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4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitlted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 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 ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient 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 Declara tions 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. C. Examination Of Your Books And Records We may examine and audit your books and rec ords 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 c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to 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 warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. 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 in sured. 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 repre sentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
Allianz Global Risks EXCLUSION ASBESTOS LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO 1. BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY ARISING OUT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST ANY OBLIGATION OF THE INSURED TO INDEMNIFY ANY PARTY BECAUSE OF DAMAGES ARISING OUT OF SUCH BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AS A RESULT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST OR ANY OBLIGATION TO DEFEND ANY SUIT OR CLAIM AGAINST THE INSURED ALLEGING BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AND SEEKING DAMAGES IF SUCH SUIT OR CLAIM ARISES FROM BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AS A RESULT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST. All other terms and conditions remain unchanged. AGR GL 5002 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION AIRCRAFT PRODUCTS AND GROUNDING LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART IT IS AGREED THAT THIS POLICY SHALL NOT APPLY TO ANY LIABILITY ARISING OUT OF AIRCRAFT PRODUCTS OR RELIANCE UPON ANY REPRESENTATION OR WARRANTY MADE WITH RESPECT THERETO OR TO ANY LIABILITY ARISING OUT OF THE GROUNDING OF ANY AIRCRAFT. AIRCRAFT PRODUCTS MEANS AIRCRAFT INCLUDING MISSILES OR SPACECRAFT OR ANY OTHER GOODS OR PRODUCTS MANUFACTURED SOLD HANDLED OR DISTRIBUTED OR SERVICES PROVIDED OR RECOMMENDED BY THE INSURED OR BY OTHERS TRADING UNDER HIS NAME FOR USE IN THE MANUFACTURE REPAIR OPERATION MAINTENANCE OR USE OF ANY AIRCRAFT. GROUNDING SHALL MEAN THE WITHDRAWAL OF ONE OR MORE AIRCRAFT FROM FLIGHT OPERATIONS OR THE IMPOSITION OF SPEED PASSENGER OR LOAD RESTRICTIONS ON SUCH AIRCRAFT BY REASON OF THE EXISTENCE OR ALLEGED OR SUSPECTED EXISTENCE OF ANY DEFECT FAULT OR CONDITION IN SUCH AIRCRAFT OR ANY PART THEREOF SOLD HANDLED OR DISTRIBUTED BY THE INSURED OR MANUFACTURED ASSEMBLED OR PROCESSED BY ANY OTHER PERSON OR ORGANIZATION ACCORDING TO SPECIFICATIONS PLANS ORDERS OR DRAWINGS OF THE INSURED OR WITH TOOLS MACHINERY OR OTHER EQUIPMENT FURNISHED TO SUCH PERSONS OR ORGANIZATIONS BY THE INSURED WHETHER SUCH AIRCRAFT SO WITHDRAWN IS OWNED OR OPERATED BY THE SAME OR DIFFERENT PERSONS OR ORGANIZATIONS. A GROUNDING SHALL BE DEEMED TO COMMENCE ON THE DATE OF AN ACCIDENT OR OCCURRENCE WHICH DISCLOSES SUCH CONDITION OR ON THE DATE AN AIRCRAFT IS FIRST WITHDRAWN FROM SERVICE ON ACCOUNT OF SUCH CONDITION WHICHEVER FIRST OCCURS. IT IS FURTHER AGREED THAT THE COVERAGE AFFORDED BY THIS POLICY DOES NOT APPLY TO PAYMENT FOR THE INVESTIGATION OF DEFENSE OF ANY LOSS INJURY OR DAMAGE OR ANY COST FINE OR PENALTY OR FOR ANY EXPENSE RELATED TO ANY OF THE ABOVE. All other terms and conditions remain unchanged. AGR GL 5005 11 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2100 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ALL HAZARDS IN CONNECTION WITH DESIGNATED PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description And Location Of Premises Any operations of and all locations of JV RelaDyne Inc. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to Paragraph 2. 2. Operations on those premises or elsewhere Exclusions of Section Coverage A Bodily which are necessary or incidental to the owner Injury And Property Damage Liability and Para ship maintenance or use of those premises or graph 2. Exclusions of Section Coverage B 3. Goods or products manufactured at or distributed Personal And Advertising Injury Liability from those premises. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The ownership maintenance or use of the prem ises shown in the Schedule or any property lo cated on these premises 1y operations of and all locations of JV RelaDyne Inc. 2. Operations on those premises or elsewhere which are necessary or incidental to the owner ship maintenance or use of those premises or 3. Goods or products manufactured at or distributed from those premises. CG 21 00 07 98 Copyright Insurance Services Office Inc. 1997 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21060514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data 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 Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 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 financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 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 financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER USL00058019 POLICY NUMBER USL00058019 COMMERCIAL GENERAL LIABILITY CG 21160413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. All Professional Services of the Named Insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. CG 21160413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or as sessing the effects of fungi or bacteria by any insured or by any other person or enti ty. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21710115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following COMMERCIAL GENERAL 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. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. CG 21710115 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or 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 regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 CG21710115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin ish system or any part thereof or any sub stantially similar system or any part thereof in cluding the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar sys tem is used on the part of that structure con taining that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES 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. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 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 ica or silica related dust b. Property 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 silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing re mediating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exist ence of or presence of silica or silica 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 treating detoxifying neutralizing re mediating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defil tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sili ca particles silica dust or silica compounds. 2. Silica related dust means a mixture or com bination of silica and other dust or particles. CG 21 96 03 05 ISO Properties Inc. 2004 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG22330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TESTING OR CONSULTING ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. An error omission defect or deficiency in a. Any test performed or b. An evaluation a consultation or advice given by or on behalf of any insured 2. The reporting of or reliance upon any such test evaluation consultation or advice or 3. An error omission defect or deficiency in experimental data or the insured s interpretation of that data. 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 or the offense which caused the personal and advertising injury involved that which is described in Paragraph 1. 2. or 3. CG 22330413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22430413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. CG 22430413 Insurance Services Office Inc. 2012 Page 1 of 1 | 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 nucle ar energy liability policy issued by Nuclear Energy Liability Insurance Association Mu C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom tual Atomic Energy Liability Underwriters 2 The nuclear material is contained in Nuclear Insurance Association of Canada spent fuel or waste at any time pos or any of their successors or would be an sessed handled used processed stored insured under any such policy but for its transported or disposed of by or on behalf termination upon exhaustion of its limit of li of an insured 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 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. by the United States of America or any 2 agency thereof with any person or organi zation.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 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 ex posed 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 nucle ar 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 packag ing waste c Any equipment or device used for the pro cessing 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 plutoni um or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
Allianz Global Risks Policy Number USL00058019 Effective Date June 072019 DEDUCTIBLE LIABILITY INSURANCE Per Occurrence This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A THE COMPANY S OBLIGATION TO PAY DAMAGES AND EXPENSES ON BEHALF OF THE INSURED UNDER THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED APPLIES ONLY TO DAMAGES AND EXPENSES IN EXCESS OF A DEDUCTIBLE AMOUNT OF 25000 PER OCCURRENCE. IT IS THE OBLIGATION OF THE INSURED TO PAY DAMAGES AND EXPENSES CONTAINED WITHIN THE DEDUCTIBLE HOWEVER B THE COMPANY MAY PAY ANY PART OF OR ALL OF THE DEDUCTIBLE AMOUNT TO EFFECT SETTLEMENT OF ANY CLAIM OR SUIT AND UPON NOTIFICATION OF THE ACTION TAKEN THE INSURED SHALL PROMPTLY REIMBURSE THE COMPANY FOR THAT PART OF THE DEDUCTIBLE AMOUNT WHICH HAS BEEN PAID BY THE COMPANY. C THE TERMS OF THE POLICY INCLUDING THOSE WITH RESPECT TO a THE COMPANY S RIGHTS AND DUTIES WITH RESPECT TO THE DEFENSE OF SUITS AND b THE INSURED S DUTIES IN THE EVENT OF AN OCCURRENCE APPLY IRRESPECTIVE OF THE APPLICATION OF THE DEDUCTIBLE AMOUNT. D THE DEDUCTIBLE AMOUNT APPLIES TO ALL DAMAGES AND EXPENSES BECAUSE OF ALL INJURY RESULTING FROM ONE OCCURRENCE REGARDLESS OF THE NUMBER OF PERSONS OR ORGANIZATIONS WHO SUSTAIN INJURY BECAUSE OF THAT OCCURRENCE. THE TERM DAMAGES WHEREVER USED IN THIS ENDORSEMENT SHALL MEAN ALL SUMS OTHER THAN EXPENSE WHICH THE INSURED IS LEGALLY OBLIGATED TO PAY AS THE RESULT OF AN OCCURRENCE TO WHICH THIS INSURANCE APPLIES. THE TERM EXPENSES WHEREVER USED IN THIS ENDORSEMENT SHALL MEAN SUPPLEMENTARY PAYMENTS AS DEFINED IN SECTION COVERAGES OF THE COMMERCIAL GENERAL LIABILITY COVERAGE FORM. THE LIMITS OF LIABILITY APPLICABLE TO EACH OCCURRENCE SHOWN IN THE DECLARATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED AND AS AMENDED OR SUPPLEMENTED BY ANY APPLICABLE COVERAGE PARTS OR ENDORSEMENTS INCLUDE THE DEDUCTIBLE AMOUNT. FURTHER THE LIMITS OF LIABILITY SHOWN IN THIS POLICY AS BEING APPLICABLE TO EACH OCCURRENCE FOR SUCH COVERAGES SHALL BE REDUCED BY THE TOTAL AMOUNT OF DAMAGES APPLICABLE TO EACH OCCURRENCE WHICH DAMAGES WOULD BE CONTAINED IN THE DEDUCTIBLE PER OCCURRENCE AMOUNT HAD EXPENSES NOT BEEN INCLUDED IN THE DEDUCTIBLE. AGR GL 3001 11 03 Page 1 of 2 | 2 |
Allianz Global Risks THE LIMITS OF LIABILITY APPLICABLE TO AN AGGREGATE AS SHOWN IN THE DECLARATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED AND AS AMENDED OR SUPPLEMENTED BY ANY APPLICABLE COVERAGE PARTS OR ENDORSEMENTS SHALL BE REDUCED ONLY BY THE AMOUNT OF DAMAGES CONTAINED WITHIN THE PER OCCURRENCE POLICY LIMITS APPLICABLE TO EACH OCCURRENCE WHICH DAMAGES WOULD BE EXCESS OF THE DEDUCTIBLE PER OCCURRENCE AMOUNT HAD EXPENSES NOT BEEN INCLUDED IN THE DEDUCTIBLE. ANY EXPENSES INCURRED AS THE RESULT OF ANY OCCURRENCE TO WHICH THIS INSURANCE APPLIES SHALL BE APPORTIONED BETWEEN THE INSURED AND THE COMPANY AS FOLLOWS A IF THE AMOUNT OF THE JUDGMENT OR SETTLEMENT DOES NOT EXCEED THE DEDUCTIBLE AMOUNT THE EXPENSE PORTION OF THE TOTAL JUDGMENT OR SETTLEMENT INCURRED IN CONNECTION WITH THE OCCURRENCE SHALL BE ADDED TO THE DAMAGES AMOUNT OF THE JUDGMENT OR SETTLEMENT UNTIL THE DEDUCTIBLE AMOUNT IS EQUALED. B IF A CLAIM OR SUIT IS SETTLED WITHOUT PAYMENT OF DAMAGES THE EXPENSES INCURRED IN CONNECTION THEREWITH SHALL BE BORNE SOLELY BY THE INSURED UP TO THE DEDUCTIBLE AMOUNT. All other terms and conditions remain unchanged. AGR GL 3001 11 03 Page 2 of 2 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number USL00058019 Effective Date June 072019 Economic or Trade Sanctions Endorsement This endorsement modifies insurance provided under the following Commercial General Liability Common Policy Conditions This policy is amended as follows IL00 17 11 98 COMMON POLICY CONDITIONS is amended to include the following additional condition If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. All other terms and conditions remain unchanged. AGRL CG 5001 07 08 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00058019 Effective Date June 072019 ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following Commercial General Liability Coverage Part A. Section Il Who is an Insured is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the occurrence of the injury or damage but only to the extent required by the terms and conditions of such written contract or written agreement. B. The insurance provided to the above described additional insured under this endorsement is limited as follows 1. The person or organization is only an additional insured with respect to liability arising out of ongoing operations performed by you or on your behalf. 2. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 3. The insurance provided to such an additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of an architect s engineer s or surveyor s rendering of or failure to render any professional services including but not limited to a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b Supervisory inspection architectural or engineering activities. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract specifically requires that this insurance apply on a primary or non contributory basis. All other terms and conditions remain unchanged. AGRL CG 6001 04 10 Page 1 of 1 | 2 |
Allianz Policy Number USL00058019 Effective Date June 072019 THIS ENDORSMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. ADVICE OF CANCELLATION TO ENTITIES OTHER THAN AN INSURED LIMITED TO EMAIL NOTIFICATION This policy is amended as follows A. If we initiate cancellation of this policy for any reason other than non payment of premium and the effective date of cancellation is prior to this policy s expiration date and 1. The First Named Insured is under an existing contractual obligation to notify an entity to whom a certificate of insurance has been issued hereinafter the Certificate Holder when this policy is canceled and 2. The First Named Insured has provided us either directly or through the First Named Insured s broker of record the email address of the contact of each such Certificate Holder and 3. We received this information after the First Named Insured receives notice of cancellation of this policy and prior to the policy s cancellation date in an electronic spreadsheet format that is acceptable to us 4. We will provide Advice of Cancellation via e mail to such Certificate Holders within 30 days after the First Named Insured provides such information to us. If the specific number of days is not stated above then the Advice of Cancellation will be provided to such Certificate Holders as soon as practicable after the First Named Insured provides the email address of the contact of each such Certificate Holder. Proof of emailing the Advice of Cancellation using the information provided by the First Named Insured will serve as proof that we have fully satisfied our obligations under this endorsement. The Advice of Cancellation shall be emailed to each such Certificate Holder as soon as possible upon receipt of the information from the First Named Insured however we are under no contractual obligation to email the Advice of Cancellation prior to the policy s cancellation date. In no event will we be obligated to provide Advice of Cancellation to Certificate Holders if the effective date of Cancellation is within 30 days of the expiration date of the policy or if we receive the contact information for such Certificate Holders less than 30 days prior to the expiration date of the policy. This endorsement does not affect in any way coverage provided under this policy or the cancellation of this policy of the effective date of such cancellation. Nor shall this endorsement invest any rights to any entity that is not an insured under the terms of this policy. B. The following Definitions apply to this endorsement 1. First Named Insured means the Named Insured shown on the Declarations Page of this policy. 2. Advice of Cancellation means an email that provides the following information a. The Named Insured as shown on the Declarations Page of this policy b. The policy number of the policy being cancelled and c. The effective date and time of the cancellation. All other terms and conditions remain unchanged. AGRL IL 8002 01 14 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee 1000 Included Programs 1000000 aggregate M nelude Retroactive Date January 01 2015 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Supple mentary Payments. b. This insurance applies to damages only if becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable 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 dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section lll Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement.. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 CG 04351207 ISO Properties Inc. 2006 Page1of6 0O | 2 |
2 When we make settlement in accord ance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal repre sentative is appointed. Page 2 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the poli cy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement 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 of the policy to which this endorsement is attached unless the policy period is extended after issu ance 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 Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 ISO Properties Inc. 2006 Page3o0f6 0O | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent.. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Par agraph b. below applies. If this insurance is primary our obligations are not affected un less any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Par agraph c. below. 2 3 4 b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. Page 4 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extend ed Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damag es and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the D ions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Page50f6 0O | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s el igibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disa bility benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Def tions Section are replaced by the following 5. 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER USL00058019 POLICY NUMBER USL00058019 COMMERCIAL GENERAL LIABILITY CG 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You That particular real property or that part of the premises leased to you. Name Of Persons Or Organizations Additional Insured Any manager or lessor with whom you have agreed in writing in a contract or agreement. Additional Premium Included Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. hat particular real property or that part of the premises leased to you. ny manager or lessor wnh whom you have agreed in wrmng in a contract or agreement. CG 20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG20340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU COMMERCIAL GENERAL LIABILITY COVERAGE PART. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. This endorsement modifies insurance provided under the following A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.. 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.. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement you have entered into with the additional insured or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20340413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER USL00058019 POLICY NUMBER USL00058019 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 of recovery. Any person or organization with whom you have agreed in writing in a contract or agreement to waive your right 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 1 of 1 m | 2 |
Allianz Global Risks Policy Number USL00058019 Effective Date June 072019 EXCLUSION DESIGNATED PERSONS OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any liability of the persons or organizations designated in the Schedule below and none of the designated persons or organizations is an insured under this policy. SCHEDULE Designated Persons or Organizations JV RelaDyne Inc. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00058019 Effective Date June 072019 Exclusion Discrimination This endorsement modifies insurance provided under the following Commercial General Liability Coverage Part This policy is amended as follows This insurance does not apply to Bodily Injury or Personal Injury resulting from or as a consequence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities characteristics or condition or mental capabilities or condition. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Policy Number USL00058019 Effective Date June 072019 Extended Coverage Endorsement This endorsement modifies insurance provided under the following Commercial General Liabililty Coverage Part This policy is amended as follows 1. It is agreed that this policy provides coverage for damages that Quadra Chemicals Inc. becomes legally obligated to pay with respect to claims first made during the current policy period and arising out of the occurrences or offenses described in Paragraph 2. below. The damages must be the legal liability of Quadra Chemicals Inc. because of a. Bodily injury or property damage that occurred during the period from June 02 2002 to June 07 2017 or b. Personal injury and advertising injury that was caused by an offense committed during the period from June 02 2002 to June 07 2017. The effective time for all dates shown above is 1201 A.M. Standard Time at the mailing address of the Named Insured shown in the Declarations. a. The insurance provided by this endorsement is excess over any other valid and collectible insurance available for a loss we cover whether primary excess contingent or on any other basis. b. The Excess Insurance provisions of Condition 4. Other Insurance applies to the insurance provided by this endorsement. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00058019 Effective Date June 072019 NON PYRAMIDING OF LIMITS ENDORSEMENT This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form This policy is amended as follows In consideration of the premium charged it is hereby understood and agreed that the maximum combined Limits of Insurance of this policy and Policy Number CAL000723190 hereinafter Other Policy issued by Allianz Global Risks US Insurance Company shall not exceed 1000000 Each Occurrence 1000000 General Aggregate Limit Additionally the Limits of Insurance for damages under this policy shall be reduced by damages incurred under the Other Policy because the Limits of Insurance under such Other Policy are now part of and not in addition to the Limits of Insurance of this policy as set forth in the Declarations of this policy. Nothing in this endorsement shall be construed to increase either 1 the Limits of Insurance set forth in the Declarations of such Other Policy which shall remain the maximum liability of the respective insurer for all claims under such Other Policy or 2 the Insurer s Limits of Insurance under this policy as set forth in the Declarations of this policy which shall remain the maximum liability of the Insurer for all Loss in the aggregate under this policy. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
IL01 150110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEVADA CHANGES DOMESTIC PARTNERSHIP This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. All references to spouse shall include an individual who is in a domestic partnership recognized under Nevada law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or domestic partnership recognized under Nevada law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or domestic partnership recognized under Nevada law who is a resi dent of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or domestic partner ship recognized under Nevada law who is a resi dent of your household including a ward or foster child. IL01 150110 Insurance Services Office Inc. 2009 Page 1 of 1 m | 2 |
IL 02 51 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEVADA CHANGES CANCELLATION AND NONRENEWAL 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following are added to the Cancellation 6 A determination by the commissioner Common Policy Condition that continuation of our present volume 7.a. Midterm Cancellation of premiums would jeopardize our sol.. vency or be hazardous to the interests If this policy has been in effect for 70 days of our policyholders creditors or the or more or if this policy is a renewal of a public olicy we issued we may cancel only for P o gne cr more of the fclcwinyg reasons Y A determmalon by the commissioner 3 that the continuation of the policy would 1 Nonpayment of premium violate or place us in violation of any 2 Conviction of the insured of a crime aris provision of the code. ing out of acts increasing the hazard in b. Anniversary Cancellation sured against. L N.. If this policy is written for a term longer than 3 Discovery of fraud or material misrepre one year we may cancel for any reason at sentation in obtaining the policy or in an anniversary by mailing or delivering presenting a claim thereunder written notice of cancellation to the first 4 Discovery of an act or omission or a vio Named Insured at the last mailing address lation of any condition of the policy known to us at least 60 days before the an which occurred after the first effective niversary date. date of the current policy and substan B. The following is added as an additional Condition tially and materially increases the haz and supersedes any other provision to the contra ard insured against ry 5 A material change in the nature or ex NONRENEWAL tent of the risk occurring after the first effective date of the current policy which causes the risk of loss to be sub stantially and materially increased be yond that contemplated at the time the policy was issued or last renewed 1. If we elect not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations a notice of intention not to re new at least 60 days before the agreed expira tion date. If notice is mailed proof of mailing will be suffi cient proof of notice. IL 02 51 09 07 ISO Properties Inc. 2006 Page 1 of 2 m | 2 |
2. We need not provide this notice if a. b. You have accepted replacement coverage You have requested or agreed to nonre newal or. This policy is expressly designated as non renewable. C. Notices 1. Notice of cancellation or nonrenewal in ac cordance with A. and B. above will be mailed first class or certified or delivered to the first Named Insured at the last mailing address known to us and will state the reason for can cellation or nonrenewal. 2. We will also provide a copy of the notice of cancellation for both policies in effect less than 70 days and policies in effect 70 days or more to the agent who wrote the policy. Page 2 of 2 ISO Properties Inc. 2006 IL 02 51 09 07 o | 2 |
CNA CNA PARAMOUNT Renewal Effective Date 03032019 Insured Name KANSAS ASPHALT INC. 7000 W 206TH ST BUCYRUS KS 66013 9610 Policy Number 6014687412 Policy Period 03032019 03032020 Producer s Information LOCKTON COMPANIES LLC Producer Code 060692 444 W. 47TH ST. 900 KANSAS CITY MO 64112 816 960 9000 CNA Branch Number 310 CNA Branch Name and Address KANSAS CITY BRANCH 7400 COLLEGE BLVD. STE. 650 OVERLAND PARK KS 66210 913661 2700 Thank you for choosing CNA With your CNA Paramount 1iability policy you have insurance coverage tailored to meet the needs of your modern business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services There When You Need Us Claims are reported through a single point of entry available 247 connecting you to the individuals and information to help you resume your business when you need it most. To report a claim please call 877 CNA ASAP fax 800 953 7389 email lossreportcnaasap.com or visit www.cna.comclaim. Risk Control Services Help Avoid A Claim Before It Occurs As a CNA policyholder you have access to certified risk control professionals risk mitigation programs and online resources to help identify and manage exposures that may disrupt your operation. We collaborate with business leaders to develop customized programs to assist you in safeguarding your assets and improving the bottom line. To learn how our award winning Risk Control services can help your business please call 866 262 0540 email us at riskcontrolwebinfocna.com or visit www.cna.comriskcontrol. When it comes to providing the coverage service and resources paramount to your business success... we can show you more. sured Name ANSAS ASPHALT INC. 000 W 206TH ST UCYRUS KS 66013 9610 olicy Number 6014687412 roducer s Information OCKTON COMPANIES LLC 44 W. 47TH ST. 900 ANSAS CITY MO 64112 816 960 9000 Branch Number 310 Branch Name and Address ANSAS CITY BRANCH 400 COLLEGE BLVD. STE. 650 VERLAND PARK KS 66210 PR Policy Period 03032019 03032021 Producer Code 060692 INSURED Copyright CNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Policy Holder Notice Countrywide IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE CONFIRMATION OF REJECTION OF COVERAGE FIRE FOLLOWING TERRORISM COVERAGE AND DISCLOSURE OF PREMIUM Solely with respect to the following coverage parts General Liability Employee Benefits Liability Stop Gap Liability THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES CNAB2821XX 02 15 Page 1 of 2 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Policy Holder Notice Countrywide The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Calendar year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Calendar year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CONFIRMATION OF REJECTION OF COVERAGE In accordance with the Act the Insurer offered the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. This Notice confirms that the Named Insured has chosen to reject the Insurer s offer of coverage for certified acts of terrorism to the extent possible. Consequently if permitted by state law a terrorism exclusion endorsement is attached to the policy. Certain states may not allow coverage for certified acts of terrorism to be rejected. If state law prohibits the Named Insured from rejecting certain coverage for certified acts of terrorism the premium for such coverage is shown separately on the Declarations. Solely with respect to Property and Inland Marine coverages by statute for risks locations in the states of i CA GA HI 1A IL MA ME MO NC NJ NY OR RI WA WI and WV for Property and i CA ME MO OR and WI for Inland Marine coverage is required to be provided for fire damage that results or follows from any cause of loss even those that are otherwise excluded. As a result if this policy provides Property or Inland Marine coverage and excludes terrorism the Insurer nevertheless is statutorily required with respect to such coverages to insure against fire damage that might result from otherwise excluded acts of terrorism in the referenced states. CNAB2821XX 02 15 Page 2 of 2 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Policy Holder Notice Florida IMPORTANT INFORMATION FOR OUR FLORIDA POLICY HOLDERS Per 1992 House Bill Number 141 H every insurer transacting insurance in Florida is required to collect a surcharge of 0.1 on all Fire Allied Lines and Multi Peril insurance premiums written on commercial property located within the state. The 0.1 surcharge will be applied to all coverage premiums on monoline and package property policies. The purpose of the surcharge is to develop funds for the Fire College Trust Fund. If you have any questions please contact your CNA independent agent. nan nan nan nan 6292171897.0 10921000200.0 CNAB2826FL 09 12 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
10020001260146874126295 cA CNA PARAMOUNT Policy Holder Notice Countrywide IMPORTANT INFORMATION PREVENT UNEXPECTED PREMIUM CHARGES AT FINAL AUDIT GENERAL LIABILITY LIMITS WE REQUIRE FOR SUBCONTRACTORS YOU HIRE Please read this IMPORTANT INFORMATION notice carefully if you hire subcontractors to perform work for you. Your General Liability insurance premiums may increase substantially at final audit if your subcontractors do not carry the minimum General Liability insurance limits we require as defined below. To prevent your General Liability insurance premiums from increasing at final audit your subcontractors must carry a General Liability policy which is written on an occurrence basis and which provides Limits of Insurance as follows 1000000 Any One Occurrence Coverage A 1000000 Any One Person or Organization Coverage B 1000000 Products Completed Operations Aggregate 1000000 General Aggregate In certain exception cases higher Limits of Insurance than those specified above may be required. Your agent will be notified of these exception cases in writing when they exist. How This Requirement Can Affect Your General Liability Premium at Final Audit At final premium audit we will ask you to provide us with Certificates of Insurance for all subcontractors who worked for you during the policy period to confirm that they carried the General Liability limits of insurance we require as stated above. Work you subcontract to other contractors whose General Liability limits of insurance meet the requirements shown above will be rated on a subcontract cost basis which is significantly less expensive for you than treating these subcontract costs as ratable payroll as described below. Any subcontractor of yours who carries General Liability limits of insurance less than those stated above and any of your subcontractors for whom we are not provided Certificates of Insurance will be treated as your employees for rating purposes. The associated subcontract costs will be treated as ratable payroll on your policy resulting in an additional premium charge at final audit. Prevent Unexpected Premium Charges at Final Audi Require Evidence Of 1000000 General Liability Limits From All Of Your Subcontractors To avoid additional premium charges at final audit caused by your subcontract costs being treated as ratable payroll and to reduce the risk of your General Liability insurance being tapped to cover claims arising out of your subcontractor s work we urge you to obtain Certificates of Insurance from your subcontractors prior to their beginning work evidencing the General Liability limits of insurance stated above. In addition to providing coverage information for their General Liability insurance these Certificates of Insurance should also provide coverage information for your subcontractor s Automobile Worker s Compensation and Umbrella insurance. Please contact your agent if you have any questions regarding these requirements or if you would like help in determining the adequacy of the insurance carried by any of your subcontractors. CNA74722XX 01 15 Page 1 of 1 Copyright GNA All Rights Reserved. | 2 |
CNA CNA PARAMOUNT Policy Holder Notice Texas Risk Control Services Available IMPORTANT INFORMATION RISK CONTROL SERVICES AVAILABLE TO OUR GENERAL LIABILITY POLICYHOLDERS DOING BUSINESS IN THE STATE OF TEXAS As your general liability insurance carrier we encourage you to take steps to provide a safe and healthy facility and premises for the general public. While CNA can not assume this responsibility we can assist you with the following services Surveys of your premises to identify actual or potential areas of loss Recommendations based on said surveys Evaluation of your liability accident prevention program Training of supervisory personnel Consultation on Risk Control technical problems andor questions Analysis of previous accidents Industrial Hygiene services N o o s N Accident prevention materials including safety bulletins posters and training aids. The above services are available to our policyholders at no additional charge and shall be provided upon request directly to the policyholder. We have professional resources available to assist you or can provide support material for your continuing accident prevention efforts. If you would like more information on our liability safety and management programs please call or write CNA Insurance Companies Attn Risk Control Plaza of the Americas 700 N. Pearl Street Dallas Texas 75201 866 262 0540 Again if you have any questions or would like to discuss these services please give us a call at the phone number listed above. For additional resources visit our website at www.cna.com. w VA Policy Ho RSNy CNA74999TX 10 16 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Policy Holder Notice Countrywide Premium Basis Used on Liability Schedules Premium Basis Used on Liability Schedules This policy includes one or more Liability coverages with associated Schedules of locations coverages or classifications. When such Schedules display an Exposure amount used to calculate premium the Exposure amount is often followed by an abbreviation that denotes what the Exposure amount represents Payroll Gross Sales Area etc.. Such abbreviations are described below. A Area Per 1000 Sq. ft. AC Acres Each AD Activity Days Each AN Animals Each AP Airports Each AT Attendants Each AU Audited Premium Last Year of Manufacture B Bodies Each BA Bales Per 1000 Bales BD Beds Each BE Beaches Each BO Boats Each C Total Cost Per 1000 of Total Cost CD Camper Days Each Camper Day CN Contestants Each CU Convention Days Each CW Cost of Work Per 1000 of Total Cost of Work DB Drawbridges Each DM Dams Each DW Dwellings Each E Each Per Entity Described EM Employees Each ES Solar Energy Systems Each ET Turbines Each EX Exhibitions Each F Flat Charge Flat Premium Charge FG Fairgrounds Each FM Faculty Members Each FP Fishing Piers Each G Graduates Each GA Games Each CNA75144XX 04 15 P Payroll PD Passenger Days PG Picnic Grounds PP Parks Playgrounds PR Parades PS Persons PU Pupils R Receipts RG Registrants RN Range RV Revenue Copyright CNA All Rights Reserved OE Operating Expenditures GL Gallons Per 1000 Gallons GS Grandstands Bleacher Each H Number of Golf Holes Each HO Hoists Each HQ Headquarters Each K Kennels Each L Limit Limit of Insurance for Coverage LD Locations Days Each LE Lessees Each LO Locations Each LR Lakes Reservoirs Each LW Lawyers Each M Admissions Per 1000 Admissions ME Members Each MH Model Homes Each Ml Miles Each NB Newsboys Each O Operators Each Per 1000 of Operating Expenditures Per 1000 of Payroll Per 1000 Passenger Days Each Each Each Each Each Per 1000 of Receipts Each Each Per 1000 of Revenue Page 1 of 2 wVA Pollcy Holder No tands Bleacher r of Golf Holes arters 5 1 imit af Inetirance far C 1S bays ons Per 1000 Ad Page 1 of 2 | 2 |
CNA CNA PARAMOUNT Policy Holder Notice Countrywide Premium Basis Used on Liability Schedules S Gross Sales SA Classification SB Sub 336 Premium SC Scouts SD Students SE Seats SG Total GL Premium SH Shows SL 334336 Premium Per 1000 of Gross Sales Total Class Specific Premium Products Completed Operations Premium Each Each Each General Liability Premium Each Premises Operations and Products Completed Operations Premium SP Swimming Pools ST Stations SU Sub 334 Premium TE Teams TO Towers U Unit VE Vehicles VO Volunteers WC WC Premium Z Zoos Each Each Premises Operations Premium Each Each Per Dwelling Unit Per 1000 Vehicles Each Per 1000 of Workers Compensation Premium Each wVA Pollcy Holder No Tof Premium CNA75144XX 04 15 Page 2 of 2 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Policy Holder Notice Countrywide Contractors General Liability Extension Endorsement w VA Pollcy Holder Nc IMPORTANT INFORMATION for policies that incorporate the Contractors General Liability Extension Endorsement If an endorsement entitied Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement is attached to the Commercial General Liability Coverage Part on this policy then the provision entitied Electronic Data Liability in the Contractors General Liability Extension Endorsement will prevail over the Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement. 86292171897 10921000200 CNAB2876XX 7 15 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Policy Holder Notice Countrywide DENOTING DEFINED TERMS As noted elsewhere in this Policy terms in bold face type have the special meanings assigned to them in pertinent Definitions sections or Glossaries. When applicable terms in quotation marks shall be treated as if they were in bold face type and shall have the same special meanings described in the pertinent Definitions sections or Glossaries. 66292171897 10921 000200 CNAB89319XX 06 17 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Policy Declarations Policy Number 6014687412 Renewal of 6014687412 Policy Name VALLEY FORGE INSURANCE COMPANY Issued by Address 151 N Franklin CHICAGO IL 60606 Producer Code 060692 Name LOCKTON COMPANIES LLC Producer s Address 444 W. 47TH ST. 900 Information KANSAS CITY MO 64112 1. Named Insured Name KANSAS ASPHALT INC. Address 7000 W 206TH ST BUCYRUS KS 66013 9610 2. Coverage The coverage parts attached to and Parts forming part of this Policy General Liability Employee Benefits Liability Stop Gap Liabilit 3. Policy Period Effective date from to At 1201 A.M. Standard Time at your 03032019 03032020 mailing address shown above 4. Limits of Insurance and Deductibles See Coverage Part Declarations 5. Premium Surcharges See Coverage Part Declarations for Coverage Part Taxes and i Premium surcharges taxes and fees Fees at Issuance Total Premium and applicable taxes surcharges and fees 83187.00 Policy Issued by Producer s Information Name Address Total Premium and applicable ta CNA62639XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Policy Declarations. Forms and Endorsements Attached to this See Schedule of Forms and Endorsements Policy at Issuance These Declarations along with any attached forms and endorsements shall constitute the contract between the Insureds and the Insurer. See Schedule of Forms and Endorsements CNA62639XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Schedule of Forms and Endorsements Policy Number 6014687412 I. CNA PARAMOUNT A Policyholder Notices Endmt Form Title Form Number Form Number Edition Policy Holder Notice Countrywide CNA62821XX 02 15 Policy Holder Notice Florida CNA62826FL 09 12 Policy Holder Notice Countrywide CNA74722XX 01 15 Policy Holder Notice Texas CNA74999TX 10 16 Policy Holder Notice Countrywide Premium Basis CNA75144XX 04 15 Used on Liability Schedules Policy Holder Notice Countrywide Contractors CNAB2876XX 07 15 General Liability Extension Endorsement Policy Holder Notice Countrywide CNA89319xXX 06 17 B. Policy Terms Conditions Policy Declarations CNA62639XX 09 12 Schedule of Forms and Endorsements CNA62640XX 09 12 Common Terms and Conditions CNA62642XX 10 15. POLICY COVERAGE PARTS F. General Liability General Liability Coverage Part Declarations CNA74694XX 01 15 Additional Declarations General Liability CNA75126XX 01 15 Schedule of Locations and Coverages Commercial General Liability Coverage Part G0001 04 13 1 contractors General Liability Extension CNA74705XX 01 15 Endorsement 2 Electronic Data Liability Endorsement CNA74733XX 01 15 3 General Aggregate Limit Designated Locations CNA74827XX 01 15 Endorsement CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Schedule of Forms and Endorsements Policy Number 6014687412 Endmt Form Title Form Number Form Number Edition 4 Fellow Employee Bodily Injury Endorsement CNA74893XX 01 15 5 Blanket Additional Insured Owners Lessees or CNA75079XX 10 16 Contractors with Products Completed Operations Coverage Endorsement 6 Blanket Additional Insured Owners Lessees or CNA75080XX 10 16 Contractors with Products Completed Operations Coverage Schedule Attachment 7 Pollution Exclusion Amendatory Endorsement CNA74843XX 01 15 8 Fungi Mold Mildew Yeast Microbe Exclusion CNA74708XX 01 15 Endorsement 9 Employment Related Practices Exclusion Endorsement CNA74761XX 01 15 10 Contractors Professional Liability Exclusion CNA74801XX 01 15 Endorsement 11 Residential Construction Defect Products Completed CNA74862XX 01 15 Operations Exclusion Endorsement 12 Construction Wrap Up Program Exclusion Endorsement CNA74863XX 01 15 13 Exterior Finish System Products Completed CNA74892XX 01 15 Operations Property Damage Exclusion Endorsement 14 Exclusion Access or Disclosure of Confidential CNA75089XX 01 15 or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement G. Employee Benefits Liability Employee Benefits Liability Coverage Part CNA74693XX 01 15 Declarations Additional Declarations Employee Benefits CNA75133XX 01 15 Liability Schedule of Locations and Coverages Employee Benefits Liability Coverage Part CNA74721XX 01 15 Occurrence CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Schedule of Forms and Endorsements Policy Number 6014687412 Endmt Form Title Form Number Form Number Edition 15 Employee Benefits Liability Amended Definition CNAB6269XX 10 16 of Executive Officer Endorsement. Stop Gap Liability Stop Gap Coverage Part Declarations CNA74830XX 01 15 Additional Declarations Stop Gap Liability CNA75134XX 01 15 Schedule of Locations and Coverages Stop Gap Liability Coverage Part CNA74934XX 01 15 16 Duty to Defend Endorsement Wyoming CNA74920WY 01 15 17 sStop Gap Liability Coverage Endorsement Ohio CNA752670H 01 15 18 State Amendatory Endorsement Stop Gap Liability CNA75267WA 01 15 Washington 19 SGL Amend Def of Employee and Exec Officer End CNA83894XX 10 15 lll. POLICY ENDORSEMENTS 20 Amendment to Policy Declarations Named Insured CNA62700XX 09 12 Endorsement 21 Broad Named Insured Endorsement CNA75108XX 01 15 22 Bridge Endorsement Kansas CNA62646KS 01 15 23 Cancellation Non Renewal Kansas CNA62814KS 09 12 24 Calculation of Premium Endorsement CNA74726XX 01 15 25 Asbestos Exclusion Endorsement Kansas CNA74719KS 01 15 26 Nuclear Energy Liability Exclusion Endorsement CNA74727XX 01 15 Broad Form 27 Exclusion of Certified Acts of Terrorism CNA74926XX 02 15 Endorsement CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
10020001260146874126303 cA CNA PARAMOUNT Common Terms and Conditions The Insurer and the Named Insured in consideration of the payment of the premium and in reliance upon all statements made in the application furnished to the Insurer designated in the Policy Declarations a stock insurance corporation hereafter called the Insurer agree as follows. Terms in bold face type have special meaning as set forth in any applicable First Party Glossary of Defined Terms or the applicable coverage parts of this Policy. All headings are also in bold whether or not they contain defined terms. See Section XVI HEADINGS below. ASSIGNMENT OF INTEREST Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except in the case of death of a natural person Named Insured.. BANKRUPTCY Bankruptcy or insolvency of any Named Insured or of the Named Insured s estate shall not relieve the Insurer of any of its obligations hereunder. CANCELLATION NONRENEWAL A. Insurer s Right to Cancel The Insurer may cancel this policy by providing to the First Named Insured written notice of such cancellation stating when not less than 10 days thereafter such cancellation shall be effective if such cancellation is due to non payment of premium. If cancellation is due to any other reason such notice shall be provided not less than 60 days thereafter. B. Named Insured s Right to Cancel The First Named Insured may cancel this Policy by providing the Insurer written notice stating when thereafter such cancellation shall be effective. The mailing or delivery of such notice shall be sufficient. C. Premium Refund If this policy is cancelled the Insurer will send the First Named Insured any premium refund due. If the Insurer cancels 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 the Insurer has not made or offered a refund. D. Nonrenewal If the Insurer decides not to offer any renewal terms for this Policy the Insurer shall provide written notice to the Named Insured at least 60 days prior to the Policy expiration date. The notice shall include the reason for such non renewal. E. Notices If any notice required under this Section is mailed proof of mailing will be sufficient proof of notice. IV. CHANGES Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this Policy nor shall the provisions be waived or changed except by written endorsement issued to form a part of this Policy.. CONFORMITY TO STATUTE Terms of these conditions or any coverage part that are in conflict with the statutes of the state in which this policy is issued are hereby amended to conform to such statutes. N e e o 089212897 10921000200 CNAB2642XX 10 15 Page 1 of 3 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Common Terms and Conditions VI. COORDINATION AMONG COVERAGE PARTS Subject always to the applicable Limit of Liability should two or more coverage parts apply to the same loss the Insurer will not pay more than the Named Insured s actual loss. VIl. COVERAGE PART TERMS AND CONDITIONS The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other coverage part. If any provision in the Common Terms and Conditions is inconsistent or in conflict with the terms and conditions of any coverage part the terms and conditions of such coverage part shall control for purposes of that coverage part. Viil. CURRENCY All premiums limits deductibles and other amounts stated or payable under this Policy are expressed and payable in the currency of the United States of America. If any payments due under this Policy are stated or incurred in a currency other than United States of America dollars payment under this Policy will be made in United States of America dollars at the rate of exchange published in The Wall Street Journal on the date the Insurer s obligation to pay such amount is established or if not published on such date the next publication date of The Wall Street Journal.. ENTIRE AGREEMENT The Named Insureds agree that this Policy constitutes the entire contract existing between them and the Insurer or any of its agents relating to this insurance.. EXAMINATION OF THE INSURED S BOOKS AND RECORDS The Insurer may examine and audit any Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. XI. INSPECTIONS AND SURVEYS The Insurer has the right but not the obligation to A. make inspections and surveys at any time B. provide reports on the conditions it finds C. recommend changes or D. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any entity to provide for the health or safety of workers or the public 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. XIl. LIBERALIZATION If the Insurer adopts any revision that would broaden the coverage under this Policy without additional premium within 60 days prior to or during the policy period the broadened coverage will immediately apply to this Policy. N e e o CNAB2642XX 10 15 Page 2 of 3 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Common Terms and Conditions XIll. NAMED INSURED AUTHORIZATION AND NOTICES The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all notices to the Insurer the receipt of notices from the Insurer the payment of the premiums the receipt of any return premiums that may become due under this Policy and the acceptance of endorsements. Any notices required under the CANCELLATION NON RENEWAL sections of this Policy shall be provided to the First Named Insured at the last known address and to its insurance agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. XIV. NO SUIT AGAINST INSURER A. No suit shall be brought under this Policy by anyone other than the Named Insured. The Named Insured may not bring any such suit action or legal proceeding unless as a condition precedent there shall have been full compliance with all the provisions of this Policy and 1. with respect to any property coverage part the action is brought within 3 years after the date on which the loss or damage occurred or with respect to any crime coverage the date the loss was discovered 2. with respect to any third party coverage part the amount of the Named Insured s obligation to pay shall have been finally determined either by final and nonappealable judgment against the Named Insured after trial or by written agreement of the Named Insured the claimant and the Insurer. However if any law prohibits such time limitation then the limitation is amended to equal the minimum time limitation required by such law. B. No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against the Named Insured to determine the Named Insured s liability nor shall the Insurer be impleaded by the Named Insured or their legal representatives in any such suit. XV. TRADE AND ECONOMIC SANCTIONS This Policy does not provide coverage for any Named Insured transactions or any loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. XVI. HEADINGS The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago lllinois but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the Insurer. Chairman Secretary S N e e o CNAB2642XX 10 15 Page 3of 3 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Construction General Liability Coverage Part Declarations Policy Number 6014687412 1. Named Name KANSAS ASPHALT INC. Insured and mailing address Address 7000 W 206TH ST BUCYRUS KS 66013 9610 2. Type of. Organization Corporation 3. Limits of Insurance Deductible General Aggregate Limit 2 000000 Products Completed Operations Aggregate Limit 2000000 Personal And Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit 300 000 Medical Expense Limit Any One Person 10000 10000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 82787.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 82787.00 5. Audit Period Annual e e Insured and mailing address Insurance Deductible Fees at Issuance CNA74694XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 6014687412 Policy Level P Premium Estimated Coverage Hazard Description Exposure s Rate Eremitn Contractors General Liability Extension Incl Endorsement Electronic Data Liability Incl General Contractor s Blanket Additional Incl Insured Increased Damages for Premises Rented to 60 you Estimated premium for Increased Limits fo r Damage to Premises is determined based on tiered rates depending on the number of locations Fellow Employee Bodily Injury Coverage su 5 1801 Composite Rating Composite Rated Units Contracting 45000000 U.877 539465 Medium Composite Rated Payroll Contracting 2485525 P 16.681 41461 Medium Minimum General Liability Premium CIVA CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word Insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in bold have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the Insured against any suit seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no Insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed Insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodil damage or injury or property 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. CG0001 04 13 Page 1 of 20 P T. N T 1 0892171897 109210002004 Page 1 of 20 Copyright Insurance Services Office Inc. 2012 | 0 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. 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 b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any Insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that Insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. P T. N T 1 CG0001 04 13 Page 2 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. 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. 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 Atorfrom 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 i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor. However this subparagraph does not apply to 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 P T. N T 1 80892171897 10921000200 CG0001 04 13 Page 3 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 iii 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. 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 4 Liability assumed under any Insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or f.3 of the definition of mobile equipment. P T. N T 1 CG0001 04 13 Page 4 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Personal property in the care custody or control of the Insured 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage To Your Product Property damage to your product arising out of it or any part of it. 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. P T. N T 1 60892172897 10921000200 Paragrap Paragrap operatio k. Damage Property I. Damage Property operatio CG0001 04 13 Page 5 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use 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. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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. 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 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. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll Limits Of Insurance. CG0001 04 13 Page 6 of 20 P T. N T 1 Page 6 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
10020001260146874126310 cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the Insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the Insured. e. Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. CG0001 04 13 Page 7 of 20 P T. N T 1 04892171897 10921000200 Page 7 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. CG0001 04 13 Page 8 of 20 P T. N T 1 Page 8 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. 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. 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. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. 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. P T. N T 1 Toany Ir b. Hired Pe To a per c. Injury O To a per d. Workers To a per provided CG0001 04 13 Page 9 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. 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 All expenses we incur. 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. 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. 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. Al court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. 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. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an Insured contract This insurance applies to such liability assumed by the Insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same Insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit CG0001 04 13 Page 10 of 20 P T. N T 1 Page 10 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. 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. Anindividual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an Insured. Your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. c. A limited liability company you are an Insured. Your members are also Insureds but only with respect to the conduct of your business. Your managers are Insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an Insured. Your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are also Insureds but only with respect to their liability as stockholders. e. Atrust you are an Insured. Your trustees are also Insureds but only with respect to their duties as trustees. 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 co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. CG0001 04 13 Page 11 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. 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. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an Insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 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. 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. 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. P T. N T 1 CG0001 04 13 Page 12 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
10020001260146874126313 cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. 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. 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. 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. Ifaclaim 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 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part CG0001 04 13 Page 13 of 20 P T. N T 1 4892171897 10921000200 Page 13 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an Insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That s Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional Insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self Insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. P T. N T 1 CG0001 04 13 Page 14 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
10020001260146874126314 cA CNA PARAMOUNT Commercial General Liability Coverage Part 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. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the First Named Insured. c. The First Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the First Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each Insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the First Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or CG0001 04 13 Page 15 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an Insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement P T. N T 1 CG0001 04 13 Page 16 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. b. 4 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 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 CG0001 04 13 Page 17 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. P T. N T 1 CG0001 04 13 Page 18 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. suit includes a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. CG0001 04 13 Page 19 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. P T. N T 1 CG0001 04 13 Page 20 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement then that other endorsement controls with respect to such provision and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured Primary And Non Contributory To Additional Insured s Insurance 3. Bodily Injury Expanded Definition 4. Broad Knowledge of Occurrence Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability Railroads 8. Electronic Data Liability 9. Estates Legal Representatives and Spouses 10. Expected Or Intended Injury Exception for Reasonable Force 11. General Aggregate Limits of Insurance Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures Partnership Limited Liability Companies 15. Legal Liability Damage To Premises Alienated Premises Property In The Named Insured s Care Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non owned Aircraft Coverage g 19. Non owned Watercraft g 20. Personal And Advertising Injury Discrimination or Humiliation b 21. Personal And Advertising Injury Contractual Liability 22. Property Damage Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation Blanket 26. Wrap Up Extension OCIP CCIP or Consolidated Wrap Up Insurance Programs CNA74705XX 1 15 Policy No 6014687412 Page 10of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement provided such contract or agreement 1 is currently in effect or becomes effective during the term of this Coverage Part and 2 was executed prior to a the bodily injury or property damage or b the offense that caused the personal and advertising injury for which such additional insured seeks coverage. b. However subject always to the terms and conditions of this policy including the limits of insurance the Insurer will not provide such additional insured with 1 a higher limit of insurance than required by such contract or agreement or 2 coverage broader than required by such contract or agreement and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured but only with respect to such person or organization s liability for bodily injury property damage or personal and advertising injury arising out of 1. such person or organization s financial control of a Named Insured or 2. premises such person or organization owns maintains or controls while a Named Insured leases or occupies such premises provided that the coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. B. Co owner of Insured Premises A co owner of a premises co owned by a Named Insured and covered under this insurance but only with respect to such co owner s liability for bodily injury property damage or personal and advertising injury as co owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by the Named Insured s maintenance operation or use of such equipment provided that the occurrence giving rise to such bodily injury property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of such land provided that the occurrence giving rise to such bodily injury property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX 1 15 Policy No 6014687412 Page 2 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured or such owner or lessor s real estate manager but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of such part of the premises leased to the Named Insured and provided that the occurrence giving rise to such bodily injury or property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. F. Mortgagee Assignee or Receiver A mortgagee assignee or receiver of premises but only with respect to such mortgagee assignee or receiver s liability for bodily injury property damage or personal and advertising injury arising out of the Named Insured s ownership maintenance or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision s liability for bodily injury property damage or personal and advertising injury arising out of 1. the following hazards in connection with premises a Named Insured owns rents or controls and to which this insurance applies a. the existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoistaway openings sidewalk vaults street banners or decorations and similar exposures or b. the construction erection or removal of elevators or c. the ownership maintenance or use of any elevators covered by this insurance or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured s behalf. The coverage granted by this paragraph does not apply to a. Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision or b. Bodily injury or property damage included within the products completed operations hazard. With respect to this provision s requirement that additional insured status must be requested under a written contract or agreement the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured s participation in a trade show event as an exhibitor presenter or displayer any person or organization whom the Named Insured is required to include as an additional insured but only with respect to such person or organization s liability for bodily injury property damage or personal and advertising injury caused by CNA74705XX 1 15 Policy No 6014687412 Page 3 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 84892171897 10921000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement a. the Named Insured s acts or omissions or b. the acts or omissions of those acting on the Named Insured s behalf in the performance of the Named Insured s ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products completed operations hazard. 2. ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY TO ADDITIONAL INSURED S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non contributory relative to an additional insured s own insurance then this insurance is primary and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2. the additional insured s own insurance means insurance on which the additional insured is a named insured. Otherwise and notwithstanding anything to the contrary elsewhere in this Condition the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following Bodily injury means physical injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE NOTICE OF OCCURRENCE Under CONDITIONS the condition entitied Duties in The Event of Occurrence Offense Claim or Suit is amended to add the following provisions A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer s authorized representative notice of an occurrence offense or claim only when the occurrence offense or claim is known to a natural person Named Insured to a partner executive officer manager or member of a Named Insured or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence offense or claim and that failure is solely due to the Named Insured s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However the Named Insured shall give written notice of such occurrence offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph 4. below any organization in which a Named Insured has management control a. on the effective date of this Coverage Part or CNA74705XX 1 15 Policy No 6014687412 Page 4 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period qualifies as a Named Insured provided that there is no other similar liability insurance whether primary contributory excess contingent or otherwise which provides coverage to such organization or which would have provided coverage but for the exhaustion of its limit and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to a any partnership limited liability company or joint venture or b any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision management control means A. owning interests representing more than 50 of the voting appointment or designation power for the selection of a majority of the Board of Directors of a corporation or B. having the right pursuant to a written trust agreement to protect control the use of encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above this insurance does not apply to a. bodily injury or property damage that first occurred prior to the date of management control or that first occurs after management control ceases nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing business as names dba as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following This insurance does not apply to k. Damage to Your Product Property damage to your product arising out of it or any part of it except when caused by or resulting from 1 fire 2 smoke 3 collapse or 4 explosion. 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. This exclusion does not apply 1 If the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor or CNA74705XX 1 15 Policy No 6014687412 Page 5 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 64892171897 10921000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement 2 If the cause of loss to the damaged work arises as a result of a fire b smoke c collapse or d explosion. B. The following paragraph is added to LIMITS OF INSURANCE Subject to 5. above 100000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire smoke collapse or explosion and is included within the product completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work or the work out of which the damage arises was performed on the Named Insured s behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY RAILROADS With respect to operations performed within 50 feet of railroad property the definition of insured contract is replaced by the following Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract b. A sidetrack agreement Any easement or license agreement 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 the Named Insured s business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX 1 15 Policy No 6014687412 Page 6 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following This insurance does not apply to p. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relation expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph 1 or 2 above. B. The following paragraph is added to LIMITS OF INSURANCE Subject to 5. above 100000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS 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. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision the definition of property damage in DEFINITIONS is replaced by the following Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy then the 100000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of and not in addition to that higher limit. 9. ESTATES LEGAL REPRESENTATIVES AND SPOUSES The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for CNA74705XX 1 15 Policy No 6014687412 Page 7 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. nan nan nan nan 2892171897.0 10921000200.0 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses acts errors or omissions in the conduct of the Named Insured s business. 10. EXPECTED OR INTENDED INJURY EXCEPTION FOR REASONABLE FORCE Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following This insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE PER PROJECT A. For each construction project away from premises the Named Insured owns or rents a separate Construction Project General Aggregate Limit equal to the amount of the General Aggregate Limit shown in the Declarations is the most the Insurer will pay for the sum of 1. Alldamages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and 2. All medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Construction Project General Aggregate Limit of any other construction project. B. Al 1. Damages under Coverage B regardless of the number of locations or construction projects involved 2. Damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single construction project except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single construction project will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence for Damage To Premises Rented To You and for Medical Expense continue to apply but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit shown in the Declarations regardless of the number of projects involved. CNA74705XX 1 15 Page 8 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 6014687412 Endorsement No 1 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured or chartered by or for the Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.1 and 1.b.2 with the following b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured s primary business purpose and only if 1 such bodily injury is caused by an occurrence that takes place in the coverage territory. 2 the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act error or omission that is part of the occurrence and B. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to i. add the following to the Employers Liability exclusion This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured or which would have been available but for exhaustion of its limits. ii. delete the exclusion entitled Contractual Liability and replace it with the following This insurance does not apply to Contractual Liability the Insured s actual or alleged liability under any oral or written contract or agreement including but not limited to express warranties or guarantees. iii. add the following additional exclusions This insurance does not apply to Discrimination any actual or alleged discrimination humiliation or harassment including but not limited to claims based on an individual s race creed color age gender national origin religion disability marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest criminal or malicious act error or omission. Medicare Medicaid Fraud CNA74705XX 1 15 Policy No 6014687412 Page 9 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. nan nan nan nan 1269217897.0 10921000200.0 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to i. add the following definitions Health care incident means an act error or omission by the Named Insured s employees or volunteer workers in the rendering of a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food beverages medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required a. Physician b. Nurse c. Nurse practitioner d. Emergency medical technician e. Paramedic. Dentist g. Physical therapist h. Psychologist i. Speech therapist j Other allied health professional or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following Occurrence means a health care incident. All acts errors or omissions that are logically connected by any common fact circumstance situation transaction event advice or decision will be considered to constitute a single occurrence iii. amend the definition of Insured to a. add the following the Named Insured s employees are Insureds with respect to 1 bodily injury to a co employee while in the course of the co employee s employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business and CNA74705XX 1 15 Policy No 6014687412 Page 10 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement 14. 15. 2 bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured s business when such bodily injury arises out of a health care incident. the Named Insured s volunteer workers are Insureds with respect to 1 bodily injury to a co volunteer worker while performing duties related to the conduct of the Named Insured s business and 2 bodily injury to an employee while in the course of the employee s employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business when such bodily injury arises out of a health care incident. b. delete Subparagraphs a b c and d of Paragraph 2.a.1 of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.1 in its entirety and replace it with the following Other Insurance b. Excess Insurance 1 To the extent this insurance applies it is excess over any other insurance self insurance or risk transfer instrument whether primary excess contingent or on any other basis except for insurance purchased specifically by the Named Insured to be excess of this coverage. JOINT VENTURES PARTNERSHIP LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following 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 except that if the Named Insured was a joint venturer partner or member of a limited liability company and such joint venture partnership or limited liability company terminated prior to or during the policy period such Named Insured is an Insured with respect to its interest in such joint venture partnership or limited liability company but only to the extent that a. any offense giving rise to personal and advertising injury occurred prior to such termination date and the personal and advertising injury arising out of such offense first occurred after such termination date b. the bodily injury or property damage first occurred after such termination date and c. there is no other valid and collectible insurance purchased specifically to insure the partnership joint venture or limited liability company and If the joint venture partnership or limited liability company is or was insured under a consolidated wrap up insurance program then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entited WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS. Please see that provision for the definition of consolidated wrap up insurance program. LEGAL LIABILITY DAMAGE TO PREMISES ALIENATED PREMISES PROPERTY IN THE NAMED INSURED S CARE CUSTODY OR CONTROL A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following This insurance does not apply to CNA74705XX 1 15 Policy No 6014687412 Page 11 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission 22892171897 10921000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement Damage to Property Property damage to 1 Property the Named Insured owns rents or occupies 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 the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises 6 Property loaned to the Named Insured Personal property in the care custody or control of the Insured That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured s behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work. 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. Paragraphs 3 and 4 of this exclusion do not apply to property damage to i. tools or equipment the Named Insured borrows from others nor ii. other personal property of others in the Named Insured s care custody or control while being used in the Named Insured s operations away from any Named Insured s premises. However the coverage granted by this exception to Paragraphs 3 and 4 does not apply to a. property at a job site awaiting or during such property s installation fabrication or erection b. property that is mobile equipment leased by an Insured c. property that is an auto aircraft or watercraft d. property in transit or e. any portion of property damage for which the Insured has available other valid and collectible insurance or would have such insurance but for exhaustion of its limits or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX 1 15 Page 12 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 6014687412 Endorsement No 1 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitied Exclusions is amended to delete its last paragraph and replace it with the following Exclusions. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. The following paragraph is added to LIMITS OF INSURANCE Subject to 5. above 25000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment and to other personal property of others in the Named Insured s care custody or control while being used in the Named Insured s operations away from any Named Insured s premises. The Insurer s obligation to pay such property damage does not apply until the amount of such property damage exceeds 1000. The Insurer has the right but not the duty to pay any portion of this 1000 in order to effect settlement. If the Insurer exercises that right the Named Insured will promptly reimburse the Insurer for any such amount. Paragraph 6. Damage To Premises Rented To You Limit of LIMITS OF INSURANCE is deleted and replaced by the following 6. Subject to Paragraph 5. above the Each Occurrence Limit the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. 500000 or b. The Damage To Premises Rented To You Limit shown in the Declarations. Paragraph 4.b.1aii of the Other Insurance Condition is deleted and replaced by the following i That is property insurance for premises rented to the Named Insured for premises temporarily occupied by the Named Insured with the permission of the owner or for personal property of others in the Named Insured s care custody or control 16. LIQUOR LIABILITY Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete the exclusion entitied Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. the Medical Expense Limit and replace it with the following 7. Subject to Paragraph 5. above the Each Occurrence Limit the Medical Expense Limit is the most the Insurer will pay under Coverage C Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of 1 15000 unless a different amount is shown here N NNN NNN NNN or 2 the amount shown in the Declarations for Medical Expense Limit. CNA74705XX 1 15 Policy No 6014687412 Page 13 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement B. Under COVERAGES the Insuring Agreement of Coverage C Medical Payments is amended to replace Paragraph 1.a.3b with the following b The expenses are incurred and reported to the Insurer within three years of the date of the accident and 18. NON OWNED AIRCRAFT Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended as follows The exclusion entitied Aircraft Auto or Watercraft is amended to add the following This exclusion does not apply to an aircraft not owned by any Named Insured provided that 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating that person as a commercial or airline transport pilot 2. the aircraft is rented with a trained paid crew to the Named Insured and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON OWNED WATERCRAFT Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitied Exclusions is amended to delete subparagraph 2 of the exclusion entitled Aircraft Auto or Watercraft and replace it with the following. This exclusion does not apply to 2 awatercraft that is not owned by any Named Insured provided the watercraft is a less than 75 feet long and b not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS the definition of personal and advertising injury is amended to add the following tort Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES Coverage B Personal and Advertising Injury Liability the paragraph entitied Exclusions is amended to 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following This insurance does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is not done intentionally by or at the direction of a the Named Insured or b any executive officer director stockholder partner member or manager if the Named Insured is a limited liability company of the Named Insured. 2. add the following exclusions CNA74705XX 1 15 Policy No 6014687412 Page 14 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement 21. This insurance does not apply to Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment prospective employment past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale rental lease or sub lease or prospective sale rental lease or sub lease of any room dwelling or premises by or at the direction of any Insured. Notwithstanding the above there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY A. Under COVERAGES Coverage B Personal and Advertising Injury Liability the paragraph entitied Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY provision the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. Paragraph 2.d. is replaced by the following d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee 2. The first unnumbered paragraph beneath Paragraph 2.f.2b is deleted and replaced by the following So long as the above conditions are met attorneys fees incurred by the Insurer in the defense of that indemnitee necessary litigation expenses incurred by the Insurer and necessary litigation expenses incurred by the indemnitee at the Insurer s request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY Provision does not apply if Coverage B Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE ELEVATORS A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs 3 4 and 6 of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX 1 15 Policy No 6014687412 Page 15 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission nan nan nan nan 2892171897.0 10921000200.0 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE ELEVATORS Provision the Other Insurance conditions is amended to add the following paragraph This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entittled SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended as follows A. Paragraph 1.b. is amended to delete the 250 limit shown for the cost of bail bonds and replace it with a 5000. limit and B. Paragraph 1.d. is amended to delete the limit of 250 shown for daily loss of earnings and replace it with a 1000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured s Coverage Part the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION BLANKET Under CONDITIONS the condition entitied Transfer Of Rights Of Recovery Against Others To Us is amended to add the following The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of 1. the Named Insured s ongoing operations or 2. your work included in the products completed operations hazard. However this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement and only if such contract or agreement 1. isin effect or becomes effective during the term of this Coverage Part and 2. was executed prior to the bodily injury property damage or personal and advertising injury giving rise to the claim. 26. WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS Note The following provision does not apply to any public construction project in the state of Oklahoma nor to any construction project in the state of Alaska that is not permitted to be insured under a consolidated wrap up insurance program by applicable state statute or regulation. If the endorsement EXCLUSION CONSTRUCTION WRAP UP is attached to this policy or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs O.C.I.P. or Contractor Controlled Insurance Programs C.C.I.P. is attached then the following changes apply A. The following wording is added to the above referenced endorsement With respect to a consolidated wrap up insurance program project in which the Named Insured is or was involved this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of 1. Bodily injury property damage or personal or advertising injury that occurs during the Named Insured s ongoing operations at the project or during such operations of anyone acting on the Named Insured s behalf nor CNA74705XX 1 15 Policy No 6014687412 Page 16 of 17 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors General Liability Extension Endorsement 2. Bodily injury or property damage included within the products completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.1c This insurance is excess over c Any of the other insurance whether primary excess contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated wrap up insurance program but only as respects the Named Insured s involvement in that consolidated wrap up insurance program. C. DEFINITIONS is amended to add the following definitions Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project such as an Owner Controlled Insurance Program O.C.I.P. or Contractor Controlled Insurance Program C.C.I.P.. Residential structure means any structure where 30 or more of the square foot area is used or is intended to be used for human residency including but not limited to 1. single or multifamily housing apartments condominiums townhouses co operatives or planned unit developments and 2. the common areas and structures appurtenant to the structures in paragraph 1. including pools hot tubs detached garages guest houses or any similar structures. However when there is no individual ownership of units residential structure does not include military housing college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 10020001260146874126325 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74705XX 1 15 Page 17 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 6014687412 Endorsement N 1 Effective Date 03032019 JRANCE COMPANY | 2 |
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