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cA CNA PARAMOUNT Electronic Data Liability Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. It is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following This insurance does not apply to 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. 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. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitied Exclusions is amended to add the following exclusion Access Or Disclosure Of Confidential Or Personal Information This insurance does not apply to 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 the Named Insured or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. The section entitled Limits of Insurance is amended to add the following Subject to the applicable Each Occurrence Limit the Loss of Electronic Data Limit shown in the Schedule above is the most the Insurer will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. IV. The section entitled Definitions is amended to add the following 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. V. For the purposes of the coverage provided by this endorsement the definition of property damage in the section entitled Definitions is replaced by the following CNA74733XX 1 15 Policy No 6014687412 Page 10of 2 Endorsement No 2 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. 0 oo e o PN 1 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Electronic Data Liability Endorsement 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 0 oo e o PN 1 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. CNA74733XX 1 15 Page 2 of 2 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 2 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT General Aggregate Limit Designated Locations Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations Each of your locations owned by or rented to you for which coverage applies in this policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. It is understood and agreed as follows For each single designated location shown in the Schedule above a separate Designated Location 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 A. all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and B. all medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Designated Location General Aggregate Limit applicable to any other designated location shown in the Schedule above. All A. damages under Coverage B regardless of the number of locations or projects involved B. damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single designated location shown in the Schedule above except damages because of bodily injury or property damage included in the products completed operations hazard and C. medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single designated location shown in the Schedule above will reduce the General Aggregate Limit shown in the Declarations. The limits shown in the Declarations for Each Occurrence for Damage To Premises Rented To You and for Medical Expense continue to apply but will be subject to either the Designated Location General Aggregate Limit or the CNA74827XX 1 15 Policy No 6014687412 Page 10of 2 Endorsement No 3 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. wVA General Aggrega JRANCE COMPANY | 2 |
cA CNA PARAMOUNT General Aggregate Limit Designated Locations Endorsement General Aggregate Limit depending on whether the occurrence can be attributed solely to ongoing operations at a single designated location shown in the Schedule above. IV. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of locations or projects involved will reduce the Products Completed Operations Aggregate Limit shown in the Declarations. V. For the purposes of this endorsement the following Definition is added Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. wVA General Aggrega All 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. CNA74827XX 1 15 Page 2 of 2 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 3 Effective Date 03032019 JRANCE COMPANY | 2 |
CNA PARAMOUNT CNA Fellow Employee Bodily Injury Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that I. Paragraph 2.a. 1 of the section entitied Who Is An Insured is amended by the addition of the following Subparagraphs a b and c above do not apply to any employees with respect to bodily injury to a co employee or volunteer worker. 1. The Condition entitled Other Insurance is amended by the addition of the following The coverage provided by this endorsement is excess over any other valid and collectible insurance that also covers the liability of any employee that is covered by paragraph 1. of this endorsement. PP T P P 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. 82892171897 10921 000200 CNA74893XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 4 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Blanket Additional Insured Owners Lessees or Contractors with Products Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf A. inthe performance of your ongoing operations subject to such written contract or B. in the performance of your work subject to such written contract but only with respect to bodily injury or property damage included in the products completed operations hazard and only if 1. the written contract requires you to provide the additional insured such coverage and 2. this coverage part provides such coverage. But if the written contract requires A. additional insured coverage under the 11 85 edition 10 93 edition or 10 01 edition of CG2010 or under the 10 01 edition of CG2037 or B. additional insured coverage with arising out of language or C. additional insured coverage to the greatest extent permissible by law then paragraph. above is deleted in its entirety and replaced by the following WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of your work that is subject to such written contract. Subject always to the terms and conditions of this policy including the limits of insurance the Insurer will not provide such additional insured with A. coverage broader than required by the written contract or B. a higher limit of insurance than required by the written contract.. The insurance granted by this endorsement to the additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of A. the rendering of or the failure to render any professional architectural engineering or surveying services including 1. the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. supervisory inspection architectural or engineering activities or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. Under COMMERCIAL GENERAL LIABILITY CONDITIONS the Condition entitied Other Insurance is amended to add the following which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part CNA75079XX 10 16 Policy No 6014687412 Page 10of 2 Endorsement No 5 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 wVA Blanket Additional Insured Contracto with | 2 |
cA CNA PARAMOUNT Blanket Additional Insured Owners Lessees or Contractors with Products Completed Operations Coverage Endorsement VI. Vil Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured this insurance is primary to and will not seek contribution from such other insurance provided that a written contract requires the insurance provided by this policy to be 1. primary and non contributing with other insurance available to the additional insured or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above this insurance will be excess of all other insurance available to the additional insured. Solely with respect to the insurance granted by this endorsement the section entitted COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows The Condition entitled Duties In The Event of Occurrence Offense Claim or Suit is amended with the addition of the following Any additional insured pursuant to this endorsement will as soon as practicable 1. give the Insurer written notice of any claim or any occurrence or offense which may result in a claim 2. send the Insurer copies of all legal papers received and otherwise cooperate with the Insurer in the investigation defense or settlement of the claim and 3. make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However if the written contract requires this insurance to be primary and non contributory this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. Solely with respect to the insurance granted by this endorsement the section entitied DEFINITIONS is amended to add the following definition Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part provided the contract or agreement A. s currently in effect or becomes effective during the term of this policy and B. was executed prior to 1. the bodily injury or property damage or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. wVA Blanket Additional Insured Contracto with 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. CNA75079XX 10 16 Policy No 6014687412 Page 2 of 2 Endorsement No 5 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. RANCE COMPANY | 2 |
CNA PARAMOUNT Blanket Additional Insured Owners Lessees or Contractors with Products Completed Operations Coverage Schedule Attachment Name of Additional Insured Persons Or Organizations As required by written contract per Paragraph of endorsement CNA75079 Greystar Real Estate Partners LLCIts Affiliates and the Ownership Entities of their Owned or Managed Communities wVA Blanket Additional Insured Contractors Wth reystar Real Estate Partners LLCIts Affiliates and the Ownership Entities of heir Owned or Managed Communities 08892172897 10921000200 1002000126014 Locations of Covered Operations As per the written contract of an additional insured person or organization listed above and provided the location is within the coverage territory of this coverage part. Itis understood and agreed that you or your representative has notified the Insurer that the person or organization listed in the above ADDITIONAL INSURED SCHEDULE has requested additional insured status under a written contract. Please see endorsement CNA75079 for a description of the applicable coverage terms. CNA75080XX 10 16 Policy No 6014687412 Page 1of 1 Endorsement No 6 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Pollution Exclusion Amendatory Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete paragraph 2 of exclusion f. Pollution in its entirety and replace it with the following This insurance does not apply to 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 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 if liability for damages because of property damage is not excluded by paragraph 1 of this exclusion then neither will paragraph 2a above serve to exclude such damages. All 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. nan nan nan nan 168921897.0 10921000200.0 CNA74843XX 1 15 Page 1of 1 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 7 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the policy is amended as follows I. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. bodily injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury B. property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure or C. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such loss cost or expense. However this exclusion does not apply to any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure B. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. However this exclusion does not apply to i. any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il As used herein A. fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. CNA74708XX 1 15 Policy No 6014687412 Page 10of 2 Endorsement No 8 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. wVA Fungi Mold Mildew Yeast 26692171897 10921 000200 | 2 |
cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement B. microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of microbes. IV. The following Condition is added Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by the Insurer. If the Named Insured disagrees with that determination the Named Insured and by the Insurer agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as the Named Insured and the Insurer agree to. If binding arbitration of insurance disputes is not allowed in the state where the Named Insured is incorporated or if the Named Insured is not a corporation the state where the Named Insured is domiciled then arbitration shall be non binding and shall only proceed if both the Named Insured and the Insurer agree to enter into it. The arbitration will be held in the county where the Named Insured is headquartered or at such other location as may be jointly agreed to by the Named Insured and the Insurer. Each party will bear its own arbitration costs. wVA Fungi Mold Mildew Yeast All 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. CNA74708XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 8 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Employment Related Practices Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to Bodily injury or personal and advertising injury to 1 a person arising out of any a refusal to employ that person b c employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or termination of that person s employment or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. However solely with respect to Coverage A this exclusion does not apply to physical injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job. 10020001260146874126333 All 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. CNA74761XX 1 15 Page 1of 1 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 9 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors Professional Liability Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion 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 professional services by the Named Insured or on the Named Insured s behalf. As used herein professional services means A. engineering architectural or surveying services to others in the Named Insured s capacity as an engineer architect or surveyor or B. providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work the Named Insured performs. Such professional services include 1. 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 or inspection activities performed as part of any related architectural or engineering activities. However professional services do not include services within construction means methods techniques sequences and procedures employed by the Named Insured in connection with the Named Insured s operations in the Named Insured s capacity as a construction contractor. 10020001260146874126334 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. CNA74801XX 1 15 Page 1of 1 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 10 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Residential Construction Defect Products Completed Operations Exclusion Endorsement This endorsement modifies insurance provided under the following It I COMMERCIAL GENERAL LIABILITY COVERAGE PART is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to add the following exclusion This insurance does not apply to property damage that A. s included within the products completed operations hazard B. arises out of defective construction of all or any part of a residential structure and C. s reported to the Insurer more than 12 months after your work is deemed completed on the project from which the property damage allegedly arises. As used herein A. your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. 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. construction means any and all aspects of the erection or demolition of structures including but not limited to design specifications planning building materials supervision or observation of construction. Construction also includes new construction conversion reconstruction rehabilitation renovation remodeling repair or maintenance. C. defective construction means any actual or alleged deficiency in construction. D. 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. wVA Residential Constructlon Defect 56892171897 10921000200 college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. 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. CNA74862XX 1 15 Policy No 6014687412 Page 1 of 1 Endorsement No 11 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Construction Wrap Up Program Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on the Named Insured s behalf which is or was insured under a consolidated wrap up insurance program. This exclusion applies whether or not the consolidated wrap up insurance program A. provides coverage identical to that provided by this Coverage Part B. has limits adequate to cover all claims or C. remains in effect. Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project. Consolidated wrap up insurance program includes an Owner Controlled Insurance Program O.C.1.P. or a Contractor Controlled Insurance Program C.C.I.P.. All 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. 98692171897 10921000200 CNA74863XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 12 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Exterior Finish System Products Completed Operations Property Damage Exclusion Endorsement T It I his endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART is understood and agreed that Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to Property damage included in the products completed hazard arising out of caused by or attributable to whether in whole or in part an exterior finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulkings or sealants in connection with such system. The section entitied DEFINITIONS is amended to add the following new definition Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the outside surface and designed to consist of a. A backer board that is attached to any building surface or substrate b. Anintegrally reinforced base coat on the face of the backer board c. A protective finish applied to the surface of the base coat and d. Applicable accessories flashings coatings caulking and sealants that interact to form an energy efficient wall. As used herein backer board includes but is not limited to insulation board foam board cement board cementitious b acker board plywood oriented strand board any gypsum based board metal sheet concrete block or concrete. wVA Exterior Finish System Products C 10020001260146874126337 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. CNA74892XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 13 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or. 2 the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public 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. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. As used herein 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. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitied Exclusions is amended to add the following exclusion Access Or Disclosure Of Confidential Or Personal Information This insurance does not apply to 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 the Named Insured or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. wVA Exclusion Access or Discl or Personal Information and D TR TV T o nan nan nan nan 86692171897.0 109210002004.0 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. CNA75089XX 1 15 Policy No 6014687412 Page 1 of 1 Endorsement No 14 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 Construction Employee Benefits 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 c i Organization orporation 3. Limits of Insurance Each Employee Limit 51000000 Deductible Employee Benefits Liability all claims in the aggregate limit 1000000 Deductible Each Employee 1000 51000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 400.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 400.00 5. Audit Period Annual et e CIVA Insured and mailing address Insurance Deductible ty all claims in the aggregate limit Fees at Issuance CNA74693XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Employee Benefits Liability Schedule of Locations and Coverages Policy Number 6014687412 Location Level Location Number Location Address 1 7000 W 206th St BUCYRUS KS 66013 Premium Estimated Coverage Hazard Description Exposure Basis Rate Premium Each Employee Benefits Liability 96 Employee Tncl 400 Location Sub Total 400 CIVA Additional Declarations PR T R P T I CNA75133XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence I. COVERAGE The Insurer will pay those sums up to the applicable limit of insurance that the Insured becomes legally obligated to pay as damages as a result of a covered claim for an act error or omission negligently committed in the administration of the Named Insured s employee benefit program provided that such act error or omission A. takes place in the coverage territory B. was committed during the policy period and C. prior to the effective date of the policy period 1. no authorized insured knew or should have known of a claim or circumstance 2. no Insured had given notice to a prior insurer of any related claim. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. Il. DUTY TO DEFEND The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered suit even if any of the allegations of such suit are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation proceeding the Insurer shall be entitied to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. lll. EXCLUSIONS This insurance does not apply to A. Bodily Injury Property Damage or Personal and Advertising Injury any bodily injury property damage or personal and advertising injury. B. Dishonest Fraudulent Criminal or Malicious Act Damages any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. C. Employment Related Practices any wrongful termination of employment discrimination or other employment related practices. D. ERISA Internal Revenue Code any act error or omission in the Insured s capacity as a fiduciary under 1. the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws or 2. the Internal Revenue Code of 1986 as now or hereafter amended. E. Failure to Perform a Contract any failure of performance of contract by any insurer. F. Inadequacy of Performance of Investment Advice Given with Respect to Participation any 1. failure of any investment to perform CNA74721XX 01 15 Page 1 of 8 e nan nan nan nan 18924897.0 10921000200.0 Page 1 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 2. 3. errors in providing information on past performance of investment vehicles or 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. G. Insufficiency of Funds any insufficiency of funds to meet any obligations under any plan included in the employee benefit program. H. Workers Compensation and Similar Laws any failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. IV. LIMITS OF INSURANCE AND DEDUCTIBLE A. Limits of Insurance 1. Related Claims Al related claims whenever made shall be considered a single claim first made during the policy period in which the earliest claim was first made. 2. Limit of insurance each employee Subject to paragraph 2. below the Insurer s limit of insurance for damages for all covered claims made by or behalf of any one employee including such employee s dependents or beneficiaries shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability each employee. 3. Limit of insurance all claims in the aggregate The Insurer s limit of insurance for damages for all covered claims shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability all claims in the aggregate regardless of the number of employees. 4. Multiple insureds claims and claimants The limits of insurance shown in the Coverage Part Declarations and subject to the provisions of this policy is the most the Insurer will pay as damages regardless of the number of Insureds claims made or reported persons or entities making claims acts errors or omission which result in damages or defense costs employee benefit plans. B. Deductible 1. The Insurer s obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount stated on the Coverage Part Declarations as applicable to each employee including such employee s dependents or beneficiaries. The limits of insurance shall not be reduced by the amount of this deductible. 2. The deductible amount stated on the Coverage Part Declarations 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. 3. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim and upon notification of the action taken the Insured shall promptly reimburse the Insurer for such part of the deductible amount as the Insurer has paid. 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 Policy 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. CNA74721XX 01 15 Page 2 of 8 e Page 2 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence V. CONDITIONS Assistance and Cooperation If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings B. fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this coverage part unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this coverage part which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouse of any natural person Insured shall also be insured under this coverage part provided however coverage is afforded to such estates heirs legal representatives and spouse only for 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. Notice of Claims and Circumstances A. Notice of Circumstances The Insured must see to it that the Insurer is notified promptly of any circumstance. To the extent possible notice should include 1. how when and where the act error or omission took place 2. the names and addresses of any injured persons or organizations and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of Claims If a claim is made against any Insured the Insured must 1. immediately record the specifics of the claim and the date received and 2. notify the Insurer in writing as soon as possible. The Insured must 1. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim 2. authorize the Insurer to obtain records and other information. no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without the Insurer s consent. e nan nan nan nan 29892171897.0 10921000200.0 1. immediate 2. notify the C. The Insured i 1. immediate connectior 2. authorize D. no Insureds v expense witho CNA74721XX 01 15 Page 3 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Other Insurance If other valid and collectible insurance is available to the Insured for loss insured under this coverage part the Insurer s obligations are limited as follows A. Primary Insurance This insurance is primary. The Insurer s obligations are not affected unless any of the other insurance is also primary. Then the Insurer will share with all that other insurance by the method described in Paragraph b. below. B. Method of Sharing If all of the other insurance permits contribution by equal shares the Insurer 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 the Insurer 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. The Insurer will compute all premiums for this coverage part in accordance with the Insurer 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 the Insurer 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 term is greater than the earned premium the Insurer will return the excess to the First Named Insured. C. The First Named Insured must keep records of the information the Insurer need for premium computation and send the Insurer copies at such times as the Insurer may request. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the First Named Insured this insurance applies A. as if each Named Insured were the only Named Insured and B. separately to each Insured against whom a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer s rights and must do nothing to prejudice such rights. VI. DEFINITIONS Administration means A. providing information to employees including 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 effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. e CNA74721XX 01 15 Page 4 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s 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 the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Bodily injury means physical injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means A. suit or B. a written or oral demand for damages alleging negligent acts errors or omissions committed in the administration of the Named Insured s employee benefit plans. Circumstance means an act error or omission reported during the policy period from which an executive officer reasonably expects that a claim could be made. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. 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. Damages means the amount an Insured is legally obligated to pay either through 10020001260146874126343 A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include with respect to any claim 1. restitution return or disgorgement of fees costs and expenses paid or incurred or charged by an Insured no matter whether claimed as restitution of specific funds forfeiture financial loss set off or otherwise and injuries that are a consequence of any of the foregoing 2. civil or criminal fines sanctions penalties forfeitures or taxes whether pursuant to statute regulation or court rule including those imposed under the Internal Revenue Code 3. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards 4. injunctive or declaratory relief CNA74721XX 01 15 Page 5 of 8 e 9892171897 10921000200 Page 5 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 5. any amount that is not insurable under any applicable law or 6. plaintiff s attorney fees associated with any of the above 7. any amounts for benefits to the extent that such benefits are available with reasonable effort and cooperation of the Insured from the applicable funds accrued or other collectible insurance or 8. any amounts that exceed the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 1000.00 per day because of time off from work all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Payment of defense costs will not reduce the limit of insurance. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program means a program providing some or all of the following benefits to the employees whether provided through a cafeteria plan or otherwise A. C. D. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits unemployment insurance social security benefits workers compensation and disability benefits or vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A B. C. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership CNA74721XX 01 15 Page 6 of 8 e Page 6 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence D. manager of a limited liability company E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means any Named Insured and A. any natural person who was is or becomes 1. the Named Insured s executive officers but only for the administration of the Named Insured s employee benefit program or 2. the Named Insured s stockholders but only with respect to their liability as stockholders. 3. the Named Insured s employees authorized to administer its employee benefit program or 4. any natural person including any employee or any organization having proper temporary authorization to administer the Named Insured s employee benefit program but only until an authorized legal representative is appointed on behalf of the Named Insured. B. any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest if there is no other similar insurance available to that organization. However 1. coverage under this provision is afforded only until the 90th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier and 2. coverage does not apply to acts errors or omissions that occurred before the Named Insured acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. In addition to the above the estates heirs legal representatives or spouses of any of the Named Insured s executive officers or employees qualifying as an Insured are also insured pursuant to the condition entitied Estates Legal Representatives And Spouses. Leased worker means a natural person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and the labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Named Insured means the person or organization shown in the Declarations and any other person or organization qualifying as a Named Insured under this coverage part. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a natural 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 natural person s right of privacy CNA74721XX 01 15 Page 7 of 8 e 892171897 10921000200 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright or slogan in the Named Insured s advertisement. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Property damage means physical injury to A. 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. Related claims means all claims arising out of a single act error or omission or arising out of related acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefits program. Spouse means any husband or wife or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Suit means a civil proceeding in which damages 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 the Insurer s consent or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a natural person who is not the Named Insured s employee and who donates his or her work and acts at the direction of and within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Named Insured. e CNA74721XX 01 15 Page 8 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Amended Definition of Executive Officer Endorsement This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE PART It is understood and agreed that under DEFINITIONS the definition of Executive Officer is deleted and replaced by the following Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation. management committee member of a joint venture partner of a partnership manager of a limited liability company or trustee of a trust. wVA Employee Beneflt T 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. V892171897 10921000200 CNAB6269XX 10 16 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 15 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Construction Stop Gap Coverage Part Declarations Policy Number 6014687412 Name KANSAS ASPHALT INC. 1. Named Insured and mailing address Address 7000 W 206TH ST BUCYRUS KS 66013 9610 2. Type of c. Organization orporation 3. Limits of I. i Insurance Bodily Injury by Accident Each Accident Limit 1000000 Deductibles Bodily Injury by Disease Aggregate Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part Included Total Premium Surcharges Taxes and Fees for this Coverage Part Included 5. Designated States Territories or Possessions ND OH WA WY 6. Audit Period Annual CIVA Insured and mailing address Fees at Issuance CNA74830XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Stop Gap Liability Schedule of Locations and Coverages Policy Number 6014687412 Location Level Location Number Location Address 10 OPERATIONS IN THE STATE OF NORTH DAKOTA BISMARCK ND 58501 Coverage Hazard Description Exposure Pim Rate Efd Class Code 99999 Stop Gap Liability North Dakota Stop Gap If Any P 0 Location Number Location Address 11 OPERATIONS IN THE STATE OF OHIO COLUMBUS OH 43201 Coverage Hazard Description Exposure P Rate Efnd Class Code C99999 Ohio Amendatory Stop Gap Liability Ohio Stop Gap 1f Any P.008 0 Location Number Location Address 12 OPERATIONS IN THE STATE OF WASHINGTON OLYMPIA WA 98501 Coverage Hazard Description Exposure Rate Efnd Class Code 99999 Stop Gap Liability Washington Stop Gap If Any P 0 Location Number Location Address 13 OPERATIONS IN THE STATE OF WYOMING CHEYENNE WY 82001 Coverage Hazard Description Exposure P Rate Efnd CIVA Addi TE OF NORTH DAKOTA ability North Dakota TE OF OHIO hio Amendatory Stop Gap Liability hio ATE OF WASHINGTON Liability Washington TE OF WYOMING CNA75134XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Stop Gap Liability Schedule of Locations and Coverages Policy Number 6014687412 Location Level Class Code 99999 Stop Gap Liability Wyoming Stop Gap 0 CIVA Addi Liability Wyoming CNA75134XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap 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. The word Insurer refers to the company providing this Insurance as set forth on the Policy Declarations. I. COVERAGE The Insurer will pay those sums up to the applicable limit of insurance that the Insured becomes legally obligated to pay as damages because of bodily injury to an employee of the Named Insured provided that such employee has been reported and declared under a Workers Compensation Law of a state territory or possession designated in the Coverage Part Declarations prior to sustaining bodily injury and such bodily injury A. s sustained by such employee and arises out of and in the course of such employee s employment B. takes place in the coverage territory C. s caused by 1. an accident occurring during the policy period or 2. adisease which is caused by or aggravated by conditions of such employee s employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. Il. DEFENSE A. Duty to Defend The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered suit even if any of the allegations of such suit are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation proceeding the Insurer shall be entitled to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. B. Exhaustion of Limits The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. In such case the Insurer shall have the right to withdraw from the further investigation defense payment or settlement of such claim by tendering control of said investigation defense or settlement of the claim to the Insured. lll. EXCLUSIONS This insurance does not apply to bodily injury A. Age to an employee 1. knowingly employed by the Named Insured in violation of any law as to age or 2. under the age of 14 years regardless of any such law. B. Aircraft arising out of aircraft operation or the performance of any duty in connection with aircraft while in flight. C. Contractual Liability arising out of liability assumed by the insured under any agreement or contract. CNA74934XX 01 15 Page 1 of 7 e S 1 Page 1 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part D. Failure to Comply to an employee when the such employee is deprived of common law defenses or otherwise subject to penalty because of the Named Insured s failure to secure its obligations under or other failure to comply with the Workers Compensation Law Intentionally Caused intentionally caused or aggravated by the Named Insured or resulting from an act which is determined to have been committed by the Named Insured with the belief that bodily injury is substantially certain to occur Wrongful Employment Practices arising out of coercion criticism demotion evaluations reassignment discipline defamation harassment humiliation discrimination against or termination of any employee or personnel practices policies acts or omissions. IV. LIMITS OF INSURANCE A. The Limits of Insurance shown in the Coverage Part Declarations and the rules below fix the most the Insurer will pay regardless of the number of 1. Insureds 2. claims made or 3. persons or organizations making claims or bringing suits. Bodily injury by Accident. The limit shown under bodily injury by Accident Each Accident in the Coverage Part Declarations is the most the Insurer will pay for all damages because of bodily injury to one or more employees in any one accident. Bodily injury by Disease. The limit shown under bodily injury by Disease Aggregate Limit in the Coverage Part Declarations is the most the Insurer will pay all damages because of bodily injury by disease regardless of the number of employees who sustain bodily injury by disease. Bodily injury by disease does not include disease that results directly from bodily injury by accident. Bodily injury by Disease. Subject to Paragraph C. above the limit shown under bodily injury by Disease Each employee in the Coverage Part Declarations is the most the Insurer will pay for all damages because of bodily injury by disease to any one employee Bodily injury by disease does not include disease that results directly from bodily injury by accident. The limits 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 Policy 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. CONDITIONS Assistance and Cooperation If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses. e S 1 CNA74934XX 01 15 Page 2 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouse of any natural person Insured shall also be insured under this coverage part provided however coverage is afforded to such estates heirs legal representatives and spouse only for 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. Notice of Claims and Potential Claims A. The Insured must see to it that the Insurer is notified promptly of any act error or omission committed in the administration of the Named Insured s employee benefit program that may reasonably be expected to be the basis of a claim against the Insured. To the extent possible notice should include 1. how when and where the act error or omission took place 2. the names and addresses of any injured persons or organizations and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. B. If a claim is made against any Insured the Insured must 1. immediately record the specifics of the claim and the date received and 2. notify the Insurer in writing as soon as possible. C. The Insured must 1. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim 2. authorize the Insurer to obtain records and other information. D. no insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without the Insurer s consent. Other Insurance This insurance is in excess over any other valid and collectible insurance. The Insurer has 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 the Insurer will undertake to do so but the Insurer will be entitled to the insured s rights against all those other insurers. If this insurance is excess over other insurance the Insurer will pay only the Insurer share of the amount of the loss if any that exceeds the sum of A. the total amount of 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. Premium Audit A. The Insurer will compute all premiums for this Coverage part in accordance with the Insurer 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 the Insurer will compute the earned premium for that period and send notice to the first Named Insured. CNA74934XX 01 15 Page 3 of 7 e S 1 69892171897 10921000200 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part 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 term is greater than the earned premium the Insurer will return the excess to the first Named Insured. C. The First Named Insured must keep records of the information the Insurer need for premium computation and send the Insurer copies at such times as the Insurer may request. 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 a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer s rights and must do nothing to prejudice such rights. VI. DEFINITIONS Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Bodily injury means physical injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage Part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada and B. international waters or airspace but only if the bodil between any places included in Paragraph A. above. injury occurs in the course of travel or transportation Claim means A. suit or B. a written or oral demand for damages alleging bodily injury to an employee. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction Including those amounts for which an Insured is liable pursuant to A. and B. above 1. that an Insured must pay for care loss of services and death resulting at any time from the bodily injury and 2. for which the Named Insured is liable to a third party by reason of a claim against the Named Insured by that third party to recover the damages claimed against such third party as a result of injury to the Named Insured s employee e S 1 CNA74934XX 01 15 Page 4 of 7 Copyright CNA All Rights Reserved | 2 |
10020001260146874126350 cA CNA PARAMOUNT Stop Gap Liability Coverage Part 3. in connection with consequential bodily injury to a spouse child parent brother or sister of the injured employee provided that such amounts are the direct consequence of bodily injury that arises out of and in the course of the injured employee s employment by the Named Insured 4. that arise out of and in the course of employment where the claim alleging such bodily injury is made against the Named Insured in a capacity other than as employer. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include a. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards or b. any premium assessment penalty fine benefit liability or other obligation imposed by i. The Federal Employer s Liability Act 45 USC Sections 51 60 ii. The Non appropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 iii. The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 iv. The Outer Continental Shelf Lands Act 43 USC Sections 1331 1356 V. The Defense Base Act 42 USC Sections 1651 1654 vi. The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 vii. The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and viii. Any other Workers Compensation unemployment compensation or disability laws or any similar law Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makers an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. C. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 1000.00 per day because of time off from work E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Payment of defense costs will not reduce the limit of insurance. Employee means any employee but does not include a leased worker or a temporary worker. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation. B. management committee member of a joint venture CNA74934XX 01 15 Page 5 of 7 e S 1 05892172897 10921000200 Page 5 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part C. partner of a partnership D. manager of a limited liability company E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means any Named Insured and A. any natural person who was is or becomes 1. the Named Insured s executive officers but only with respect to their acts in the conduct of the Named Insured s business or 2. the Named Insured s stockholders but only with respect to their liability as stockholders. 3. the Named Insured s employees or volunteer workers but only with respect to their acts in the conduct of the Named Insured s business. B. Any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest if there is no other similar insurance available to that organization. However 1. coverage under this provision is afforded only until the 90th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier and 2. coverage does not apply to bodily injury that occurred before the Named Insured acquired or formed the organization. No person or organization is an insured with respect to the conduct or any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. In addition to the above the estates heirs legal representatives or spouses of any of the Named Insured s executive officers or employees qualifying as an Insured are also insured pursuant to the condition entitled Estates Legal Representatives And Spouses. Leased worker means a natural person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and the labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Named Insured means the person or organization shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Spouse means any husband or wife or any person qualifying as a domestic partner under any applicable federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Suit means a civil proceeding in which damages because of bodily 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 the Insurer s consent or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a person who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. CNA74934XX 01 15 Page 6 of 7 e S 1 Page 6 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part Workers Compensation Law means the Workers Compensation Law and any Occupational Disease Law. This does not include provisions of any law providing non occupational disability benefits of each state territory or possession named in the Coverage Part Declarations. e S 1 158921897 10921000200 CNA74934XX 01 15 Page 7 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Duty to Defend Endorsement Wyoming This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE FORM It is understood and agreed that I. Under DEFENSE the first sentence in the paragraph entitled Exhaustion of Limits is deleted and replaced as follows The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages or after the Insurer has deposited the remaining available limits of liability into a court of competent jurisdiction in satisfaction of a judgment or settlement. Il. Under the definition of Defense Cost paragraph B. is deleted. Il The definition of Damages is amended to add the following Prejudgment interest awarded against an Insured on that part of a judgment covered by this Coverage Part. e BNl e ol e 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. nan nan nan nan 25892171897.0 10921.0 2004.0 CNA74920WY 1 15 Page 1of 1 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 16 Effective Date 03032019 RANCE COMPANY | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Endorsement Ohio This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE PART It is understood and agreed that under EXCLUSIONS the paragraph entitied Intentionally Caused is deleted and replaced as follows This insurance does not apply to any actual or alleged bodily injury caused by employer acts committed with the deliberate intent to injure an employee or committed with the belief that injury is substantially certain to occur. However to the fullest extent allowed by Ohio law this exclusion does not apply to bodily injury caused by employer acts that under Ohio law create a rebuttable presumption of intent to injure another. N e e e 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. nan nan nan nan 5692171897.0 10921000200.0 CNA752670H 1 15 Page 1of 1 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 17 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT State Amendatory Endorsement Stop Gap Liability Washington This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE PART It is understood and agreed that the CONDITIONS entitled CONCEALMENT MISREPRESENTATION AND FRAUD is deleted in its entirety and replaced with the following Concealment Misrepresentation and Fraud No intentional concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such intentional concealment misrepresentation or fraud was material. Intentional concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. wVA State Amendatory Endorsement All 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. nan nan nan nan 5892171897.0 10921000200.0 CNA75267WA 1 15 Page 1of 1 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 18 Effective Date 03032019 RANCE COMPANY | 2 |
cA CNA PARAMOUNT Stop Gap Liability Amend Definition of Employee and Executive Officer Endorsement This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE PART It is understood and agreed that under DEFINITIONS the definitions of Employee and Executive Officer are deleted and replaced by the following Employee includes a leased worker but only if such leased worker has been reported and declared by the Named Insured under a Workers Compensation Law of a state territory commonwealth or possession designated in the Coverage Part Declarations prior to sustaining bodily injury. Employee does not include a temporary worker. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation. management committee member of a joint venture partner of a partnership manager of a limited liability company or trustee of a trust. wVA Stop Gap Liability Amend De All 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. 55692171897 10921000200 CNAB83894XX 10 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 19 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Amendment to Policy Declarations Named Insured Endorsement Itis understood and agreed as follows The Policy Declarations is amended as follows A Addition of Named Insureds The following are added as Named Insureds Name and Address of Named Insured KANSAS ASPHALT INC. KANSAS ASPHALT INC. DBA ASSET PAVEMENT K.A.I. PAVEMENT TEXAS 7000 W 206TH ST KS 66013 9610 BUCYRUS B. Deletion of Named Insured The following are deleted as Named Insureds CIVA Amendment to Policy Declaratio All 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. CNA62700XX 09 12 Page lof 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 20 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Broad Named Insured Endorsement This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is understood and agreed as follows I. The WHO IS AN INSURED Section is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph IV. below any organization in which a Named Insured has management control a. on the effective date of this Coverage Part or 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 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. However 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. Il Solely with respect to organizations which qualify as Named Insureds by virtue of this Endorsement 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. Il 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 as any Named Insured should choose to employ. IV. For the purposes of this endorsement a new definition is added as follows 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. V. If the coverage part to which this endorsement applies is part of a package policy that also contains a Commercial General Liability Coverage Part CGL that has been endorsed A. with a Broad Named Insured provision then the CGL s Broad Named Insured provision s terms hereby replace this endorsement s terms including any terms applicable to management control limited liability companies or joint ventures or B. to exclude from coverage an organization that otherwise would qualify as a Named Insured under this Broad Named Insured endorsement then such an organization is also excluded from the coverage provided by this coverage part. CNA75108XX 1 15 Policy No 6014687412 Page 1 of 2 Endorsement No 21 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. ST P I | 2 |
cA CNA PARAMOUNT Broad Named Insured Endorsement ST P I 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. CNA75108XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 21 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
10020001260146874126358 cA CNA PARAMOUNT Bridge Endorsement Kansas This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is understood and agreed as follows The Common Terms and Conditions are amended to delete the sections entitled Bankruptcy and No Suit Against Insurer as the conditions section of the Coverage Part has more specific conditions of its own. The conditions section is amended to delete the condition entitled When We Do Not Renew. Please refer instead to Condition lll. CANCELLATION NONRENEWAL of the Common Terms and Conditions. The DEFINITIONS section is amended to add the following new definitions Claim means A. asuitor B. awritten or oral demand for damages alleging injury to which this insurance applies. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction. Defense costs means those amounts set forth under the SUPPLEMENTARY PAYMENTS section of any applicable coverage part. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means those persons or organizations as set forth in the section entitied Who is an Insured. Named Insured means the persons or organizations named as such in the Declarations and any other person or organization qualifying as a named insured under this policy. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Spouse means any husband or wife. IV. Where the phrase claim or suit appears it is deleted and replaced with the defined term claim. A Any reference to the Insurer in this Policy refers to the company providing this insurance. ot ad e 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. CNAB2646KS 1 15 Policy No 6014687412 Page 1 of 1 Endorsement No 22 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Kansas Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL A CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. If the policy has been in effect for less than ninety 90 days the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer at least a. ten 10 days prior to the effective date of cancellation if the Insurer cancels for nonpayment of premium or b. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other reason. After the policy has been in effect for ninety 90 days or more it may be canceled only for one of the following reasons nonpayment of premium the policy was issued because of a material misrepresentation the Named Insured or Insureds violated any of the material terms and conditions of the policy unfavorable underwriting factors specific to the Named Insured or Insureds exist that were not present at the inception of the policy e. a determination by the commissioner that continuation of coverage could place the Insurer in a hazardous financial condition or in violation of the laws of this state or f. a determination by the commissioner that the Insurer no longer has adequate reinsurance to meet the Insurer s needs. cooe The Insurer will mail or deliver written notice to the Named Insured at the last mailing address known to the Insurer at least i. ten 10 days prior to the effective date of cancellation if the Insurer cancels for nonpayment of premium or ii. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other permissible reason. The notice will state the actual reason for the cancellation. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice is mailed proof of mailing will be sufficient proof of notice. 65892171897 10921000200 Lo ii. sixty 60 days prior to the effective date of cancellation if the Insurer cancels for any other permissible reason. 4. The notice will state the actual reason for the cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If notice is mailed proof of mailing will be sufficient proof of notice. CNAG2814KS 9 12 Policy No 6014687412 Page 10of 2 Endorsement No 23 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA Al Rights Reserved | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Kansas B. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the 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. C. NON RENEWAL 1. The Insurer can non renew the policy by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days before the expiration date. The notice of non renewal will state the actual reason for non renewal. If notice is mailed proof of mailing will be sufficient proof of notice. 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. CNA62814KS 9 12 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 23 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Calculation of Premium Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART It is understood and agreed that the following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy the Insurer will compute the premium in accordance with the Insurer s rates and rules then in effect. S 1k e e TS All 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. 09892172897 10921000200 CNA74726XX 1 15 Page 1of 1 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 24 Effective Date 03032019 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Asbestos Exclusion Endorsement Kansas This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM STOP GAP COVERAGE PART It is understood and agreed that the following exclusion is added This insurance does not apply to A. bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or B. any loss cost or expense that may be awarded or incurred 1. by reason of a claim for any bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. As used herein asbestos means the mineral in any form whether or not the asbestos was at any time i. airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property. carried on clothing iv. inhaled or ingested or V. transmitted by any other means. 10020001260146874126361 All 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. CNA74719KS 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name KANSAS ASPHALT INC. Policy No 6014687412 Endorsement No 25 Effective Date 03032019 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART It is understood and agreed that the policy is amended as follows The insurance does not apply A. under any Liability Coverage to bodily injury or property damage 1. with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability or 2. resulting from the hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b. the Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1. the nuclear material a. is at any nuclear facility owned by or operated by or on behalf of an Insured or b. has been discharged or dispersed therefrom 2. the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or 3. the bodily injury or property damage arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3. applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. CNA74727XX 1 15 Policy No 6014687412 Page 1 of 2 Endorsement No 26 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 wVA Nuclear Energy Liability Exc 29892171897 10921000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material A. containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means A B. D. any nuclear reactor any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. wVA Nuclear Energy Liability Exc 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. CNA74727XX 1 15 Page 2 of 2 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 26 Effective Date 03032019 JRANCE COMPANY | 2 |
CNA CNA PARAMOUNT Exclusion of Certified Acts of Terrorism Endorsement Solely with respect to the following coverage parts General Liability Employee Benefits Liability Stop Gap Liability 10020001260146874126363 It is understood and agreed as follows The Named Insured has been previously notified of the availability of and the price for coverage of certified acts of terrorism under the Terrorism Risk Insurance Act as extended and reauthorized the Act. The Named Insured has opted to exclude such coverage under any coverage part to which this endorsement is applicable. This endorsement excludes such certified acts of terrorism.. The following exclusion is added Terrorism This insurance does not apply to any injury or damage arising directly or indirectly out of a certified act of terrorism. Il. The following new definitions are added to the policy A. 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 or personal and advertising injury as may be defined in any applicable coverage part. B. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Act. The Act set forth the following criteria for a certified act of terrorism 1. The act resulted in aggregate losses in excess of 5 million and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Ill. 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 or policy. 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. CNA74926XX 2 15 Policy No 6014687412 Page 1 of 1 Endorsement No 27 VALLEY FORGE INSURANCE COMPANY Effective Date 03032019 Insured Name KANSAS ASPHALT INC. Copyright CNA All Rights Reserved. | 2 |
151 N. Franklin St. Chicago IL 60606 CNA Policy Number From Policy Period To Coverage Is Provided By Agency 6014687412 030319 030320 Valley Forge Insurance Company 060692310 Named Insured And Address Agent KANSAS ASPHALT INC. LOCKTON COMPANIES LLC 7000 W 206TH ST 444 W. 47TH ST. 900 BUCYRUS KS 66013 9610 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 03032019 04032019 05032019 06032019 07032019 08032019 09032019 10032019 11032019 12032019 TOTAL PREMIUM PREMIUM 20799. 56932 6932. 6932. 56932 6932. 6932. 56932 6932. 6932. 583187. 00 00 00 00 00 00 00 00 00 00 00 ISSUE DATE 031519 | 2 |
59892171897 10921000200 END OF COPY | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 4845817 02 Named Insured and Mailing Address SANEXEN WATER INC 64 BANNER ROAD SUITE 300 BERLIN MA 01503 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 4845817 01 Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385 000 Policy Period Coverage begins 06 01 2021 at 1201 AM. Coverageends 06 01 2022 at1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 27782.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 27782.00 ssued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. mm fmm Corporate Secretary e G pe President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4845817 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201AM. Coverageends 06 01 2022 at1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Business Description SANITARY SERVICES Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 500000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 27782.00 Other Premium 82.00 Total Premi COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 4845817 02 ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201AM. Coverageends 06 01 2022 at1201 AM. ENERAL AGGREGATE LIMIT ENERAL AGGREGATE LIMIT 1000000 RODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 ACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 500000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person ERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization 500000 Any one premises 5000 Any one person 1000000 Any one person or organization UGLD1115B CW 904 | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART CLAIMS MADE DECLARATIONS Policy Number GLO 4845817 02 Named Insured SANEXEN WATER INC Policy Period Coverage begins 06 01 2021 at1201 AM Coverage ends 06 01 2022 at1201 AM Producer Name LOCKTON COMPANIES LLC Producer No. 37385 000 Item 1. Limits of Insurance 1000000 Aggregate Limit 1000000 Each Claim Limit Item 2. Form of Business Individual Parnership Joint Venture X Corporation Other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees 92100 IF ANY INCL Per Employee INCL INCL Flat Charge INCL Total Advance Premium For This Coverage Part INCL Audit Period Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Joint Venture X Corporation Advance Premium Retroactive Date Enter date or None if no Retroactive Date applies This insurance does not apply to damages caused by an act error or omission which occurred before the Retroac tive Date if any shown above. U GL D849 B CW 904 Pagel of 1 | 2 |
Policy Number GLO 4845817 02 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS U GL D849 B CW 09 04 EMPLOYEE BENEFITS LIAB DEC CLAIMS MADE U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GL1114 A CW 10 02 DESIGNATED SUBSTANCES AND RISKS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM U GL849 B CW 08 04 EMPLOYEE BENEFITS LIABILITY CLAIMS MADE U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1326 B 09 08 DEDUCTIBLE 10 07 LEAD LIABILITY EXCLUSION 05 10 NOTIFICATION TO OTHERS OF CANCELLATION 04 13 COVERAGE TERRITORY AMENDMENT 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL 12 96 EXTENDED REPORTING PERIOD AMENDATORY 08 04 AIDS EXCLUSION 09 05 CLAIM SERIES ENDORSEMENT 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT 06 04 SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGES POLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES COMMUNICABLE DISEASE EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT U GU298 B CW CANCELLATION BY US U GU630 E CW DISCLOSURE OF INFO RELATING TO TRIA U GL1171 B CW FUNGI OR BACTERIA EXCLUSION ENDORSEMENT U GU1191 A CW SANCTIONS EXCLUSION ENDORSEMENT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 4845817 02 ULE OF FORMS AND ENDORSEMENTS American Insurance Company Effective Date 06 01 2 1201 A.M. Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D310 A GU319 F GL D1115 B CW GL D849 B CW GU619 A CW GL1114 A CW G 00 01 GL849 B CW GL1063 A CW GL1175 F CW GL1178ACW GL1205 B CW GL1326 B MA GL1342 A CW GL1446 A CW GL1479 B CW GL1517 B CW GL441 B CW GL878 A CW GL908 B CW GL911 B CW GL914 B CW GL923 B CW GL925 B CW G 01 23 G 01 34 G 01 54 G 21 06 G 21 16 G 21 32 G 21 47 G 21 49 G 21 55 G 21 73 G 26 88 L 00 03 L 00 17 L 00 21 GU298 B CW GU630 E CW GL1171 B CW GU1191 A CW COMMON POLICY DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GL COVERAGE PART DECLARATIONS EMPLOYEE BENEFITS LIAB DEC CLAIMS MADE SCHEDULE OF FORMS AND ENDORSEMENTS DESIGNATED SUBSTANCES AND RISKS COMMERCIAL GENERAL LIABILITY COV FORM EMPLOYEE BENEFITS LIABILITY CLAIMS MADE FUNGUS EXCLUSION ENDORSEMENT ADDL INSD AUTO OWNERS LESSEES CONTRACTR ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION DEDUCTIBLE LEAD LIABILITY EXCLUSION NOTIFICATION TO OTHERS OF CANCELLATION COVERAGE TERRITORY AMENDMENT RECORD OR DISTRB OF MATRL OR INFO EXCL ATRCRAFT PROD. GROUNDING TESTING EXCL EXTENDED REPORTING PERIOD AMENDATORY AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES COMMUNICABLE DISEASE EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT CANCELLATION BY US DISCLOSURE OF INFO RELATING TO TRIA FUNGI OR BACTERIA EXCLUSION ENDORSEMENT SANCTIONS EXCLUSION ENDORSEMENT | 2 |
Policy Number GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 DESIGNATED SUBSTANCES AND RISKS IT IS AGREED THAT SUCH INSURANCE AS IS AFFORDED BY THIS POLICY DOES NOT APPLY TO AND WE HAVE NO DUTY WITH RESPECT TO ANY LOSS CLAIM OR SUIT FOR DAMAGES BECAUSE OF BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF OR RELATED IN ANY WAY TO CHLOROHYDROCARBONS CHCS CHLOROFLUOROCARBONS CFCS DIACETYL TRANSFER OF PATHOGENS E.G. PRIONS IN THE AREA OF TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES TSE SUCH AS BOVINE SPONGIFORM ENCEPHALOPATHY BSE OR VARIANT CREUTZFELD JAKOB DISEASE VCJD SILICON BASED OR OTHER IMPLANTS TO THE HUMAN BODY TOBACCO AND TOBACCO PRODUCTS UREA FORMALDEHYDE PCB POLYCHLORINATED BIPHENYL GENETICALLY MODIFIED ORGANISMS GMOS INCLUDING BUT NOT LIMITED TO MANUFACTURERS OF GMOS COMPANIES REQUIRED BY LAW TO REGISTER OR OBTAIN AUTHORIZATION FOR THEIR HANDLING OF GMOS ANIMAL FEED MANUFACTURERS SEED GROWERS OPERATORS OF MILLS MANUFACTURING AND OR SELLING FIREARMS LATEX DIETHYLSTILBESTROL DES OXYCHINOLINES SMON DRUGS AFFECTING PREGNANCY CONTRACEPTIVES ABORTIFACIENTS RU486 ETC HUMAN BIOLOGICAL MATERIAL E.G. BLOOD PLASMA PLASMA PROTEINS IMMUNOGLOBINS CELLS TISSUE ORGANS URINE OR EXCRETIONS ETC. VACCINES AND INOCULATIONS FENFLURAMINE DEXFENFLURAMINE AND PHENTERMINE ALONE OR IN COMBINATION WITH OTHER ACTIVE SUBSTANCES WHICH INDUCE AN INCREASE IN SEROTONIN LEVELS THIMEROSAL MERTHIOLAT NATRIUMTIMERFONAT MERCURY SODIUM METHYL THIOSALICILATE FLUOXETINE PHENYLPROPANOLAMIN PPA METHYLPHENIDAT TROGLITAZONE STATINE AND FIBRATES OXYCODONE OXYCONTIN DIETARY SUPPLEMENTS OR PRODUCTS FOR PHYSICAL PERFORMANCE ENHANCEMENT CONTAINING EPHEDRA RESPECTIVELY EPHEDRINE PSEUDOEPHEDRINE AMIODARONE ASKAREL BROMOCRIPTINE BUTORPHANOL CISAPRIDE DIOXINS AND FURANS ISOTRETINOIN DPAROXETINE U GL1114 A CW 1002 L e GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY SANEXEN WATER INC ANCE AS IS AFFORDED BY THIS POLICY DOES DUTY WITH RESPECT TO ANY LOSS CLAIM OR F BODILY INJURY OR PROPERTY DAMAGE ANY WAY TO PRIONS IN THE AREA OF TRANSMISSIBLE TSE SUCH AS BOVINE SPONGIFORM RIANT CREUTZFELD JAKOB DISEASE VCJD LANTS TO THE HUMAN BODY TS LAW TO REGISTER OR OBTAIN AUTHORIZATION FOR JRERS SELLING FIREARMS ES NANCY CONTRACEPTIVES ABORTIFACIENTS RU486 RIAL E.G. BLOOD PLASMA PLASMA PROTEINS ISSUE ORGANS URINE OR EXCRETIONS ETC. TONS LURAMINE AND PHENTERMINE ALONE OR IN ACTIVE SUBSTANCES WHICH INDUCE AN INCREASE IN T NATRIUMTIMERFONAT MERCURY SODIUM PA RANS | 2 |
Policy Number GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured SANEXEN WATER INC Effective Date 06 01 21 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385 000 DESIGNATED SUBSTANCES AND RISKS PIPER METHYSTICUM PYRALENE TERFENADINE THALIDOMIDE COX2 INHIBITORS HORMONE REPLACEMENT THERAPY DRUGS OR PRODUCTS DEVELOPMENT MANUFACTURING SALE AND OR DISTRIBUTION OF PHARMACEUTICAL PRODUCTS ACTIVE INGREDIENTS ADDITIVES FILLERS OR MEDICAL IMPLANTS CLINICAL TRIALS ANY PRODUCT THAT IS UNDERGOING OR SUBJECT TO CLINICAL TRIALS S.A.R.S. CHROME COPPER ARSENATE COUNTERSIGNED. AUTHORIZED REPRESENTATIVE U GL1114 A CW 1002 L e GLO 4845817 02 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY SANEXEN WATER INC PIPER METHYSTICUM PYRALENE TERFENADINE THALIDOMIDE COX2 INHIBITORS HORMONE REPLACEMENT THERAPY DRUGS OR PRODUCTS DEVELOPMENT MANUFACTURING SALE AND OR DISTRIBUTION OF HARMACEUTICAL PRODUCTS ACTIVE INGREDIENTS ADDITIVES FILLERS OR EDICAL IMPLANTS CLINICAL TRIALS ANY PRODUCT THAT IS UNDERGOING OR SUBJECT TO LINICAL TRIALS S.A.R.S. CHROME COPPER ARSENATE UTHORLIZED REPRESENTATIVR | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The pbodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and lization qualifying as a Named y. The words we us and providing this insurance. s any person or organization r Section I Who Is An es that appear in quotation ning. Refer to Section V s INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1aaes. However. we will have 2 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 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. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. 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 falling to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location i 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location c which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitori cleaning up removing contai 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.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 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 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 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 Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 lmpaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or usion does not apply to ded in the products ard. ur product arising out ir work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il 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 explicity provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting 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. 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. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement b. 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 b. 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.. 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 operations hazard. products completed. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. Prejudgment 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.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 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. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and 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. b c d 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. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as 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 wil pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Jy or control trol is being Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis 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 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. G Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows b. 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 is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 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 Secton 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. i i c. 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. 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 b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we 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.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree 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.. Hostile fire However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. 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. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured show in 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. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following ty pes 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. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. inance to sonnection Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants 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. the 16. Products completed operations hazard. 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 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. in your physical 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. 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. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including VLY s out of 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. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 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 18. 19. 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 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 warnings or instructions. failure to provide failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Employee Benefits Liability Claims Made Coverage Form This Coverage Form provides claims made coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. Insuring Agreement A. We will pay those sums that the insured becomes B. legally obligated to pay as damages because of an act error or omission in the administration of the insured s employee benefit programs. 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 secking damages for any act error or omission for which this insurance does not apply. We may at our discretion investigate any claim and settle any suit that may result but is limited as of Insurance 1 The amount we pay for damages described in Section II. Limit of this Coverage Part 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 un der this Employee Benefit Liability coverage. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. 1 This insurance applies to an act error or omis sion only if a sing out of the act error or made against any insured during the policy period b. The act error or omission takes place in the coverage territory e The insured had no knowledge of and could not have reasonably foreseen any circumstances which might result in a claim or suit and d. The act error or omission did not occur before the Retroactive Date if any shown in the Declarations or after the end of the policy period. 2 A claim will be deemed to have been made when notice of such claim is received and re corded by any insured or by us whichever comes fi All claims for damages to the same person or organization will be deemed to have been made at the time the first of those claims is made against any insured. Exclusions This insurance does not apply to A. Bodily injury property damage or personal and advertising injury B. Any claim or suit arising out of any dishon est fraudulent criminal or malicious act C. Any claim or suit arising out of discrimina tion or humiliation D. Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract E. Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security disabil ity benefits law or similar laws F. Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds G. Anyclaim or suit arising out of 1 Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs 2 The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant U GL849 B CW 804 Pagel of 4 | 2 |
3 Any investment activity including the man agement administration or disposition of assets of your employee benefit pro grams or 4 Failure of any investment to perform as represented by any insured. H. Any claim or suit arising out of an insured s liability as a fiduciary under a. The Employee Retirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investi gate or settle or A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our insur ance. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to us in the investi gation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. D. Prejudgment interest awarded against the in sured 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 in terest based on that period of time after the of fer. IL. Limits of Insurance A. B. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing s The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. C. Subject to the Aggregate Limit provisions in B. above the Each Claim Limit is the most we will pay for all damages sustained by any one em ployee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your em ployee benefit programs.. The limits of this Coverage Part apply separately to each consecutive annual period and fo any remain ing period of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. ML Conditions A. Bankruptcy Bankruptey or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you mus that we are notified as soon as practicable of any act error or omi n which may result in aclaim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employec and witnes Notice of an act error or omission is not notice of a claim. 2 If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b Notify us as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information U GL849 B CW 804 Page2of 4 | 2 |
e Cooperate with us in the investigation set tlement or defense of the claim or suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury to which this in surance may also apply. 4 No insureds will except at their own cost vol untarily make a payment assume any obliga tion or incur any expense without our consent. Legal Action Against Us No person or organization has a right 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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 obtained after an actual trial 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 this Cov erage Part our obligations are limited as follows 1 Primary Insurance surance is primary except when 2. below If this insurance is primary our obli s are not affected unless any of the other rance is also primary. Then we will share with all that other insurance by the method de scribed in 3. below. 2 Excess Insurance This insurance is excess over any other insur ance whether primary excess contingent or on any other basis that is effective prior to the be ginning of the policy period shown in the Dec larations of this insurance and applies to an act on on other than a claims made No Retroactive Date is shown in the Dec larations of this insurance or b. The other insurance has a policy period which continues after the Retroactive Date if any shown in the Declarations of this insurance. When this insurance is excess we will have no duty to defend any claim or suit that any other insurer has a duty to defend. 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. When this insurance is excess over other insur ance we will pay only our share of the amount of the loss if any that exceeds the sum of i. The total amount that all such other insur ance would pay for the loss in the absence of this insurance and ii. The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3 Method of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each insurer con tributes equal amounts until it has paid its ap plicable limit of insurance or none of the I 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. E. 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 in surance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to cach 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 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. IV. Definitions U GL849 B CW 804 Page3 of 4 | 2 |
G. H. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and 2 Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. Administration mea 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs 2 Handling recor benefit programs s in connection with employee or 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time. Claim means The receipt by you of a demand for money or ser vices which alleges an act error or omission in the administration of your employee benefit pro grams. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay ddmdge determined in a suit s in the territory described in E. 1 above or in a settlement to which we agree. Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compens tion unemployment insurance salary continuation plans social security disability benefits insurance savings plans vacation plans or any other similar plans or programs. Insured You and any of your partners executive officers di rectors members stockholders or employees provided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offens 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our consent. U GL849 B CW 804 Pagedof 4 | 2 |
Fungus Exclusion Endorsement Policy No. Ef. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by 1. Any fungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Page1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured SANEXEN WATER INC Address including ZIP Code 64 BANNER ROAD SUITE 300 BERLIN MA 01503 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. 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 written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies 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 architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. 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 the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement 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 written contract or written agreement referenced in Paragraph A. of this endorsement 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. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. C. Any other loss cost or expense ari Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or g out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Welding Health Hazard Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. ighted material of Insurance Servi Office Inc. withits permission. U GL1205 B CW 108 Page I of 1 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Z ZURICH Deductible Policy No. Eff. Date of Pol. Eff. Date of End. GLO484581702 06 01 2021 This endorsement modifies insurance provided under the ZU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Coverage Bodily Injury and Property Damage Liability Applies solely with respect to any occurrence arising directly or indirectly out of the New York Labor Law. All persons or organizations 1000000 Each Occurrence Bodily Injury Liability Only Applies solely with respect to any occurrence other than New York Labor Law claims All persons or organizations 25000 Each Occurrence Bodily Injury Liability Only All persons or organizations Each Occurrence Property Damage Liability Only All persons or organizations Each Occurrence Coverage Bodily Injury and Property Damage Liability Each Claim Bodily Injury Liability Only Each Claim Property Damage Liability Only Each Claim Coverage Personal and Advertising Injury Liability By offense Any one person or organization Each Claim Coverage Medical Payments Any One Person Additional Employee Benefits Liability Each Act Error or Coverage 5000 Omission Additional Liquor Liability Coverage Each Common Cause Aggregate Deductible Amount Adjustable at a rate of per of Flat Initial Exposure Minimum Aggregate Deductible Amount U GL1326 B MA 0908 Page 10f 5 INTERNAL USE ONLY | 2 |
ALLOCATED LOSS ADJUSTMENT EXPENSE SELECTION SCHEDULE Select One Option 1 X As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will contribute toward your Deductible Amount and your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 2 As respects each Deductible Amount you will reimburse us for allocated loss adjustment expense as follows a If the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount is equal to or less than the Deductible Amounts or if there is no amount payable other than allocated loss adjustment expense then you will reimburse us for all allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule or b If the total amount payable for other than allocated loss adjustment expense exceeds the Deductible Amount you will reimburse us a pro rata share of total allocated loss adjustment expense based on the ratio of the Deductible Amount divided by the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 3 As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. If no option is selected Option 3 will apply. A. How the Deductible Amount Applies You will reimburse us for the Deductible Amounts shown in the Deductible Schedule and for allocated loss adjustment expenses incurred based on the Allocated Loss Adjustment Expense Selection Schedule. The Deductible Amounts applies as follows 1. INTERNAL USE ONLY If an Each Occurrence Deductible is shown the Deductible Amount applies to all sums payable because of any one Occurrence regardless of the number of persons or organizations who sustain damages because of that Occurrence. If an Each Claim Deductible is shown the Deductible Amount applies to all sums payable for each claim sustained by any one person or organization. a. For Other than Coverage B to all sums payable for each claim sustained by any one person or organization and b. For Coverage B to all damages sustained by any one person or organization as the result of an offense. Medical Payments If an Any One Person limit is shown the Deductible Amount applies to all sums payable to any one person as a result of an accident sustained by that person. Employee Benefits Liability If an Each Act Error or Omission Deductible is shown the Deductible Amount applies to all sums payable for all damages sustained by any one Employee including the Employee s U GL1326 B MA 0908 Page 20f 5 INTERNAL USE ONLY | 2 |
dependents and beneficiaries because of acts errors or omissions committed in the administration of employee benefit programs. Liquor Liability If a Common Cause Deductible is shown the Deductible Amount applies to all sums payable for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. B. Deductible Provisions 1. If more than one Deductible Amount applies to sums payable arising from the same incident because more than one Coverage applies you will be responsible for each and every applicable Deductible Amount. Deductible Amounts 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. Your obligation to pay the Deductible Amounts shown on this policy is not fulfilled by a. The payment of a Deductible Amount under any other policy or b. Any payment made by us or another insurance company even if 3.a. or 3.b. above applies to the same incident as the Deductible Amount due under this policy. If more than one policy issued by us applies to sums payable because of a single continuous incident the Deductible Amounts applies separately to each policy that we issue to which this endorsement or a similar Deductible Endorsement applies. Deductible Amounts also apply separately to each annual period and any remaining period of less than 12 months as described in B.2. above. If a Coverage Part or Additional Coverage of this policy specifically applies a separate deductibles a. the separate additional deductible amount applies to any loss separately and before the Deductible Amounts shown on the Schedule of this endorsement and b. the Deductible Amounts shown on the Schedule of this endorsement applies only if the loss exceeds the separate additional deductible amount described in 5.a. above subject to the other terms and conditions of this endorsement. C. Aggregate Deductible Amount 1. The Aggregate Deductible Amount shown in the Deductible Schedule is the most you must reimburse us for the sum of a. all applicable Deductible Amounts as shown in the Deductible Schedule and b. all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above. This single Aggregate Deductible Amount applies to the entire policy period and to any remaining extension pe riod. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as adjustable the final Aggregate Deductible Amount will be determined at the end of the policy period by an audit of your records and will be based upon the Rate shown in the Deductible Schedule multiplied by the final audited Exposure. The amount shown in the Deductible Schedule as the Aggregate Deductible Amount is an estimated amount and is based on an estimate of what the audit of your records will develop. U GL1326 B MA 0908 Page 30f 5 INTERNAL USE ONLY | 2 |
In no event will the final audited Aggregate Deductible Amount be less than the Aggregate Deductible Amount shown in the Deductible Schedule unless a Minimum Aggregate Deductible Amount is shown in the Deductible Schedule. If a Minimum Aggregate Deductible Amount is shown the final audited Aggregate Deductible Amount will not be less than the Minimum Aggregate Deductible Amount. 3. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as Flat the Aggregate Deductible Amount will not be adjusted. In no event will the Flat Aggregate Deductible Amount be less than or more than the Aggregate Deductible Amount shown in the Deductible Schedule. 4. If no Aggregate Deductible Amount is stated in the Deductible Schedule then your obligation to reimburse us for the sum of all applicable Deductible Amounts as shown in the Deductible Schedule and all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above is unlimited. D. Allocated Loss Adjustment Expense Reimbursement In accordance with the Allocated Loss Adjustment Expense Selection Schedule 1. If Option 1 is selected allocated loss adjustment expense reimbursements made by you contribute to your Deductible Amount and Aggregate Deductible Amount. 2. If Option 2 or Option 3 is selected then you will reimburse us for all or pro rata allocated loss adjustment expense as may apply in accordance with the Allocated Loss Adjustment Expense Selection Schedule above even if the Deductible Amount or the Aggregate Deductible Amount if applicable is exceeded. E. Application of the Deductible Amount to Payable Amounts 1. You will reimburse us for allocated loss adjustment expense according to the option selected in the Allocated Loss Adjustment Expense Selection Schedule. 2. Upon settlement or final adjudication of a claim we will apply the Deductible Amount against payable amounts as follows a. Sums other than those attributable to allocated loss adjustment expense then b. Allocated loss adjustment expense already reimbursed by you then c. Allocated loss adjustment expense yet to be reimbursed by you if applicable. F. Effect of Deductible Amount on Limits of Insurance The applicable limits of insurance for the coverage part to which a Deductible Amount applies will be reduced only by that portion of the Deductible Amount that is not attributable to allocated loss adjustment expenses. G. Conditions 1. Voluntary Payments If you voluntarily make any payment assume any obligation or incur any expense without our consent then you do so at your own cost. Any such voluntary payment assumed obligation or incurred expense does not contribute towards any applicable Deductible Amounts or Aggregate Deductible Amount under this policy. 2. Application of Recovered Amounts We have your rights and the rights of persons entitled to the benefits of this insurance to recover sums that are reimbursable under this endorsement and any Deductible Amount from anyone liable for the injury or damages. You will do everything necessary to protect those rights for us and to help us enforce them. U GL1326 B MA 0908 NTERNAL USE ONLY Page 4 of 5 INTERNAL USE ONLY | 2 |
If we recover any payment made under this policy from anyone liable for injury or damages the recovered amount will first be applied to any payments made by us in excess of the Deductible Amount. The remainder of the recovery if any will then be applied to reduce the Deductible Amount reimbursed or reimbursable by you as respects that injury or damages. Payment of Amounts Owed Under This Endorsement a. We may pay any part or all of any Deductible Amounts or allocated loss adjustment expense to effect settlement of any claim and upon notification of the action taken you will reimburse us for such part of any Deductible Amounts or allocated loss adjustment expense as shown on the billing from us. You must pay us for all amounts for which you are responsible under this endorsement and reimburse us for any such amounts that we pay by the due date shown on the billing from us. b. If you fail to reimburse us for any amounts as required by this endorsement or policy we may cancel this policy for nonpayment in accordance with the applicable law. Cancellation of this policy does not relieve you from any deductible obligations reimbursable by you. c. The first Named Insured shown in the Declarations is authorized to and will reimburse us for all amounts paid by us on behalf of all insureds. d. Each Named Insured is jointly and severally liable for all reimbursements due to us under this endorsement whether or not that Named Insured is involved in the claim proceeding or suit causing any such amount to be due to us. H. Definitions 1. Allocated loss adjustment expense is an expense directly allocable to a specific claim including but not limited to all supplementary payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for or incurred in connection with all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution proceedings interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation claims and proceedings and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. 2. Incident for purposes of this endorsement only means an occurrence offense claim accident act error or omission common cause disease or any other event as defined or used in our policy to which a Deductible Amounts applies. Other Terms 1. The terms of this insurance apply irrespective of the application of any Deductible Amounts including those with respect to a. Our right and duty to investigate or defend the insured against any suits seeking those damages and b. Your duties in the event of a claim or circumstances likely to result in a claim. 2. You understand that your duties under this endorsement may continue after this policy expires or is cancelled. U GL1326 B MA 0908 Page 5 0f 5 INTERNAL USE ONLY | 2 |
Z ZURICH Notification to Others of Cancellation Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL Liquor Liability Coverage Part THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part A. If we cancel this Coverage Parts by written notice to the first Named Insured for any reason other than nonpayment of premium we will mail or deliver a copy of such written notice of cancellation 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. Atleast 10 days prior to the effective date of the cancellation as advised in our notice to the first Named Insured or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Parts by written notice to the first Named Insured for nonpayment of premium we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Persons Organizations Drsllzizg CRESCO EQUIPMENT RENTALS 318 STEALTH COURT LIVERMORE CA 94551 30 All other terms and conditions of this policy remain unchanged. 18 STEALTH COURT VERMORE CA 94551 nan nan nan nan 30.0 nan nan nan nan 30.0 U GL1446 A CW 0510 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Coverage Territory Amendment Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Canada The coverage territory definition in the Definitions Section is replaced by the following Coverage territory means a. The United States of America including its territories and possessions and Puerto Rico b. Canada but only if indicated with an X in the Schedule of this endorsement or c. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places as indicated in Paragraphs a. or b. above provided the insured s responsibility to pay damages is determined 1 In asuit on the merits in the territory as indicated in Paragraphs a. or b. above or 2 In a settlement we agree to. All other terms and conditions of this policy remain unchanged. U GL1479 B CW 04 13 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon 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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon 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 Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 4845817 02 06012021 06012022 37385000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Address including Zip Code This endorsement modif insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connection with or used as spare parts in aircraft missiles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above. Grounding means 1 the withdrawal of any aircraft products from flight operations or the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or operated by the same or different persons firms or corporations. A grounding begins 1 on the date that any accident or occurrence results in disclosure of a known or suspected defect fault or condition or 2 on the date the aircraft products are first withdrawn from service due to a known or suspected defect fault or condition whichever first occurs. Testing means examination observation evaluation or me ring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or ds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft yacecraft including but not limited to the ms or products installed in used in on with or used as spare parts in missiles or spacecraft or upport and control equipment or andling tools and equipment aids instructions manuals blueprints Jata or engineering advice relating to the adin 1 and 2 ahove ar 1. 1n 2. th ol th ol wheth operat corpor A gr 2 Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1 | 2 |
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