the policy Is also an insured under a nu clear energy liabllity policy issued by Nu clear Energy Liability Insurance Assocla tion Mutual Atomic Energy Liabllity Underwriters Nuclear Insurance Assocla tion of Canada or any of thelr successors or would be an Insured under any such pol ley but for lis termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financlal protection pur suant to the Atomic Energy Act of 1854 or any law amendatory thereof or b the in sured Is or had this policy not been Issued would be entitied to Indemnity from the Unlted States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 2 B. Under any Medical Payments coverage to expenses incuired with respect to bodily in Jury resulling from the hazardous propertles of nuclear material and arising out of the op eration of a nuclear facllity by any person or organization. 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an Insured or b has been dis charged or dispersed therefrom 2 The nuclear material Is contalned In spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodlly Injury or property damage arises out of the furnishing by an Insured of services materials paris or equipment in connection with the planning construction maintenance operalion or use of any nu clear facllity but if such facility Is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age o such nuclear faclily and any property thereal. 2. As used In this endorsement Hazardous properties Inoludes radioactive toxic or explosive properties. Nuclear material means source material spe clal 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 faw amendatory thereof. IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 0f 2 u | 2 |
Spent fuel means any fuel element or fuel com ponent solid or llquid which has been used or ex posed to radiation in nuclear reactor Wasle means any waste malerial a containing by product material other than the tallings or wasles produced by the extraction or concenira tion of urantum or thorium from any.ore processed primarily for its source material content and b resulting from the operatlon by any person or or ganization of any nuclear facility Included under he first two paragraphs of the definition of nu clear facility. Nuclear facllity means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utllizing spent fuel or 3 handllng processing or packag ing wasta c Any equipment or device used for the proc essing fabricaling or alloying of special nuclear material If at any time the total amount of such material in the custody of the insured at the premises where such equipment or device Is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranlum 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and Includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contaln a critical mass of fisslonable materlal Property damage Includes all forms of radioac tive contamination of property. 1L 00 21 09 08 u IS0 Properties Inc. 2007 Page 2 of 2 | 2 |
IL. 02 6109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies Insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERGCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2 of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the in 2a. We may cancel this policy by malling or deliv ception of this policy ering to the flrst Named nsured written notice 6 A determination by the insurance commis of cancellation stating the reasons for cancel sfoner that continuation of coverage could lation at least place us in hazardous financial condition 1 10 days before the effective date of cancel or in violation of the laws of Kansas or lation If we cancel for nonpayment of pre 8 A determination by the Insurance commis mium sloner that we no longer have adequate re 2 30 days before the effeclive date of cancel Insuranco to meet our noeds. lation If we cancel for any other reason. B. The following is added and supersedes any condl b If this policy has been in effect for 90 days or tionto the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may cancel this policy only for one or more 1. If we decide not to renew this policy we wilt of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first 2 This policy was Issued because of material Named Insured at least 60 days prior to the mlsreresmeuon expiration of the policy. Any notice of nonrenewal will be mailed or 8 You or any other Insured victaled any of the delivered to the first Named Insured s last mall material torms and conlitions of this polioy ing address known to us. If notice Is malled proof of mailing will be sufficient proof of no tice. 180 Properties inc. 2006 IL 02 6108 07 Page 1 of 1 o | 2 |
MID CONTINENT GROUP PRIVACY NOTICE AND NOTICE OF INFORMATION PRACTICES The member of Mid Continent Group Mid Continent including those companies listed at the end of this Notice respent your right to privacy. We want you to know about our procedures for protecting your privacy and your rights and responsibllities regarding information we recelve about you. We want you to understand how we gather Information about you how we protect It and how you can help ensure its accuracy. Although we may provide this Notice as information to additional persons the terms of this Notice apply to those Individuals who Inquire about or obtain Insurance from MId Conlinent primarily for personal family or household purposes and certain group Insurance plans. We will provide our customers with a copy of the most recent notice of our privacy pollcy t least annually and more ofien If we make any changes affecting their righs under our privacy policy. This Notice applles to current and former customers of Mid Continent but does not In any way imply or affect insurance coverage. You can find the online version of this Notice on our web site at www.mcgins.com Because Mid Contlnent does not share your information outside of permitted exceptions there is no need for you to take any action under this Notice. If we change our practices In the future we will advise you and If appilcable enable you to opt out of certaln sharing. 1. What kind of information is collected about you We get most of our Informalion about you directly from you such as your name address soclal security number income level and certaln other financlal information on insurance applications and other forms that you provide to us. While in some casos the information you provide to your Insurance representative during the insurance application process glves us all the Information we need to evaluate you or your property for insurance there are Instances when we may need additional information or may need to verify Information you have given us. In those cases we may obtaln information from oufside sources at our own expense. It is common for an nsurance company to ask an independent source to verify and supplement information given on an insurance application. There are many such independent companies commonly called consumer repoiting agencies which are In the business of providing Independent information to insurance and other financlal services companles. We will ireat the Information we receive about you from an independent reporting agency In accorlance with the terms of this Notice. Upon our receipt of your wrilten request sent to the address set forth in Section 5 we will inform you of the name and address of any agency we have used to prepare a report on you so that you can contact the agency. Once you have been an lnsured customer of ours for a period of time your record may contaln informatlon related to our experlences and transactions with you such as insurance policy coverage premiums and payment history and any claims you make under your insurance policy. For example Information collected by a claims representative and any policy or fire report will be retained by us. Any Information that we coliect in connection with an Insurance claim will be kept in accordance with this Notice. Each company within Mid Continent Group may disclose information about you to an affiliate regarding its transactions and experiences with you such as your payment or claims history. We do not currently share other credit related informalion except as permitted or required by law. Finally we do use cookies when you Interact with our web sites 1o make that experience easy and meaningful for you. When you visit our web site our web server sends a cookle to your computer. A cookle is an electronically transmitted file that holds small pleces of information. When you navigate through our web site your browser requests pages for you o view and that request will Include the information stored in the cookle we previously sent to your computer. This process is like an electronic handshake between our system and your computer the information exchanged allows us to recognize your browser. Cookies are used to collect and store only the following information the visitor s domain name the Internet address of the web site from which the visitor linked directly to our web site the pages of our site that the visitor views and the length of time spent on each page browser and operating system platform type and the dale and time the visitor accessed our site. M1 90 46 06 10 Page 10f3 Page10of3 | 2 |
Cookies as well as data taken from them do not Identify you personally. They merely recognize your browser. Unless you choose to identify yourself to us either by responding to a promotional offer buying a policy or registering for an online service you remain anonymous. Session cookles exist only during an online session with Mid Continent. Session cookies allow you o conduct transactions or requests on our web site. Without the sesslon cookie information we would not be able to complete your web transactions securely. Session cookies help us make sure you are who you say you are after you have logged in. We do not sell this or any other information about you to other web sites merchanis or financlal institutions. 2 What do we do with information about you. Information about you will be kept in our insurance policy records. We will refer to and use that information for purposes related to issuing and servicing insurance policles and sellling claims. Generally personal Information about you in our records will not be disclosed by us to any external organization without your prior authorization. However we may as permitted by law share Information about you contained in our files with certain persons or organizations such as yourinsurance representative persons who represent you in a fiduclary capacity including your attorney or trustee or who have a legal interest in your insurance policy adjusters appraisers auditors investigators and attorneys persons or organizations who need the information to perform a business professional or insurance function for us other insurance companies agenis or consumer reporting agencies as information Is needed In connection with any insurance application policy or claim involving you medical professionals to Inform you of a medical condition of which you may not be aware persons or organizations that conduct research including actuarial or underwriting studies provided that no individual information may be identified in any research study report persons or organizations that perform marketing services on our hehalf or lo other financlal institutions with whom we have joint marketing agreements our afflliated companles to a court state Insurance department or other government agency pursuant to a summons court order search warrant subpoena or as ofherwise required by law or regulation. 8. Who has access to your information Mid Continent curcently Incorporates a system of passwords and other appropriate physical efectronic and procedural safeguards to protect agalnst unauthorized access to potentially private Information. We will educate our employees about the terms of this Notice and the Importance of confidentialily and customer privacy. Employees who gain unauthorized access or who otherwise violate our privacy policy are subject to discipiinary action up to and Including termination of employment. We pian to monitor and evaluate our information security program and avallable security software In light of relevant changes In technology to determine ways to increase protections to the securily or integrity of our records and information. Mi 80 46 06 10 Page 20f3 | 2 |
4. How can you review recorded information about you Generally you have the right to review and receive a copy of the recorded personal Information ahout you contained in our files with respect to a particular policy number except for certaln legal and medical documents. You have the further rights to request that we correct any of this Infonmation. To exerclse these rights you must send to us a notarized request at the address set forth below stating your complete name address insurance policy number daytime phone number and a copy of your driver s license or other personal identification. If you believe any information Is incorrect we will investigate and correct it if we can substantiate the error. Even if we do not correct the information you have the right to flle with us a written statement of dispute which we will Include in any future disclostre of the information. 5. How can you contact us If after reading this you have any questions about our privacy policy please write to us at the following address MID CONTINENT GROUP 1437 8. Boulder Sulte 200 Tulsa OK 74119. Attn Compliance Office Privacy Mid Continent Casualty Company Mid Continent Assurance Company Oklahoma Surety Company MI 90 48 06 10 Page3of3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Any person or organization for whom the named insured is operating under a written Insured contract when such contract requires a waiver of transfer of rights of recovery against others. If no entry appears abave information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement. The following Is added to Paragraph 8. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US of Section IV Conditions We walve any right of recovery we may have agalnst the person or organization shown in the Schedule above hecause of payments we make for Injury or damage arising out of your work done under a contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. ML 10 80 07 11 Page 10f1 | 2 |
POLICY NUMBER 04 GL000808929 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERGIAL GENERAL LIABILITY GOVERAGE PART SCHEDULE Designated Constructlon Projects ALL PROJECTS AWAY FROM YOUR PREMISES WHERE YOU ARE PERFORMING WORK it no entry appears above information required to compiete this endorsement will be shown in the Declarations as applicable to this endorsement.. A For all sums which the Insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage G which can be attribuled only to ongoing operations at a single deslgnated construction project shown In the Schedule above 1. 2 A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardiess of the number of a Insureds b. Claims made or suits brought or Persons or organizations making claims or bringing suits. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Gonstruction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown In the Declarations nor shall they reduce any other Deslignated construction Project General Aggregate Limit for any other designated construciion project shown In the Schedule above. The limits shown In the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However Instead of belng subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 and for all medical expenses caused by accidents under COVERAGE C SECTION 1 which can not be aitributed only to ongoing operations at a single designated construction project shown In the Schedule above 1. 2. Any payments made under COVERAGE A for damages or under COVERAGE G for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and Such payments shall not reduce any Designated construction Project General Aggregate Limit. ML 10 7 05 08 Page 1 of2 | 2 |
C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included In the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. 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 designsspecifications or timetables the project will still be desmed to be the same consiruction project. The provisions of Limlts of Insurance SECTION Ill not otherwise modified by this endorsement shall continue to apply as stipulated. 1411097 05 09 Page2of2 | 2 |
THIS ENDORSEMENT CHANGES THiE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsamenl modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Any person or organization for whom the named insured has agreed by written Insured contract to designate as an additional insured subject to all provisions and limitations of this policy. If no entry appears above Information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO 18 AN INSURED Section I Is amended to include as an insured the person or organization shown in the Schedute but only with respect to fiability caused in whole or In part by your performance of ongoing operations for that Insured. However 1. The Insurance afforded to such additional insured only applies to the extent permiited by law and 2. If coverage provided to the additional Insured Is required by written insured contract the Insurance afforded to such additional insured will not be broader than that which you are required by the written insured contract to provide for such additional Insured. ML 10 81 04 13 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY FUNGUS MILDEW AND MOLD EXCLUSION This endorsement modifles Insurance provided under the following COMMERGCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTION LIABILITY COVERAGE PART This insurance does not apply to 1 Bodily injury property damage personal and advertising Injury or medical payments arising out of resulting from caused by contributed to altributed to or in any way related to any fungus mildew mold or resulting allergens 2. Any costs or expenses assoclated In any way with the abatement mitigation remediation containment detoxification neutralization monitoring removal disposal or any obllgation to investigate or assess the presence or effects of any fungus mildew mold or resuliing ailergens or 3. Any obligation to share with or repay any person organization or enlity related Iin any way to items 1 and 2. ML 12 17 02 10 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION ASBESTOS This endorsement modifies Insurance provided under the following COMMERGCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM This insurance does not apply to bodily Injury property damage or personal and advertising injury arlsing out of the actual or alleged presence or aclual alleged or threatened dispersal of ashestos asbestos flbers or products contalning ashestos provided that the injury or damage is caused or contributed to by the hazardous properties of ashestos. This includes a. Any supervision Instructions recommendations warnings or advise given or which should have been given In conneclion with the above and b Any obligation to share damages with or repay someone else who must pay damages because of such injusy or damage. All other conditions remain unchanged ML 13 44 11 04 Page 10f1 | 2 |
THIS ENDORSEMENT CHANGES THE POLIGY. PLEASE READ IT CAREFULLY EXCLUSION LEAD S T T T R R R TeeiE A This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRAGTORS LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM This insurance does not apply to bodily injury property damage or personal and adventising Injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of lead lead particles or products containing lead provided that the injury or damage Is caused or contributed to by the hazardous propertles of lead. This includes a. Any supervislon instructions recommendations warnings or advice given or which should have been glven In connection with the above and b Any obligatlon to share damages with or repay someone else who must pay damages because of such Injury or damage. All other condltions remaln unchanged ML 14 39 11 04 Page 10f1 | 2 |
In Witness Whereof we have caused this policy to be executed and attested and If required by state law this policy shall not be valid unless countersigned by our authorized representative. MWS. Dauw President | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF DECLARATIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representa tive. Secretary J whd.ww President and Chief Executive Officer Yftuarn Aonlhof AGR DS 1003 08 16 Page 1 of 1 | 2 |
Allianz Global Risks US Insurance Company COMMERCIAL GENERAL LIABILITY AGR GL 1001 1103 COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER USL00058019 Allianz Global Risks US Insurance Company 225 W. Washington St. Suite 1800 Chicago IL 60606 68 Los Angeles Office Lockton Companies LLC 0028096 444 W 47th St 900 Kansas City MO 64112 1906 NAMED INSURED Quadra Chemicals Inc. MAILING ADDRESS 241 Ridge St. Suite 210 Reno NV 89501 POLICY PERIOD FROM June 07 2019 TO June 07 2020 YOUR MAILING ADDRESS SHOWN ABOVE AT 1201 AM. TIME AT IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 Any one premises MEDICAL EXPENSE LIMIT 00 Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 1000000 0 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS INDIVIDUAL PARTNERSHIP JOINT VENTURE LIMITED LIABILITY COMPANY v ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY BUSINESS DESCRIPTION Wholesale Distribution of Chemicals Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1998 AGR GL 1001 1103 INSURED Page 1 of 2 POLICY NUMBER USL00058019 nsurance Company uite 1800 ckton Companies LLC 0028096 4 W 47th St 900 ansas City MO 64112 1906 ny one premises PARTNERSHIP JOINT VENTURE LITY COMPANY v ORGANIZATION INCLUDING A CORPORATION BUT NOT AGR GL 1001 1103 Page 1 0of 2 | 2 |
Allianz Global Risks US Insurance Company ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY Per Schedule on file with the Company CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NUMBER NO. BASE Prem Prod Comp Prem Prod Comp Ops Ops Ops Ops Schedule on All Operations of the 50050 Flat Flat Flat Incl. 25224 file with the Named Insured Company Certified Terrorism 1000 STATE TAX OR OTHER if applicable Not Applicable TOTAL PREMIUM SUBJECT TO AUDIT s. AT INCEPTION s 26224 PREMIUM SHOWN IS PAYABLE AT EAGH ANNIVERSARY. IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS AUDIT PERIOD IF APPLICABLE ANNUALLY SEMI QUARTERLY MONTHLY ANNUALLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY Per Forms and Endorsment List THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBER POLICY. Countersigned By M 7 M Date Authorized Representative 1 G HTUUIE Ut Hpatly 1000 REMIUM SHOWN IS PAYABLE RSARY Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1998 INSURED AGR GL 1001 1103 Page 2 of 2 | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Quadra Chemicals Inc. POLICY NUMBER USL00058019 EFFECTIVE DATE 672019 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice All States Policyholder Notice OFAC Policyholder Message Nevada State Required Premium Tax Commercial General Liability Coverage Form Common Policy Conditions Exclusion Asbestos Liability Exclusion Aircraft Products and Grounding Liability Exclusion All Hazards In Connection With Designated Premises Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability w BI excpt Exclusion Designated Professional Services Employment Related Practices Exclusion For Use with the Commercial General Liability Coverage Forms Fungi Or Bacteria Exclusion Exclusion Of Other Acts Of Terrorism Committed Outside The US Cap On Losses From Certified Acts Of Terrorism Exclusion Exterior Insulation And Finish Systems Silica or Silica Related Dust Exclusion Exclusion Testing or Consulting Errors and Omissions Exclusion Engineers Architects or Surveyors Prof. Liab. Nuclear Energy Liability Exclusion Endt. Deductible Liability Insurance Per Occurrence Economic or Trade Sanctions Endorsement Additional Insured When Required by Contract Ongoing Ops Advice of Cancellation to Entities Other Than An Insured EMAIL Employee Benefits Liability Coverage Primary and Noncontributory Other Ins Condition Endt Additional Insured Managers or Lessors of Premises Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You AGR DS 1002 11 03 FORM NUMBER AGR IL 8001 04 18 AGR IL 8003 01 05 AGRL IL 8NV1 06 07 CG00010413 1L00171198 AGR GL 5002 11 03 AGR GL 5005 11 03 G 21000798 CG 21060514 CG21160413 CG21471207 CG21671204 CG21710115 G21861204 G 21960305 G22330413 G22430413 IL 0021 09 08 AGR GL 3001 11 03 AGRL CG 5001 07 08 AGRL CG 6001 04 10 AGRL L 8002 01 14 G 04351207 G20010413 G20110413 G20340413 EDITION DATE 042018 012005 062007 042013 111998 112003 112003 071998 052014 042013 122007 122004 012015 122004 032005 042013 042013 092008 112003 072008 042010 012014 122007 042013 042013 042013 | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Quadra Chemicals Inc. POLICY NUMBER USL00058019 EFFECTIVE DATE 672019 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Waiver of Transfer of Rights of Recovery Against Others to Us Exclusion Designated Persons or Organization JV RelaDyne Inc. Exclusion Discrimination Extended Coverage Endorsement Non Pyramiding Of Limits Endorsement Nevada Changes Domestic Partnership Nevada Changes Cancellation and Non renewal FORM NUMBER G 2404 05 09 AGR IL M001 11 03 AGR IL M001 11 03 AGR IL M001 11 03 AGR IL M001 11 03 ILO1 1501 10 IL 02 51 09 07 EDITION DATE 052009 112003 112003 112003 112003 012010 102007 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE ALL STATES Allianz Global Corporate and Specialty Allianz Global Risks US Insurance Company or Allianz Underwriters Insurance Company As Shown On the Declarations Page 24 Hour Emergency Claims Service TO OBTAIN INFORMATION FILE A CLAIM OR TO MAKE A COMPLAINT You may call Allianz Global Risks Company s or Allianz Underwriters Insurance Company s toll free number at Phone 1 800 558 1606 Fax 1888 323 6450 To report a claim via e mail NewLossagcs.allianz.com You may also write to Allianz Global Corporate Specialty Attn Claims Department One Progress Point Parkway Suite 200 OFallon MO 63368 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. 3 1606 Fax AGR IL 8001 04 18 Page 1 of 1 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC 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 o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. 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. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number USL00058019 Effective Date June 07 2019 Policyholder Message Nevada State Required Premium Tax As a part of providing insurance coverage in the state of Nevada all insurers are required to collect a general premium tax payable to the state. A portion of the premium we charged for your insurance is attributable to this general premium tax. If you have any questions about this tax please contact your agent or broker. AGRL IL 8NV1 06 07 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faiing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Hll Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 5 6 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit o b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
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