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PI GLD HS 1011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY DELUXE ENDORSEMENT HUMAN SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE Itis understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies the terms conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages consult the policy contract wording. Coverage Applicable Limit of Insurance Page Extended Property Damage Included 2 Limited Rental Lease Agreement Contractual Liability 50000 limit 2 Non Owned Watercraft Less than 58 feet 2 Damage to Property You Own Rent or Occupy 30000 limit 2 Damage to Premises Rented to You 1000000 3 HIPAA Clarification 4 Medical Payments 20000 5 Medical Payments Extended Reporting Period 3 years 5 Athletic Activities Amended 5 Supplementary Payments Bail Bonds 5000 5 Supplementary Payment Loss of Earnings 1000 per day 5 Employee Indemnification Defense Coverage 25000 5 Key and Lock Replacement Janitorial Services Client Coverage 10000 limit 6 Additional Insured Newly Acquired Time Period Amended 6 Additional Insured Medical Directors and Administrators Included 7 Additional Insured Managers and Supervisors with Fellow Included 7 Employee Coverage Additional Insured Broadened Named Insured Included 7 Additional Insured Funding Source Included 7 Additional Insured Home Care Providers Included 7 Additional Insured Managers Landlords or Lessors of Premises Included 7 Additional Insured Lessor of Leased Equipment Included 7 Additional Insured Grantor of Permits Included 8 Additional Insured Vendor Included 8 Additional Insured Franchisor Included 9 Additional Insured When Required by Contract Included 9 Additional Insured Owners Lessees or Contractors Included 9 Additional Insured State or Political Subdivisions Included 10 Page 1 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 Duties in the Event of Occurrence Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10 Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11 Bodily Injury includes Mental Anguish Included 11 Personal and Advertising Injury includes Abuse of Process Included 11 Discrimination A. Extended Property Damage SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Subsection 2. Exclusions Paragraph a. is deleted in its entirety and replaced by the following a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. B. Limited Rental Lease Agreement Contractual Liability SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Subsection 2. Exclusions Paragraph b. Contractual Liability is amended to include the following 3 Based on the named insured s request at the time of claim we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client up to 50000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter s liability insurance of the client. C. Non Owned Watercraft SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Subsection 2. Exclusions Paragraph g. 2 is deleted in its entirety and replaced by the following 2 A watercraft you do not own that is a Less than 58 feet long and b Not being used to carry persons or property for a charge This provision applies to any person who with your consent either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary excess or contingent. D. Damage to Property You Own Rent or Occupy SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Page 2 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 LIABILITY Subsection 2. Exclusions Paragraph j. Damage to Property Item 1 is deleted in its entirety and replaced with the following 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 unless the damage to property is caused by your client up to a 30000 limit. A client is defined as a person under your direct care and supervision. E. Damage to Premises Rented to You 1. 3. If damage by fire to premises rented to you is not otherwise excluded from this Coverage Part the word fire is changed to fire lightning explosion smoke or leakage from automatic fire protective systems where it appears in The last paragraph of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Subsection 2. Exclusions is deleted in its entirety and replaced by the following Exclusions c. through n. do not apply to damage by fire lightning explosion smoke or leakage from automatic fire protective systems 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. SECTION Il LIMITS OF INSURANCE Paragraph 6. is deleted in its entirety and replaced by the following 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 lightning explosion smoke or leakage from automatic fire protective systems while rented to you or temporarily occupied by you with permission of the owner. SECTION V DEFINITIONS Paragraph 9.a. is deleted in its entirety and replaced by the following 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 lightning explosion smoke or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Subsection 4. Other Insurance Paragraph b. Excess Insurance 1 a ii is deleted in its entirety and replaced by the following That is insurance for fire lightning explosion smoke or leakage from automatic fire protective systems for premises rented to you or temporarily occupied by you with permission of the owner The Damage To Premises Rented To You Limit section of the Declarations is amended to the greater of Page 3 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 a. 1000000 or b. The amount shown in the Declarations as the Damage to Premises Rented to You Limit. This is the most we will pay for all damage proximately caused by the same event whether such damage results from fire lightning explosion smoke or leaks from automatic fire protective systems or any combination thereof. F. HIPAA SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows 1. Paragraph 1. Insuring Agreement is amended to include the following We will pay those sums that the insured becomes legally obligated to pay as damages because of a violations of the Health Insurance Portability and Accountability Act HIPAA. We have the right and the duty to defend the insured against any suit investigation or civil proceeding seeking these damages. However we will have no duty to defend the insured against any suit seeking damages investigation or civil proceeding to which this insurance does not apply. 2. Paragraph 2. Exclusions is amended to include the following additional exclusions This insurance does not apply to a. Intentional Willful or Deliberate Violations Any willful intentional or deliberate violations by any insured. b. Criminal Acts Any violation which results in any criminal penalties under the HIPAA. c. Other Remedies Any remedy other than monetary damages for penalties assessed. d. Compliance Reviews or Audits Any compliance reviews by the Department of Health and Human Services. 3. SECTION V DEFINITIONS is amended to include the following additional definitions a. Civil proceeding means an action by the Department of Health and Human Services HHS arising out of violations. b. Investigation means an examination of an actual or alleged violations by HHS. However investigation does not include a Compliance Review. c. Violation means the actual or alleged failure to comply with the regulations included in the HIPAA. Page 4 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 G. Medical Payments Limit Increased to 20000 Extended Reporting Period If COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part 1. The Medical Expense Limit is changed subject to all of the terms of SECTION Ill LIMITS OF INSURANCE to the greater of a. 20000 or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. 2. SECTION COVERAGE COVERAGE C MEDICAL PAYMENTS Subsection 1. Insuring Agreement a. 3 b is deleted in its entirety and replaced by the following b The expenses are incurred and reported to us within three years of the date of the accident. H. Athletic Activities SECTION COVERAGES COVERAGE C MEDICAL PAYMENTS Subsection 2. Exclusions Paragraph e. Athletic Activities is deleted in its entirety and replaced with the following e. Athletic Activities To a person injured while taking part in athletics. I. Supplementary Payments SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGE A AND B are amended as follows 1. b. is deleted in its entirety and replaced by the following 1. b. Up to 5000 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. 1.d. is deleted in its entirety and replaced by the following 1. d. Allreasonable 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 1000 a day because of time off from work. J. Employee Indemnification Defense Coverage SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B the following is added We will pay on your behalf defense costs incurred by an employee in a criminal proceeding occurring in the course of employment. The most we will pay for any employee who is alleged to be directly involved in a criminal proceeding is 25000 regardless of the numbers of employees claims or suits brought or persons or organizations making claims or bringing suits. Page 5 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 K. Key and Lock Replacement Janitorial Services Client Coverage SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to include the following We will pay for the cost to replace keys and locks at the clients premises due to theft or other loss to keys entrusted to you by your client up to a 10000 limit per occurrence and 10000 policy aggregate. We will not pay for loss or damage resulting from theft or any other dishonest or criminal act that you or any of your partners members officers employees managers directors trustees authorized representatives or any one to whom you entrust the keys of a client for any purpose commit whether acting alone or in collusion with other persons. The following when used on this coverage are defined as follows a. Client means an individual company or organization with whom you have a written contract or work order for your services for a described premises and have billed for your services. b. Employee means 1 Any natural person a While in your service or for 30 days after termination of service b Who you compensate directly by salary wages or commissions and c Who you have the right to direct and control while performing services for you or 2 Any natural person who is furnished temporarily to you a To substitute for a permanent employee as defined in Paragraph 1 above who is on leave or b To meet seasonal or short term workload conditions while that person is subject to your direction and control and performing services for you. 3 Employee does not mean a Any agent broker person leased to you by a labor leasing firm factor commission merchant consignee independent contractor or representative of the same general character or b Any manager director or trustee except while performing acts coming within the scope of the usual duties of an employee. c. Manager means a person serving in a directorial capacity for a limited liability company. L. Additional Insureds SECTION Il WHO IS AN INSURED is amended as follows 1. If coverage for newly acquired or formed organizations is not otherwise excluded from this Page 6 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 Coverage Part Paragraph 3.a. is deleted in its entirely and replaced by the following a. Coverage under this provision is afforded until the end of the policy period. Each of the following is also an insured Medical Directors and Administrators Your medical directors and administrators but only while acting within the scope of and during the course of their duties as such. Such duties do not include the furnishing or failure to furnish professional services of any physician or psychiatrist in the treatment of a patient. o. Managers and Supervisors Your managers and supervisors are also insureds but only with respect to their duties as your managers and supervisors. Managers and supervisors who are your employees are also insureds for bodily injury to a co employee while in the course of his or her employment by you or performing duties related to the conduct of your business. This provision does not change Item 2.a.1a as it applies to managers of a limited liability company. g Broadened Named Insured Any organization and subsidiary thereof which you control and actively manage on the effective date of this Coverage Part. However coverage does not apply to any organization or subsidiary not named in the Declarations as Named Insured if they are also insured under another similar policy but for its termination or the exhaustion of its limits of insurance.. Funding Source Any person or organization with respect to their liability arising out of 1 Their financial control of you or 2 Premises they own maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. e. Home Care Providers At the first Named Insured s option any person or organization under your direct supervision and control while providing for you private home respite or foster home care for the developmentally disabled. Managers Landlords or Lessors of Premises Any person or organization with respect to their liability arising out of the ownership maintenance or use of that part of the premises leased or rented to you subject to the following additional exclusions This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises or 2 Structural alterations new construction or demolition operations performed by or on behalf of that person or organization.. Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization is to be added as an additional insured on your policy. Such person or Page 7 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 organization is an insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such person or organization. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. Grantors of Permits Any state or political subdivision granting you a permit in connection with your premises subject to the following additional provision 1 This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with the premises you own rent or control and to which this insurance applies a The existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures b The construction erection or removal of elevators or c The ownership maintenance or use of any elevators covered by this insurance. Vendors Only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business subject to the following additional exclusions 1 The insurance afforded the vendor does not apply to a Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Page 8 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 g Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or h Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in Sub paragraphs d or f or ii Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing. Franchisor Any person or organization with respect to their liability as the grantor of a franchise to you. As Required by Contract Any person or organization where required by a written contract executed prior to the occurrence of a loss. Such person or organization is an additional insured for bodily injury property damage or personal and advertising injury but only for liability arising out of the negligence of the named insured. The limits of insurance applicable to these additional insureds are the lesser of the policy limits or those limits specified in a contract or agreement. These limits are included within and not in addition to the limits of insurance shown in the Declarations Owners Lessees or Contractors Any person or organization but 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 for the additional insured when required by a contract. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after a All work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Page 9 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 m. State or Political Subdivisions Any state or political subdivision as required subject to the following provisions 1 This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit and is required by contract. 2 This insurance does not apply to a Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or municipality or b Bodily injury or property damage included within the products completed operations hazard. M. Duties in the Event of Occurrence Claim or Suit SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Paragraph 2. is amended as follows a. is amended to include This condition applies only when the occurrence or offense is known to 1 You if you are an individual 2 A partner if you are a partnership or 3 An executive officer or insurance manager if you are a corporation. b. is amended to include This condition will not be considered breached unless the breach occurs after such claim or suit is known to 1 You if you are an individual 2 A partner if you are a partnership or 3 An executive officer or insurance manager if you are a corporation. N. Unintentional Failure To Disclose Hazards SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations is amended to include the following It is agreed that based on our reliance on your representations as to existing hazards if you should unintentionally fail to disclose all such hazards prior to the beginning of the policy period of this Coverage Part we shall not deny coverage under this Coverage Part because of such failure. 0. Transfer of Rights of Recovery Against Others To Us SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer of Rights of Page 10 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 Recovery Against Others To Us is deleted in its entirety and replaced by the following 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. Therefore the insured can waive the insurer s rights of recovery prior to the occurrence of a loss provided the waiver is made in a written contract. Liberalization SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to include the following If we revise this endorsement to provide more coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state.. Bodily Injury Mental Anguish SECTION V DEFINITIONS Paragraph 3. Is deleted in its entirety and replaced by the following Bodily injury means a. Bodily injury sickness or disease sustained by a person and includes mental anguish resulting from any of these and b. Except for mental anguish includes death resulting from the foregoing Item a. above at any time.. Personal and Advertising Injury Abuse of Process Discrimination If COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY COVERAGE is not otherwise excluded from this Coverage Part the definition of personal and advertising injury is amended as follows 1. SECTION V DEFINITIONS Paragraph 14.b. is deleted in its entirety and replaced by the following b. Malicious prosecution or abuse of process 2. SECTION V DEFINITIONS Paragraph 14. is amended by adding the following Discrimination based on race color religion sex age or national origin except when a. Done intentionally by or at the direction of or with the knowledge or consent of 1 Any insured or 2 Any executive officer director stockholder partner or member of the insured b. Directly or indirectly related to the employment former or prospective employment termination of employment or application for employment of any person or persons by an insured Page 11 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI GLD HS 1011 c. Directly or indirectly related to the sale rental lease or sublease or prospective sales rental lease or sub lease of any room dwelling or premises by or at the direction of any insured or d. Insurance for such discrimination is prohibited by or held in violation of law public policy legislation court decision or administrative ruling. The above does not apply to fines or penalties imposed because of discrimination. Page 12 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2011 Philadelphia Indemnity Insurance Company | 2 |
PI HS005 0704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section 1 Coverages and paragraph 2. Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section 1 Coverages This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of 1. The rendering or failure to render a. Medical surgical dental x ray or nursing service treatment advice or instruction or the related furnishing of food or beverages b. Any health or therapeutic service treatment advice or instruction or c. Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming. 2. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances 3. The handling or treatment of dead bodies including autopsies organ donation or other procedures or 4. A professional incident as defined herein. Professional incident means any actual or alleged negligent a act b error or c omission in the actual rendering of professional services to others including counseling services in your capacity as a human services organization. Professional services include the furnishing of food beverages medications or appliances in connection therewith. Page 1 of 1 Includes copyright material of the Insurance Services Office Inc. used with its permission. | 2 |
PI MANU1 0100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY KANSAS STATUTORY DAMAGES KANSAS STATUTORY DAMAGES CAP ENDORSEMENT This Policy does not provide coverage for any claim make or suit brought against the Insured that arises out of any occurrence offense wrongful act or automobile hazard for which the Insured has 1. Full immunity under Kansas common law or statutory law or 2. Partial immunity under any Kansas statutory law which places a monetary cap on the Insured s maximum liability for damages. The existence of this Policy in no way serves as a waiver by the Insured of any immunity or partial immunity that attaches to the Insured s acts or omissions. Subject to the terms and conditions of this Policy and the relevant Limits of Insurance shown on the Declarations page this Policy only provides coverage to the Insured if a court which has jurisdiction to enforce a judgment over the Insured determines for any reason other than the mere existence of this Policy that the damages awarded against the Insured are 1. Not subject to and excluded by full immunity under Kansas common law or 2. Not subject to and limited by any Kansas statutory law which places a monetary cap on the Insured s maximum liability for damages. The First Named Insured on behalf of itself and all other Insureds acknowledges that is has read understands and accepts the terms conditions and limitations on coverage set forth in this Kansas Statutory Damages Cap Endorsement Al other terms and conditions of this Policy remain unchanged. Page 1 of 2 | 2 |
PI MANU1 0100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Signed at Stamford Connecticut on April 4 2007 Authorized Representative Al other terms and conditions of this Policy remain unchanged. Page 2 of 2 | 2 |
PI MANU2 0100 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY FELLOW EMPLOYEE EXCLUSION FELLOW EMPLOYEE EXCLUSION IS REMOVED. Al other terms and conditions of this Policy remain unchanged. Page 1 of 1 | 2 |
PI SE001 122005 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUND RAISING EVENTS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance applies to bodily Injury property damage and personal and advertising injury arising out of all of your fund raising events with the following exceptions unless scheduled in paragraph C. below Parades sponsored by the Insured Aircraft Motorcycle runs and automobile rallies Fireworks exhibitors operated by the Insured. Firearms Animals other than house pets Carnivals and fairs with mechanical rides sponsored by the Insured Rock Hip Hop or Rap concerts with admission over 500 people Events including contact sports Rodeos sponsored by the Insured Political Rallies Any event lasting more than 5 days including otherwise acceptable events Any event with greater than 500 people at any one time including otherwise acceptable events Any event with liquor provided by the Insured if a license is required for such activity. Any activities by third party telemarketing direct mail or internet advertising including spam firms. B. Section Il Who Is An Insured is amended to include as an additional insured the persons or ions related to your fund raising events but only with respect to liability for bodily roperty 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. However third party telemarketing direct mail or internet advertising including spam firms shall not be Insureds. C. Schedule of fund raising events Events Start Date Finish Date Pren Start Date Finish Date Premium Page 1 of 1 | 2 |
PI600 KS 02 03 Specialized Allied Health Care Providers Professional Liability Coverage Form Philadelphia Indemnity Insurance Company a stock insurance company herein called the Company in consideration of the payment of the premium in reliance upon the statements in the declarations made a part hereof and subject to all the terms of this policy agrees with the Named Insured as follows GENERAL RULES The Company will pay in addition to the applicable limit of liability a all expenses incurred by the Company all costs taxed against the insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company s liability thereon b premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy and the cost of bail bonds required of the insured because of accident or traffic violation arising out of the use of any vehicle to which this policy applies not to exceed 250 per bail bond but the Company shall have no obligation to apply for or furnish any such bonds DEFINITIONS When used in this policy including endorsements forming a part hereof insured means any person or organization qualifying as an insured in the Persons Insured provision of the applicable insurance coverage. Named Insured means the person or organization named in ltem 1. of the declarations of this policy policy territory means the coverage provided by each of the insuring agreements attached to this policy applies within the United States of America its territories or possessions provided that such claim is made and suit is brought against the insured within the United States of America its territories or possessions CONDITIONS Premium. All premiums for this policy shall be computed in accordance with the Company s rules rates rating plans premiums and minimum premiums applicable to the insurance afforded herein. Premium designated in this policy as advance premium is a deposit premium only which shall be credited to the amount of the earned premium due at the end of the policy period. The Company reserves the right at their discretion to conduct an audit at the close of such policy period. If the Company requires an audit at the close of such period or part thereof terminating with the end of the policy period designated in the declarations as the audit period the earned premium shall be computed for such period and upon notice thereof to the Named Insured shall become due and payable. If the total earned premium for the policy period is less than the premium previously paid the Company shall return to the Named Insured the difference between the deposit premium and the premium determined at audit. If the total earned premium for the policy period is greater than the premium previously paid the Named Insured shall remit to the Company the difference between the deposit premium and the premium determined at audit. Page 1 0f 8 | 2 |
PI600 KS 02 03 The Named Insured shall maintain records of such information as is necessary for premium computation and shall send copies of such records to the Company at the end of the policy period and at such times during the policy period as the Company may direct. Inspection and Audit. The Company shall be permitted but not obligated to inspect the Named Insured s property and operations at any time. Neither the Company s right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on behalf of or for the benefit of the Named Insured or others to determine or warrant that such property or operations are safe or healthful or are in compliance with any law rule or regulation. The Company may examine and audit the Named Insured s books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy as far as they relate to the subject matter of this insurance. Sole Agent. The Named Insured shall act on behalf of all insureds not defined in K.S.A. 40 3401 et seq as health care providers with respect to giving and receiving notice of cancellation or any other notice provided for under this policy accepting any endorsement issued to form a part of this policy paying premium when due and receiving return premium if any and is charged with the responsibility for notifying PHILADELPHIA INDEMNITY INSURANCE COMPANY and all insureds of any changes which might affect the insurance hereunder. Insured s Duties in the Event of Claim or Suit. The insured shall give written notice to Company as soon as practicable of any claim made against the insured or of any specific circumstances involving a particular person likely to result in a claim. The notice shall identify the insured and contain reasonably obtainable information with respect to the time place and circumstances of the injury including the names and addresses of the injured and of available witnesses and the extent of the type of claim anticipated. If a claim is made or suit is brought against the insured the insured shall inmediately forward to the Company every demand notice summons or other process received by the insured or the insured s representative. The insured and each of its employees shall cooperate with the Company and upon the Company s request assist in making settlements in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damages with respect to which insurance is afforded under this policy and the insured and any of its members partners officers directors stockholders and employees that the Company deems necessary shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not except at the insured s own cost voluntarily make any payments assume any obligations or incur any expense. Action Against Company. No action shall lie against the Company unless as a condition precedent thereto there shall have been full compliance with all of the terms of this policy nor until the amount of the insured s obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the insured to determine the insured s liability nor shall the Company be impleaded by the insured or his legal representative. Bankruptcy or insolvency of the insured or of the insured s estate shall not relieve the Company of any of its obligations hereunder. Settlement of Claims. The Company has the right to defend any claim against the Insured seeking Page 2 0f 8 | 2 |
PI600 KS 02 03 such damages even if any of the allegations of the claim are groundless false or fraudulent and may make such investigation or such settlement of any claim as it deems expedient but the Company is not obligated to pay any claim or judgment or to defend any claim after the applicable limit of the Company s liability has been exhausted by payment of judgments or settlements. Other Insurance. If the insured has other insurance against a loss covered by this policy and both this and the other insurance apply to the loss on the same basis whether primary excess or contingent the Company shall not be liable under this policy for a greater proportion of loss than that stated in the applicable contribution provision below a Contribution by Equal Shares. If all of such other valid and collectible insurance provides for contribution by equal shares the Company shall not be liable for a greater proportion of such loss than would be payable if each insurer contributes an equal share until the share of each insurer equals the lowest applicable limit of liability under any one policy or the full amount of the loss is paid and with respect to any amount of loss not so paid the remaining insurers then continue to contribute equal shares of the remaining amount of the loss until each such insurer has paid its limit in full or the full amount of the loss is paid. b Contribution by Limits. If any of such other insurance does not provide for contribution by equal shares the Company shall not be liable for a greater proportion of such loss than the applicable limit of liability under this policy for such loss bears to the total applicable limit of liability of valid and collectible insurance against such loss. Subrogation. In the event of any payment under this policy the Company shall be subrogated to all the insured s rights of recovery therefor against any person or organization and the insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The insured shall do nothing after loss to prejudice such rights. Changes. Notices to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part of this policy. Assignment. The interest of the insured under this policy shall not be assigned to any other person. Cancellation and Non Renewal. This policy may be canceled by the Named Insured by mailing to the Company or any of its authorized representatives written notice stating when thereafter the cancellation shall be effective. Nonpayment of premium shall constitute request for cancellation by the Named Insured. In the event of cancellation by the Named Insured notice will be provided by the Company within ten 10 days after the date coverage is terminated to the Kansas Health Care Stabilization Fund the state agency which licenses registers or certifies the Named Insured and to the Named Insured at the address shown in the policy. This policy may be canceled by the Company by mailing to the Kansas Health Care Stabilization Fund the state agency which licenses registers or certifies the Named Insured and to the Named Insured at the address shown in the policy written notice stating when not less than 30 days thereafter such cancellation shall be effective. The grounds upon which the Company may cancel a policy that has been in effect for 90 days or more are the policy was issued because of a material misrepresentation any Named Insured violated any of the material terms and conditions of the policy unfavorable underwriting factors specific to the insured exist that were not present at the inception of the policy a determination by the commissioner that continuation of coverage could place the insurer in a hazardous condition or in violation of the laws of this state or a determination by the commissioner that the insurer no longer has adequate reinsurance to meet the insurer s needs. If the policy is cancelled for any reason earned premium shall be computed Page 3 of 8 | 2 |
PI600 KS 02 03 pro rata. Premium adjustments shall be made within a reasonable period of time after cancellation but payment of or tender of such unearned premium shall not be a condition of cancellation. If the Company elects not to renew this policy it shall mail to the Health Care Stabilization Fund the state agency which licenses registers or certifies the Named Insured and to the Named Insured at the address shown in the policy written notice of such nonrenewal not less than 60 days prior to the termination or expiration of this policy. The mailing of notice as aforesaid shall be sufficient proof of notice. If the named insured is not a defined health care provider pursuant to K.S.A. 40 3401 et seq the notice of cancellation will only be mailed to the named insured. It is agreed that this policy will be canceled automatically upon revocation suspension termination or surrender of the Named Insured s license and that the unearned premium to be paid or tendered upon such cancellation will be computed pro rata. Declarations. By acceptance of this policy the Named Insured agrees that the statements in the declarations are the agreements and representations of the Named Insured that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between the Named Insured and the Company or any of its agents relating to this insurance. Special Statutes. Any and all provisions of this policy which are in conflict with the statutes of the state wherein this policy is issued are understood declared and acknowledged by this Company to be amended to conform to such statutes. EXCLUSIONS It is agreed that this policy does not apply 1. Under any Liability Coverage to injury sickness disease death or destruction a with respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Stock Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limits of liability or b resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 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 or under any Supplementary Payments Provisions relating to immediate medical or surgical relief to expenses incurred with respect to bodily injury sickness disease or death resulting from 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 injury sickness disease death or destruction resulting from the hazardous properties of nuclear material if a the nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom Page 4 of 8 | 2 |
PI600 KS 02 03 the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed by or on behalf of an insured or the injury sickness disease death or destruction 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 possession or Canada this exclusion c applies only to injury to or destruction of property at such nuclear facility. As used herein hazardous properties include radioactive toxic or explosive properties nuclear material means source material special nuclear material or byproduct material source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor waste means any waste material 1 containing byproduct material and 2 resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph a or b thereof nuclear facility means a any nuclear reactor b any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c 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 or uranium 235 d any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material With respect to the destruction of property the word injury or destruction includes all forms of radioactive contamination of property. To bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Page 50f 8 | 2 |
PI600 KS 02 03 a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom any insured 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 i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor subcontractor or ii 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. Subparagraphs a and d i do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. To any loss cost or expense arising out of any a request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing or in any way responding to or assessing the effects of pollutants. For the purposes of this exclusion pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Wasted includes materials to be recycled reconditioned or reclaimed. To bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution and terrorism. Injury or damage arising in whole or in part either directly or indirectly out of asbestos whether or not the asbestos is a Airborne as a fiber or particle b Contained in a product c Carried or transmitted on clothing or by any other means or d Contained in or a part of i any building ii any building material ii Page 6 of 8 | 2 |
PI600 KS 02 03 iii any insulation product or iv any component part of any building building material or insulation product. The investigation settliement or defense of any claim suit or proceeding against those covered alleging any actual or threatened injury or damage which arises out of or would not have occurred but for asbestos as described above. To any claims losses or expenses arising out of the Named Insured selling or disposing of any Radioactive Material or equipment. To bodily injury property damage advertising injury or personal injury arising out of a the actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or b the negligent i employment ii investigation iii supervision iv reporting to proper authorities or failure to so report or v retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by a above. It is further agreed that should suit be filed in a court of law alleging any acts described above then the Company will provide a defense on behalf of the insured. It is lastly agreed that there is no obligation contained herein for the Company to pay damages awarded in any such suits. To any liability arising out of actual or alleged violation of the Employee Retirement Income Security Act of 1974 or any regulations promulgated thereunder or similar provisions of any federal state or local statutory law or common law in any way involving any pension profit sharing welfare or other employee benefit plan of the Named Insured To the ownership maintenance use loading or unloading of any aircraft or watercraft by whomsoever owned. To the ownership maintenance operation use loading or unloading of a any automobile owned or operated by or rented or loaned to the Named Insured or b any other automobile operated by any person in the course of his employment by the Named Insured. But this exclusion does not apply to the parking of any automobile on premises owned by rented to or controlled by the Named Insured or the ways immediately adjoining if such automobile is not owned by or rented or loaned to the Named Insured. The loading or unloading of patients shall be considered professional health care services. It is agreed that the definition of personal injury does not include any injury arising out of discrimination. To any obligation for which the insured or any carrier acting as insurer may be held liable under Page 7 of 8 | 2 |
PI600 KS 02 03 any Workers Compensation unemployment compensation or disability benefits law or under any similar law. To bodily injury to a Any employee of those covered arising out of and in the course of employment or b The spouse child parent brother or sister of that employee as a consequence of a above. To any punitive damages or damages over and above actual compensatory damages which may be assessed against the Named Insured. To any liability arising out of the conduct of any partnership or joint venture of which the insured is a partner or member and which is not set forth in this policy as a Named Insured or additional Named Insured. To any liability arising out of dishonest fraudulent malicious or criminal acts errors or omissions. Bodily injury or property damage for which those covered are obligated to pay damages by reason of the assumption of liability in a contract or agreement. This provision does not apply to liability for damages a 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 or b That would have been covered in the absence of the contract or agreement. IN WITNESS WHEREOF PHILADELPHIA INDEMNITY INSURANCE COMPANY has caused this policy to be signed by its President and Secretary. Page 8 of 8 | 2 |
PI600A KS 0203 Philadelphia Indemnity Insurance Company ADDITIONAL INSUREDS ENDORSEMENT NAMED INSURED JOHNSON COUNTY MENTAL LIMIT OF LIABITITY 1000000 EACH CLAIM 3000000 ANNUAL AGGREGATE ENDORSEMENT EFFECTIVE 01012014 POLICY NUMBER PHPK1111221 PREMIUM 28760 In consideration of the additional premium for this endorsement this endorsement provides a separate shared limit of liability to the additional insureds below. Regardless of the number of additional insureds included in this endorsement or of the number of claims made or suits brought the total liability of the company for all damages because of all injury to which this endorsement applies shall not exceed the Limit of Liability stated in the above schedule as aggregate. The total liability of the company for all damages because of all injury arising out of any one claim shall not exceed the limit of liability stated in the above schedule as applicable to claim. The definition of Insured contained in this policy is amended to include the following 1. Any employee of the Named Insured while acting within the scope of their duties as such except physicians or surgeons and osteopathic physicians or surgeons including but not limited to residents externs interns and fellows podiatrists chiropractors dentists or certified registered nurse anesthetists and any other health care provider as defined in Kansas statute 40 3401 f arising out of rendering medical care or professional services to patients. 2. Any volunteer worker authorized by the Named Insured while acting within the scope of their duties as such except any health care providers listed in Item 1 above. 3. Any student of the healthcare professions who is in training programs sponsored and controlled by the Named Insured. All other terms conditions provisions and exclusions of this policy remain the same and apply to this endorsement. Authorized Representative | 2 |
PI604 KS 02 03 MENTAL HEALTH CENTER PROFESSIONAL LIABILITY INSURANCE CLAIMS MADE COVERAGE FORM The insurance afforded by this coverage part is only with respect to the limits of liability as specified on the Declarations page accompanying this policy. COVERAGE MENTAL HEALTH CENTER PROFESSIONAL LIABILITY The Company will pay on behalf of the Named Insured all sums which an insured shall become legally obligated to pay as damages because of any claims first made against an insured and reported to the Company during the policy period arising out of the rendering of or failure to render professional health care services. The Company must also receive notice of the Claim or Claims during the policy period for coverage to apply. The Company has the right to defend any claim against the Insured seeking such damages even if any of the allegations of the claim are groundless false or fraudulent and may make such investigation or such settlement of any claim as it deems expedient but the Company is not obligated to pay any claim or judgment or to defend any claim after the applicable limit of the Company s liability has been exhausted by payment of judgments or settlements. The Company has the sole and final authority to select and retain counsel for the defense of any insured pursuant to the Company s obligations under this policy. The Company is not obligated to pay for the services of any counsel retained by an insured. PERSONS INSURED 1. Each of the following is an insured under this insurance to the extent set forth below a the Named Insured b if the Named Insured is designated in the declarations as a partnership any partner thereof but only with respect to that partner s liability as such c if the Named Insured is designated in the declarations as other than an individual or partnership any executive officer Mental Health Center administrator stockholder or member of the board of directors trustees or governors of the Named Insured while acting within the scope of that person s duties as such INSURED S DUTIES IN THE EVENT OF A CLAIM The insured shall give written notice to Company as soon as practicable of any claim made against the insured or of any specific circumstances involving a particular person likely to result in a claim. The notice shall identify the insured and contain reasonably obtainable information with respect to the time place and circumstances of the injury including the names and addresses of the injured and of available witnesses and the extent of the type of claim anticipated. If a claim is made or suit is brought against the insured the insured shall immediately forward to the Company every demand notice summons or other process received by the insured or the insured s representative. The insured and each of its employees shall cooperate with the Company and upon the Company s request assist in making settlements in the conduct of suits and in enforcing any right of contribution or indemnity against any person or organization who may be liable to the insured because of injury or damages with respect to which insurance is afforded under this policy and the insured and any of its members partners officers directors stockholders and employees that the Company deems necessary shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. The insured shall not except at the insured s own cost voluntarily make any payments assume any obligations or incur any expense. Page 10f 3 | 2 |
PI604 KS 02 03 LIMITS OF LIABILITY Regardless of the number of a insured under this insurance b claims made or suits brought or c persons or organizations making claims or bringing suits the Company s liability is limited as follows The limit of liability stated in the declarations as applicable to each claim is the limit of the Company s liability for all damages because of each claim or suit covered hereby. The limit of liability stated in the declarations as aggregate is subject to the above provision respecting each claim the total limit of the Company s liability hereunder for all damages. This provision shall apply separately if the named insured is a defined health care provider pursuant to K.S.A. 40 3401 et seq. ADDITIONAL DEFINITIONS Claim means a written notice that a demand screening panel or lawsuit for damages covered by this policy that has been first made against such insured. A claim is considered first made against the insured only when any one of the following occurs a Such lawsuit against the insured has been filed and service of process upon the insured has been completed as required by law b Such screening panel has been filed and the insured has received written notice of the same as required by law or c Such written demand has been delivered to the insured. A Claim is considered first made against the Company on the date the Company receives written notice from the insured that a claim as defined above has been first made against the insured. All claims arising out of the same rendering of or failure to render professional health care services will be considered a single claim as having been made at the time the first claim is made and will not be considered separate claims hereunder. Damages means all damages including damages for death which are payable because of an injury to which this insurance applies. Health Care Providers means a health care provider as defined in K.S.A. 40 3401 et seq. Personal Acts means acts of any insured that are outside the scope of their duties for the Named Insured including but not limited to activities as a member of any partnership corporation professional association or other legal entity not specifically covered by this policy. EXCLUSIONS This insurance does not apply 1. to any punitive damages over and above actual compensatory damages which may be assessed against the Named Insured except whereas permitted by law. to vicarious liability of the insured because of injury arising out of the rendering of or failure to render professional services by any other health care provider as defined in K.S.A. 40 3401f. to any liability arising out of the rendering of or failure to render professional services by the insured during any period of time subsequent to the retroactive date that the insured failed to maintain in effect the required basic professional liability insurance as required by subsection a of K.S.A. 40 3402. to liability but will defend in any claim for damages if said damages are in consequence of the Page 20f 3 | 2 |
PI604 KS 02 03 performance of a willful tort malicious act or sexual act whether under the guise of treatment or not. 5. to liability fines penalties and defense including attorney fees for any criminal administrative or grand jury proceeding. 6. to liability of the insured arising out of a written or oral agreement of indemnity or other agreement with any party other than a patient to whom the Insured has agreed to render professional services. 7. to damages arising out of alleged violation of any law that prohibits the monopolization of or the unlawful restraint of trade business or profession or conspiracy to damage another in trade or business. IN WITNESS WHEREOF Philadelphia Indemnity Insurance Company has caused this policy to be signed by its President and Secretary. Page 3 0f 3 | 2 |
PI ARB1 KS 503 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION Wherever used in this endorsement 1 we us our and insurer mean the insurance company which issued this policy and 2 you your named insured first named insured and insured mean the Named Corporation the Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 other insureds means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured then provided that it is agreed upon by both parties the matter may be submitted for arbitration. If both parties mutually agree to this voluntary procedure then each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will 1. Pay the expenses it incurs and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office Inc. used with its permission. Page 1 of 1 | 2 |
PI PPL001 803 HS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIOR PENDING LITIGATION AND KNOWN CIRCUMSTANCES EXCLUSION CLAIMS MADE This endorsement modifies insurance provided under the following HUMAN SERVICES ORGANIZATION PROFESSIONAL LIABILITY CLAIMS MADE COVERAGE FORM In consideration of the premium paid for this policy it is agreed that the Insurer shall not be liable to make any payment for damages in connection with any claim arising out of based upon or attributable to i any professional incident bodily injury or property damage committed on or before 08141977 if the insured knew or could have reasonably foreseen that such professional incident bodily injury or property damage could give rise to a claim ii any pending or prior litigation made as of 08141977 or any claims alleging or derived from the same or essentially the same facts as alleged in such pending or prior litigation Page 1 of 1 | 2 |
PI ARB1 KS 503 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION Wherever used in this endorsement 1 we us our and insurer mean the insurance company which issued this policy and 2 you your named insured first named insured and insured mean the Named Corporation the Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 other insureds means all other persons or entities afforded coverage under this policy. This endorsement modifies coverage provided under the Coverage Part to which it is attached. If we and the insured do not agree whether coverage is provided under this Coverage Part for a claim made against the insured then provided that it is agreed upon by both parties the matter may be submitted for arbitration. If both parties mutually agree to this voluntary procedure then each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will 1. Pay the expenses it incurs and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. All other terms of the policy remain unchanged. Includes copyright material of the Insurance Services Office Inc. used with its permission. Page 1 of 1 | 2 |
PI SO008 199 SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM OCCURRENCE PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine your 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. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGE SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured is legally obligated to pay as damages because of bodily injury to which this insurance applies if the insured is alleged to be liable for another person s abusive conduct by reason of 1 the negligent employment selection investigation supervision reporting to the proper authorities or failure to so report or f retention of any employee volunteer or any other person or persons for whom the insured is or ever was legally responsible or e negligent design control maintenance d supervision e inspection or f investigation of prospective tenants of your premises premises in your control or premises you have leased to another or 3 the negligent failure to provide professional services or neglect of the therapeutic needs of a client patient or other person because of the abusive conduct. Subject to the above provisions we have the right and duty to defend any suit seeking damages because of another person s abusive conduct. However we have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any abusive conduct and settle any claim or suit that may result. But a The amount we will pay for damages as described in Section I1l LIMIT OF INSURANCE and G Our right and duty to defend end when we have used up our applicable limit of insurance in the payment of damages. We will pay with respect to any claim or suit we defend any defense costs we incur. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in ADDITIONAL POLICY BENEFITS. b. This insurance applies to damages because of bodily injury only if 1 The bodily injury is caused by abusive conduct that takes place in the coverage territory 2 The bodily injury occurs during the policy period. 2. Exclusions This insurance does not apply to 1of5 | 2 |
a. liability assumed by the insured under any contract or agreement b. any obligation for which an insured or any insurance carrier of the insured may be held liable under a workers compensation disability benefits or unemployment compensation law or any similar law c. any claim arising out of matters which may be deemed uninsurable d. any claim made against an insured by another insured except a claim made by an insured who is an employee subject to exclusion e. below e. any claim made by or on behalf of your employee except in the limited instance where that employee is also your client and receiving services falling within the official scope of the services which you provide and the claim arises out of the provision of these services f.to criminal defense costs associated with a criminal trial including appeals g. to the molestation of any person by the named insured or family member of the named insured which predates the inception of this policy and continues into the policy period ADDITIONAL POLICY BENEFITS EMPLOYEE INDEMNIFICATION DEFENSE COVERAGE We will also pay on your behalf defense costs for an employee who is alleged to be directly involved in abusive conduct if you have entered into a written agreement with such employee where you agree to indemnify the employee for such defense costs provided the agreement includes a provision for repayment of defense costs in the event of an adverse judgment. The most we will pay for any employee who is alleged to be directly involved in abusive conduct is 25000 regardless of the number of employees claims or suits brought or persons or organizations making claims or bringing suits. 2. Each of the following is also an insured a. your directors but only for liability arising from their duties as your directors b. your employees but only for liability arising within the scope of their employment duties for you c. your volunteers but only for liability arising within the scope of their volunteer duties related to the conduct of your organization and d. students in training but only for liability arising within the scope of their duties related to the conduct of your organization. SECTION Iil LIMIT OF INSURANCE 1. The limit of insurance shown in the Declarations and the rules below fix the most we will pay damages 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 limit of insurance shown in the Declarations for each abusive conduct is the most we will pay for all damages incurred as the result of any claim of abusive conduct. Two or more claims for damages because of the same incident or interrelated incidents of abusive conduct shall be a. considered a single claim. and b. such claims whenever made shall be assigned to only one policy whether issued by us or any other insurer and if that is this policy only one limit of insurance shall apply. 3. The aggregate limit shown in the Declaration is subject to paragraph 2. of this Section the total limit of our liability for all damages to which this insurance applies. ee is also your client and receiving s falling within the official scope of the s which you provide and the claim arises 1e provision of these services nal defense costs associated with a trial including appeals 10lestation of any person by the named or family member of the named insured redates the inception of this policy and es into the policy period OLICY BENEFITS INDEMNIFICATION DEFENSE E pay on your behalf defense costs for an vho is alleged to be directly involved in duct if you have entered into a written iith such employee where you agree to e employee for such defense costs agreement includes a provision for f defense costs in the event of an adverse SECTION Il WHO IS AN INSURED 1. You are an insured. 20f5 | 2 |
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 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 limit of insurance. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. tojoin 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 as a result of 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. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance If any insured has other insurance providing coverage similar to this policy then this insurance shall be excess over and above that other insurance except where such insurance is specifically designated as excess to this policy. 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 insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and SECTION IV SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS 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 an Incident Claim or Suit a. If aclaim is made or suit is brought against any insured you must see to it that we receive written notice of the claim or suit as soon as practicable but no later than 60 days after the claim is made or suit is brought. b. 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 c cl Cooperate with us in the investigation settlement or defense of the claim or suit including the release of any personnel records of the persons allegedly involved in the abusive conduct 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 abusive conduct to which this insurance may also apply. c. No insureds will except at their own cost and without recourse to this policy voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3of5 | 2 |
2 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. c. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limit of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy the insured agrees a. the statements in the Declarations and in the application for insurance are accurate and complete b. those statements are based upon representations made by the insureds and c. we have issued this policy in reliance upon those representations. 7. Transfer or 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. 8. Two Or More Coverage Parts Or Policies Issued By Us It is our stated intention that the various coverage parts or policy issued to you by us or any company affiliated with us do not provide any duplication or overlap of coverage for the same claim or suit. We have exercised diligence to draft our coverage parts or policies to reflect this intention but should the circumstances of any claim or suit give rise to such duplication or overlap of coverage then notwithstanding the other insurance provision if this policy and any other coverage part or policy issued to you by us or any company affiliated with us apply to the same abusive conduct professional incident occurrence offense wrongful act accident or loss the maximum limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit of insurance under any one coverage part or policy. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this policy. 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. Agreed settlement means a settlement and release of liability signed by the insured and the claimant or the claimant s legal representative and approved by us. 2. Abusive conduct means each every and all actual threatened or alleged acts of physical abuse sexual abuse roach each insurer contributes until it has paid its applicable limit none of the loss remains es first. her insurance does not permit equal shares we will contribute by his method each insurer s share is atio of its applicable limit of e total applicable limit of insurance te all premiums for this Coverage ance with our rules and rates. n in this Coverage Part as advance leposit premium only. At the close eriod we will compute the earned at period. Audit premiums are due 1 notice to the first Named Insured. 1e advance and audit premiums paid rm is greater than the earned vill return the excess to the first 4of5 | 2 |
sexual molestation or sexual misconduct performed by one person or two or more people acting together. Each every and all actual threatened or alleged acts of physical abuse sexual abuse sexual molestation or sexual misconduct committed by participated in by directed by instigated by or knowingly allowed to happen by one or more persons shall be considered to be one abusive conduct regardless of a. the number of injured parties b. the period of time over which the acts of physical abuse sexual abuse sexual molestation or sexual misconduct took place and c. the number of such acts or encounters. Abusive conduct consisting of or comprising more than one act of physical abuse sexual abuse sexual molestation or sexual misconduct shall be deemed to take place for all purposes within the scope of this policy at the time of the first such act or encounter. Bodily Injury means bodily injury sickness or disease including emotional distress or anguish including death resulting therefrom. Coverage territory means the United States of America including its territories and possessions Puerto Rico and Canada. Damages means a monetary a. judgment b. award or c. settlement but does not include fines sanctions penalties punitive or exemplary damages or the multiple portion of any damages. Defense Costs Costs to defend any claim or suit seeking damages. These costs are outside the limit of insurance. Employee includes a leased worker or a temporary worker. 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. Suit means a civil proceeding in which damages are sought for abusive conduct to which this insurance applies are alleged. Suit also includes a. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or b. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit 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. ly allluwed to all be considered ss of counters. comprising more xual abuse sexual shall be deemed to the scope of this act or encounter. 50f5 | 2 |
PI80 013 0205 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EMPLOYEE DEFENSE COVERAGE This endorsement modifies insurance provided under the following SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM OCCURRENCE SEXUAL OR PHYSICAL ABUSE OR MOLESTATION VICARIOUS LIABILITY COVERAGE FORM CLAIMS MADE COVERAGE The section EMPLOYEE INDEMNIFICATION DEFENSE COVERAGE under SECTION COVERAGE ADDITIONAL POLICY BENEFITS is deleted and replaced with the following EMPLOYEE DEFENSE COVERAGE We will also pay on your behalf defense costs for an employee who is alleged to be directly involved in abusive conduct until such time as that individual is adjudicated to be a wrongdoer or enters a plea of no contest. Page 1 of 1 | 2 |
Insured Name Excel Industries Inc. Policy Number GLO 0782528 00 Effective Date 06242021 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA General Liability 339.00 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier Copyright 2020 Zurich American Insurance Company U GU630 E CW 0120 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 Insured Name Excel Industries Inc. Policy Number GLO 0782528 00 Effective Date 06242021 eneral Liability 339.00 | 2 |
as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2 | 2 |
Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add. Prem Return Prem. GLO 0782528 00 06242021 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. 06242022 This endorsement modifies your insurance 06242021 37385000 A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be aviolent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. U GU767 B CW 0115 Page 1 of 1 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Disclosure Statement ZURlCH It is 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 1 of 1 | 2 |
statement i ZURICH NOTICE OF DISCLOSURE FOR AGENT AND BROKER COMPENSATION Disclosure Statement 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 A CW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 0782528 00 Named Insured and Mailing Address Excel Industries Inc. SEE NAMED INSURED ENDT 200 S Ridge Rd Hesston KS 67062 8808 COMMON POLICY DECLARATIONS Renewal of Number Producer and Mailing Address LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Producer Code 37385000 Policy Period Coverage begins 06242021 at 1201 A.M. Coverage ends 06242022 at 1201 A.M. The named insured is Individual Partnership Corporation Oother 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 PREMIUM 34285.00 issued by Zurich American Insurance Company THIS PREMIUM MAY BE SUBJECT TO AUDIT TOTAL 34285.00 This premium does not include Taxes and Surcharges. See Installment Schedule Taxes and Surcharges TOTAL 0.00 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. U GU D310 A 0193 Page 1of 1 General Liability PREMIUM 34285.00 issued by Zurich American Insurance Company PREMIUM e g et M PRy et e i M Ieeih gl Hietel M e WA IR R | 2 |
Named Insured Excel Industries Inc. Policy Number GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Common Policy Forms and Endorsements U GU630 E CW U GU767 B CW U GU D310 A U GU619 A CW U GU319 F U GU621 A CW U GU406 B U GU618 A CW IL00 17 1L00 21 IL 02 61 IL 00 03 U GU1191 A CW 0120 0115 0193 1002 0109 1002 0715 1002 1198 0908 0907 0908 0315 Disclosure of Important Information Relating to Terrorism Risk Insurance Act Cap On Losses From Certified Acts Of Terrorism Common Policy Declarations Schedule of Forms and Endorsements Important Notice In Witness Clause Schedule Of Named Insureds Installment Premium Schedule Schedule of Locations Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement Broad Form Kansas Changes Cancellation And Nonrenewal Calculation Of Premium Sanctions Exclusion Endorsement General Liability Forms and Endorsements U GL1517 B CW U GL2160 A CW U GL849 B CW U GL914 B CW U GL D1115 B CW U GL1113 A CW U GL D849 B CW CG 00 01 U GL1171 B CW U GL1342 A CW U GL1345 C CW U GL1178 A CW 0413 117 0804 0804 0904 1002 0904 0413 0719 1007 0320 0703 Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Designated Location General Aggregate Limit Erodes All Designated Locations Total General Aggregate Limit Employee Benefits Liability Claims Made Coverage Form Electromagnetic Radiation Exclusion Commercial General Liability Coverage Part Declarations Commercial General Liability Coverage Schedule Employee Benefit Liability Coverage Part Claims Made Declarations Commercial General Liability Coverage Form Fungi Or Bacteria Exclusion Endorsement Lead Exclusion General Liability Supplemental Coverage Endorsement Asbestos Exclusion Endorsement SCHEDULE OF FORMS AND ENDC ULy TNUet GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 smmon Policv Forms and Endorsements Agent No. 37385000 1 AW Losses rrom Lerlined ACts U1 Terrorism n Policy Declarations le of Forms and Endorsements nt Notice In Witness Clause le Of Named Insureds ent Premium Schedule le of Locations n Policy Conditions Energy Liability Exclusion Endorsement Broad Form Changes Cancellation And Nonrenewal ion Of Premium ns Exclusion Endorsement ng And Distribution Of Material Or Information In Violation Of Law N s Liability Claims Made Coverage Form adiation Exclusion ral Liability Coverage Part Declarations ral Liability Coverage Schedule Liability Coverage Part Claims Made Declarations ral Liability Coverage Form Exclusion Endorsement upplemental Coverage Endorsement ErAArearant A LW B CW B CW A CW ccw A W U GU619 A CW 1002 Page 1 of 2 | 2 |
Policy Number GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 CG 0109 1185 Kansas And Oklahoma Changes Transfer Of Rights U GL2199 A CW 0720 Communicable Disease Exclusion Scheduled and Uncontrolled With Limited Exceptions U GL850 A CW 0796 Deductible Endorsement Claims Made CG 2104 1185 Exclusion Products Completed Operations Hazard CG 2108 0514 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only CG 2132 0509 Communicable Disease Exclusion CG 2147 1207 Employment Related Practices Exclusion CG 2155 0999 Total Pollution Exclusion With A Hostile Fire Exception SCHEDULE OF FORMS AND ENDC lamed Insured Excel Industries Inc. ULy TNUet GLO 0782528 00 SCHEDULE OF FORMS AND ENDORSEMENTS Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 50109 1185 Kansas And Oklahoma Changes Transfer Of Rights GL2199 A CW 0720 Communicable Disease Exclusion Scheduled and Uncontrolled With Limited Exceptions GL850 A CW 0796 Deductible Endorsement Claims Made G 2104 1185 Exclusion Products Completed Operations Hazard 52108 0514 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only 52132 0509 Communicable Disease Exclusion 52147 1207 Employment Related Practices Exclusion 52155 0999 Total Pollution Exclusion With A Hostile Fire Exception Agent No. 37385000 1185 0720 0796 1185 0514 0509 1207 0999 U GU619 A CW 1002 Page 2 of 2 | 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. et. fapfon am tywy President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about you 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 1 of 1 | 2 |
Policy Number GLO 0782528 00 SCHEDULE OF NAMED INSUREDS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 NAMED INSURED Excel Industries Inc. Hustler Turf Equipment Inc Excel Industries Export Company a Delaware DISC Excel Industries DISC Holding LLC a Delaware LLC 2315708 Ontario Inc SCHEDULE OF NAMED INSUI ULy TNUet GLO 0782528 00 SCHEDULE OF NAMED INSUREDS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 Excel Industries Inc. Hustler Turf Equipment Inc Excel Industries Export Company a Delaware DISC Excel Industries DISC Holding LLC a Delaware LLC 2315708 Ontario Inc U GU621 A CW 1002 Page 1 of 1 | 2 |
Z ZURICH INSTALLMENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amounts shown below. NAMED INSURED POLICY NUMBER ENDORSEMENT NUMBER Excel Industries Inc. GLO 0782528 00 POLICY NUMBER GLO 0782528 00 ENDORSEMENT NUMBER PAYMENT DUE 062421 072421 082421 092421 102421 112421 122421 012422 022422 032422 TOTAL STANDARD PREMIUM 8671.19 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 34285.00 TOTAL PREMIUM 8571.19 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 2857.09 34285.00 TAXES Failure to pay the installment Premium by the Due Date shown shall constitute non payment of premium for which we may cancel this policy. U GU406 B 0715 | 2 |
Policy Number GLO 0782528 00 SCHEDULE OF LOCATIONS Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Loc. Bldg. Designated Locations No. No. Address City State ZIP Code Oceupancy 001 200 S Ridge Rd Hesston KS 67062 8808 001 001 200 S Ridge Rd Hesston KS 67062 8808 ULy TNUet GLO 0782528 00 SCHEDULE OF LOCATIONS lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 U GU618 A CW 1002 Page 1 of 1 | 2 |
IL00 17 11 98 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Dec larations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or de livering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating ad visory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifi cation under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Dec larations 1. Is responsible for premiums and the payment of all 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal represen tative is appointed anyone having proper tem porary custody of your property will have your rights and duties but only with respect to that property. Named Insured shown in the Dec ay cancel this policy by mailing or to us advance written notice of n. ancel this policy by mailing or de the first Named Insured written ancellation at least s before the effective date of can n if we cancel for nonpayment of m or s before the effective date of can n if we cancel for any other ail or deliver our notice to the first ured s last mailing address known cancellation will state the effective ancellation. The policy period will t date. icy is cancelled we will send the d Insured any premium refund due. el the refund will be pro rata. If the d Insured cancels the refund may n pro rata. The cancellation will be IS Mdlled proot Of maiing will be nt proof of notice. contains all the agreements between s concerning the insurance afforded. lamead Inetirad chram in the DNanlara. Copyright Insurance Services Office Inc. 1998 IL00 17 11 98 Page 1 of 1 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply C. pqder any Liability Coverage to. bodily A. Under any Liability Coverage to bodily injury or property damage resulting from injury or property damage hazardous properties of nuclear mater ial if 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 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 in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agree ment entered into by the United States of America or any agency thereof with any person or organization. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous prop erties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 1 The nuclear material a is at any nuclear facility owned by or op erated 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 dam age 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 prop erty 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 ma terial. ISO Properties Inc. 2007 IL 00 21 09 08 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c 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 con tains 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 prem ises 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 radio active contamination of property. ISO Properties Inc. 2007 Page 2 of 2 IL 00 21 09 08 | 2 |
IL 02 61 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Pol icy Condition is replaced by the following 2.a. We may cancel this policy by mailing or 4 Unfavorable underwriting factors spe cific to you exist that were not present at the inception of this policy delivering to the first Named Insured writ 5 A determination by the insurance com ten notice of cancellation stating the rea missioner that continuation of coverage sons for cancellation at least could place us in a hazardous financial 1 10 days before the effective date of condition or in violation of the laws of cancellation if we cancel for nonpay Kansas or ment of premium. 6 A determination by the insurance com 2 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of ma terial misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy missioner that we no longer have ade quate reinsurance to meet our needs. B. The following is added and supersedes any condition to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonre newal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Copyright ISO Properties Inc. 2006 IL 02 61 09 07 Page 1 of 1 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. ISO Properties Inc. 2007 IL 00 03 09 08 Page 1 of 1 | 2 |
Z ZURICH Sanctions Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. All other terms and conditions of this policy remain unchanged. U GU1191 A CW 0315 Page 1 of 1 | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer No. 37385000 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 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 g. 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 1 of 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 Page20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Designated Location General Aggregate Limit Erodes All Designated Locations Total General.. ZURICH Aggregate Limit THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0782528 00 Effective Date 06242021 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Designated Locations Each location other than construction projects occupied owned or rented by the named insured All Designated Locations Total General Aggregate Limit 10000000 If no amount is shown for the All Designated Locations Total General Aggregate Limit 4000000 applies. A. Solely with respect to all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. The following is added to Section lll Limits Of Insurance The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all a. Damages under Coverage A and b. Medical expenses under Coverage C which 1 Can be attributed only to operations at any of the single designated locations and 2 Applies towards any Designated Location General Aggregate Limit as indicated in Paragraph A.1. of this endorsement. Such payments shall not reduce the General Aggregate Limit shown in the Declarations. U GL2160 A CW 1117 Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall also reduce the All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. However such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location. 5. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the a. Applicable Designated Location General Aggregate Limit and b. All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. 6. Paragraph 5. of Section lll Limits Of Insurance is replaced by the following 5. Subject to a. The applicable Designated Location General Aggregate Limit as indicated in Paragraph A.1. of this endorsement and b. The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement the Each Occurrence Limit is the most we will pay for the sum of 1 Damages under Coverage A and 2 Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. B. Solely with respect to all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce a. Any Designated Location General Aggregate Limit or b. The All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the 1. General Aggregate Limit 2. Designated Location General Aggregate Limit or 3. All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement. D. Solely with respect to this endorsement the following definition is added to the Definitions Section Designated Location means Each Location described in the Schedule of this endorsement including premises you own or rent or premises that are temporarily occupied by you. Unless otherwise indicated in such schedule a designated location 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 will be deemed to be a single designated location. U GL2160 A CW 1117 Page20f3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Solely with respect to this endorsement Paragraph 1. of Section lll Limits Of Insurance is replaced by the following 1. The Limits of Insurance shown in the Declarations the All Designated Locations Total General Aggregate Limit shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The provisions of Section lll Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms conditions provisions and exclusions of this policy remain the same. U GL2160 A CW 1117 Page3of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Employee Benefits Liability 6 Claims Made Coverage Form ZURICH 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 Declarations. 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. in the Declarations or after the end of the policy period. Section. Coverage Employee Benefit Liability 1. Insuring Agreement A. We will pay those sums that the insured becomes 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 any suit seeking 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 1 The amount we pay for damages is limited as described in Section II. Limits of Insurance 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 under this Employee Benefit Liability coverage. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments of this Coverage Part. B. 1 This insurance applies to an act error or omission only if a. A claim arising out of the act error or omission is first made against any insured during the policy period b. The act error or omission takes place in the coverage territory. 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 2 A claim will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. 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. 2. 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 dishonest fraudulent criminal or malicious act C. Any claim or suit arising out of discrimination or humiliation D. Any claim or suit arising out of an insurer s or other provider s failure to perform its contract E. Any claim or suit arising out of your failure to comply with any workers compensation unemployment insurance social security disability 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. Any claim or suit arising out of 1 Advice given to any person to participate or not participate in a plan or program included in employee benefit programs 2 The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel accountant custodian or consultant U GL849 B CW 804 Page 10f 4 | 2 |
3 Any investment activity including the management administration or disposition of assets of your employee benefit programs 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 Security Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 including the Internal Revenue Code of 1954 and its amendments. 3. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend 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 insurance. 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 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. D. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Limits of Insurance A. 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 suits.. 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 employee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs. D. 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 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 A. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligations. B. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any applicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. 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 employee and witnesses. 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 notice of the claim as soon as practicable. 3 You and any other involved insured must a. Immediately send us copies of any demands 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 Page 20f 4 | 2 |
c. Cooperate with us in the investigation settlement or defense of the claim or suit and d. 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 to which this insurance may also apply. 4 No insureds will except at their own cost voluntarily make a payment assume any obligation 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 Coverage Part our obligations are limited as follows 1 Primary Insurance This insurance is primary except when 2. 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 3. below. Excess Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to an act error or omission on other than a claims made basis if a. No Retroactive Date is shown in the Declarations 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. 3 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 s0 but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of i. The total amount that all such other insurance would pay for the loss in the absence of this insurance and ii. The total of all deductble 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. 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. 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 insurance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we 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 Page 30f 4 | 2 |
. 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 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.. Administration means 1 Counseling employees including their dependents and beneficiaries with respect to employee benefit programs 2 Handling records in connection with employee benefit programs or 3 Effecting or terminating an employee s participation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Claim means The receipt by you of a demand for money or services which alleges an act error or omission in the administration of your employee benefit programs. 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 responsibility to pay damages is determined in a suit on the merits in the territory described in E. 1. above or in a settlement to which we agree. Employee means Your officers and employees whether actively employed disabled or retired.. Employee benefit programs mean Group life insurance group accident or health insurance profit sharing plans pension plans employee stock subscription plans workers compensation unemployment insurance salary continuation plans social security disability benefits insurance savings plans vacation plans or any other similar plans or programs.. Insured means You and any of your partners executive officers directors members stockholders or employees provided such employee is authorized to act in the administration of your employee benefit programs. Personal and advertising injury means Injury including consequential bodily injury arising out of one or more of the following offenses 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 occupies 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 organization or disparages a person s or organization s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of privacy 6 The use of another s advertising idea in your advertisement or 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 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 to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. U GL849 B CW 804 Page 4 of 4 | 2 |
Z ZURICH Electromagnetic Radiation Exclusion Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer 37385000 Add. Prem Return Prem. 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 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism. The following exclusion is added to 2. Exclusions of Section I. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of clectromagnetic fields electromagnetic radiation or electromagnetism. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field o force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 0804 Page1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Zurich American Insurance Company Policy Number GLO 0782528 00 Named Insured Excel Industries Inc. Policy Period Coverage begins 06242021 at 1201 AM. Coverage ends 06242022 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 1000000 Any one premises MEDICAL EXPENSE LIMIT 10000 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 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 34285.00 Other Premium Total Premium 34285.00 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Zurich American Insurance Company Policy Number GLO 0782528 00 Named Insured Excel Industries Inc. Policy Period Coverage begins 06242021 at 1201 AM. Coverage ends 06242022 at 1201 AM. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 00000 00000 00000 Any one premises 000 Any one person OO OO A ARG mAFCAn AF rmamisatinm RENTED TO YOU LIMIT IT I IN IRV INMIT g U GL D1115 B CW 904 | 2 |
Policy Number GLO 0782528 00 COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Zurich American Insurance Company Named Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 37385000 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy See Schedule of Locations Code No. Premium Basis Premises Operations 56651 Gross Sales Location Exposure Rate Premium 001001 513000000.0646 33161.00 Classification Products Completed Operations Machinery or Machinery Parts Mfg. farm type Rate Premium Code No. Premium Basis Premises Operations 92100 No. of Employees Location Exposure Rate Premium 631 435.00 Classification Products Completed Operations Employee Benefits Liability Rate Premium Code No. Premium Basis Premises Operations 1345B Location Exposure Rate Premium 350.00 Classification Products Completed Operations GL Supplemental Coverage Endorsement Rate Premium Code No. Premium Basis Premises Operations Location Exposure Rate Premium 339.00 Classification Products Completed Operations Terrorism CAT Rate Premium ey PRI MR M EEeEE MY COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE Zurich American Insurance Company lamed Insured Excel Industries Inc. Effective Date 06242021 1201 A.M. Standard Time gent Name LOCKTON COMPANIES LLC Agent No. 37385000 lamed Insured Excel Industries Inc. Effe gent Name LOCKTON COMPANIES LLC Age achinery or Machinery Parts Mfg. farm type mployee Benefits Liability iL Supplemental Coverage Endorsement errorism CAT U GL1113 A CW 1002 Page 1 of 1 | 2 |
EMPLOYEE BENEFIT LIABILITY COVERAGE PART CLAIMS MADE DECLARATIONS Named Insured Excel Industries Inc. Policy Number GLO 0782528 00 Policy Period Coverage begins 06242021 at 1201 A.M. Coverage ends 06242022 at 1201 A.M. Producer Name LOCKTON COMPANIES LLC Producer No. 37385000 Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Claim Limit Item 2. Form of Business Individual Other Partnership Joint Ventul Joint Venture Corporation Item 3. Premium Schedule Code No. Premium Basis Estimated Number of Employees 92100 631 Advance Premium Rate INCL Per Employee INCL INCL Flat Charge INCL nan nan nan nan 92100.0 Total Advance Premium For This Coverage Part Audit Period Annual Semi annual INCL Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Retroactive Date 06242013 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 Retroactive Date if any shown above. U GL D849 B CW 904 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Dec larations 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 organiza tion qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 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 Cov erages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supple mentary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property dam age is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property dam age occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or re sumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurr ence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 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 I 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 3 Becomes aware by any other means that bodily injury or property dam age has occurred or has begun to oceur. Damages because of bodily injury include damages claimed by any person or organ ization for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employ ment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage invol ved 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 fur nishing 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 con sequence 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. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage ex pected 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 ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property dam age occurs subsequent to the execu tion of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and neces sary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance 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 intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b Insurance Services Office Inc. 2012 CG 00010413 Page 2 of 16 | 1 |
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 op erations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured con tractor or subcontractor. How ever 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 me chanical functions necessary for the operation of mobile equip ment 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 oper ating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or re leased as part of the operations being performed by such insured contractor or subcon tractor i Bodily injury or property damage sustained within a building and caused by the re lease of gases fumes or vapors from materials brought into that building in connection with op erations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal see page migration release or escape of pollutants a At or from any premises site or b c location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a con tractor and the owner or lessee of such premises site or loca tion has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treat ed disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutra lize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or stat utory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for dam ages because of testing for mon itoring cleaning up removing containing treating detoxifying or neutralizing or in any way re sponding to or assessing the ef fects 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 govern mental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any air craft 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 prop erty 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 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 mainten ance 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 mo bile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the mach inery or equipment listed in Para graph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equip ment 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 how ever 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 de fending 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 gov ernmental authority in hindering or defending against any of these. b 3 Insurance Services Office Inc. 2012 CG 00010413 Page 4 of 16 | 1 |
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 con tract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is with drawn or recalled from the market or from use by any person or organization because of a known or suspected defect defi ciency inadequacy or dangerous condition init. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate elec tronic 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 Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incur red by you or any other person organization or entity for repair re placement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s prop erty Premises you sell give away or aban don if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or sub contractors working directly or indi rectly 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 haz ard. 2 CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
including systems and applications soft ware hard or floppy disks CD ROMs tapes drives cells data processing de vices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute or dinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or dis tribution of material or information. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and C 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supple mentary Payments Coverages A and 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 per sonal 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 adver tising idea in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 CG 00010413 | 1 |
. 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 ad vertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement Of Copyright Patent Trade mark 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 com mitted by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Defini tions 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 pub lishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s poten tial customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 2. War Personal and 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 de fending against an actual or expected attack by any government sovereign or other authority using military per sonnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 vio late 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 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
3 The Fair Credit Reporting Act FCRA b. Hired Person and any a. ede of or gddmon to To a person hired to do work for or on such law including the Fair and Ac behalf of any insured or a tenant of any curate Credit Transactions Act insured FACTA or 0 N Iy O ted Premi 4 Any federal state or local statute e Injury On orm y Occupled Premises ordinance or regulation other than the To a person injured on that part of prem TCPA CAN SPAM Act of 2003 or ises you own or rent that the person FCRA and their amendments and normally occupies. additions that addresses prohibits or d. Workers Compensation And Similar Laws limits the printing dissemination dis posal collecting recording sending transmitting communicating or dis tribution of material or information. 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 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement e. a. We will pay medical expenses as described benefits law or a similar law. Athletics Activities 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 To a person injured while practicing in structing or participating in any physical exercises or games sports or athletic con tests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend c The injured person submits to a. All expenses we incur. examination at our expense by b. U 5.. Up to 250 for cost of bail bonds required physicians fl our choice as often as because of accidents or traffic law vio i we reasonably require. lations arising out of the use of any vehicle. We will make these payments regardless of to which the Bodily Injury Liability fault. These payments will not exceed the Coverage applies. We do not have to applicable limit of insurance. We will pay furnish these bonds. reasonable expenses for c. The cost of bonds to release attachments 1 First aid administered at the time of an but only for bond amounts within the accident applicable Iimit of insurance. We do not 2 Necessary medical surgical X ray and have to furnish these bonds. dental services including prosthetic d. All reasonable expenses incurred by the devices and insured at our request to assist us in the 3 Necessary ambulance hospital profes sional nursing and funeral services. investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. 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. Insurance Services Office Inc. 2012 CG 00010413 Page 8 of 16 | 1 |
CG 00010413 f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 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 in formation 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 in vestigation 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 indem nitee and Cooperate with us with respect to coordinating other applicable insur ance available to the indemnitee and b c Insurance Services Office Inc. 2012 2 Provides us with written authorization to a Obtain records and other informa tion related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses incur red by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Not withstanding 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 indem nitee 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 busi ness. 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 of ficers 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. Page 9 of 16 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while per forming 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 partner ship 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 adver tising injury a To you to your partners or mem bers if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volun teer workers any partner or member if you are a partnership or joint ven ture or any member if you are a limited liability company. b c d b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that prop erty and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 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 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 Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organ ization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability com pany that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE The Limits of Insurance shown in the Dec larations and the rules below fix the most we will pay regardless of the number of 1. a. b. c. Insureds Claims made or suits brought or Persons or organizations making claims or bringing suits.. The General Aggregate Limit is the most we will pay for the sum of a. b. Medical expenses under Coverage C Damages under Coverage A except dam ages because of bodily injury or prop erty damage included in the products completed operations hazard and Damages under Coverage B. el mem lip or ers if pany n the ent or o the or to rkers ed to are nt t co orker graph dy or ysical r any Insurance Services Office Inc. 2012 CG 00010413 Page 10 of 16 | 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 ad vertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occur rence or offense took place 2 The names and addresses of any in jured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement 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 ex pense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 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 a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance wheth er primary excess contingent or on any other basis i That is Fire Extended Cover age Builder s Risk Installation Risk or similar coverage for your worl i That is Fire insurance for prem ises rented to you or tempor arily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. Any other primary insurance avail able to you covering liability for damages arising out of the prem ises or operations or the products and completed operations for which you have been added as an additional insured. 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. b 2 3 When t other in share of that exc a The insu the b The insu othe 4 We wil any wi not des provisio ifically t of Insur of this C c. Method Of If all of the bution by e method als insurer con has paid its none of the first. If any of permit cont contribute each insure of its appli total applic insurers. 5. Premium Audit a. We will c Coverage P and rates. b. Premium st advance pr only. At the will comput period and Insured. T retrospectiv as the due the advanc the policy p premium w first Named c. The first Ne of the info computatior times as we Page 12 of 16 Insurance Services Office Inc. 2012 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. 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 spec ifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. C CG 00010413 | 1 |
6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon repre sentations you made to us and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Cov erage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. CG 00010413 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equip ment or Insurance Services Office Inc. 2012 b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where itis licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Para graph a. above but is away for a short time on your business or 3 Personal and advertising injury of fenses 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. Em ployee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or danger ous or b. You have failed to fulfill the terms of a contract or agreement Page 13 of 16 Je cally assigned in first Named Insured sured were the only sured against whom is brought. overy Against Others recover all or part of iade under this Cov re transferred to us. othing after loss to lest the insured will ose rights to us and v this Coverage Part to the first Named Declarations written 1ot less than 30 days f of mailing will be provi dama merit a. ab. Emp ploye vl Page 13 of 16 | 1 |
if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. How ever 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 permis sion of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demoli tion operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connec tion with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business in cluding 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 opera tions within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tun nel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports sur veys 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 b 3 Under which the insured if an architect engineer or surveyor as sumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment 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 equip ment of the following types 1 Air compressors pumps and gener ators including spraying welding Insurance Services Office Inc. 2012 CG 00010413 Page 14 of 16 | 1 |
13. 14. building cleaning geophysical explora tion lighting and well servicing equip ment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not con struction or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chas sis and used to raise or lower workers and Air compressors pumps and gener ators including spraying welding building cleaning geophysical explora tion lighting and well servicing equip ment. 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 respon sibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 2 3 eophysical explora ell servicing equip imilar devices used kers n Paragraph a. b. ained primarily for e transportation of vehicles with the manently attached ile equipment but s primarily for 1ce but not con rfacing or d similar devices bile or truck chas or lower workers oumps and gener spraying welding eophysical explora ell servicing equip 1 t does not include are subject to a sponsibility law or ce law where it is ged. Land vehicles r financial respon r vehicle insurance accident including posure to substan ful conditions. jury means injury dily injury arising llowing offenses r imprisonment om wrongful entry e right of private welling or premises committed by or on lord or lessor on in any manner s or libels a person rages a person s or oducts or services 9. 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. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard b. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earli est of the following times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor work ing on the same project. Work that may need service mainten ance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or prop erty 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 un loading 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 sub ject to the General Aggregate Limit. b c Insurance Services Office Inc. 2012 Page 15 of 16 CG 00010413 | 1 |
17. 18. 19. 20. Property damage means a. Physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have ac quired and 2 Containers other than vehicles mater ials parts or equipment furnished in connection with such goods or pro ducts. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or opera tions. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. i at Insurance Services Office Inc. 2012 CG 00010413 Page 16 of 16 | 1 |
Z ZURICH Fungi Or Bacteria Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0782528 00 Effective Date 06242021 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion applies to all diseases contracted by contact with fungi or bacteria in water water vapor or water droplets including but not limited to Legionnaire s Disease. This exclusion does not apply to any bodily injury or property damage caused by any fungi or bacteria that are are on or are contained in any other edible good or edible product intended for human or animal consumption. All other terms conditions provisions and exclusions of this policy remain the same. U GL1171 B CW 0719 Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Lead Liability Exclusion Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer No. 37385000 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 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 03 2 3 Bodily injury property damage or personal and advertising injury ari the actual alleged or threatened ing out of resulting from caused by or related to a Exposure to or existence of lead paint containing lead or any other material product or substance containing lea 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 or 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 GL1342 A CW 1007 Page 1 of 1 | 2 |
Z ZURICH General Liability Supplemental Coverage ZURICH Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0782528 00 Effective Date 06242021 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following changes apply to this Coverage Part. However endorsements attached to this Coverage Part will supersede any provisions to the contrary in this General Liability Supplemental Coverage Endorsement. A. Broadened Named Insured 1. The following is added to Section Il Who Is An Insured Any organization of yours other than a partnership or joint venture which is not shown in the Declarations and over which you maintain an ownership interest of more than 50 of such organization as of the effective date of this Coverage Part will qualify as a Named Insured. However such organization will not qualify as a Named Insured under this provision if it a. s newly acquired or formed during the policy period b. Is also an insured under another policy other than a policy written to apply specifically in excess of this Coverage Part or. Would be an insured under another policy but for its termination or the exhaustion of its limits of insurance. Each such organization remains qualified as a Named Insured only while you maintain an ownership interest of more than 50 in the organization during the policy period. 2. The last paragraph of Section Il Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. B. Newly Acquired or Formed Organizations as Named Insureds 1. Paragraph 3. of Section Il Who Is An Insured is replaced by the following 3. Any organization you newly acquire or form during the policy period other than a partnership or joint venture and over which you maintain an ownership interest of more than 50 of such organization 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 180 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. U GL1345 C CW 0320 Page 1 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
An additional premium will apply in accordance with our rules and rates in effect on the date you acquired or formed the organization. 2. The last paragraph of Section Il Who Is An Insured does not apply to this provision to the extent that such paragraph would conflict with this provision. C. Insured Status Employees Paragraph 2.a.1 of Section Il Who Is An Insured is replaced by the following 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 c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a and 1d do not apply to your employees or volunteer workers who are not employed by you or volunteering for you as health care professionals for bodily injury arising out of Good Samaritan Acts while the employee or volunteer worker is performing duties related to the conduct of your business. Good Samaritan Acts mean any assistance of a medical nature rendered or provided in an emergency situation for which no remuneration is demanded or received. Paragraphs 1a b and c do not apply to any employee designated as a supervisor or higher in rank with respect to bodily injury to coemployees. As used in this provision employees designated as a supervisor or higher in rank means only employees who are authorized by you to exercise direct or indirect supervision or control over employees or volunteer workers and the manner in which work is performed. D. Additional Insureds Lessees of Premises 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations who leases or rents a part of the premises you own or manage who you are required to add as an additional insured on this policy under a written contract or written agreement but only with respect to liability arising out of your ownership maintenance or repair of that part of the premises which is not reserved for the exclusive use or occupancy of such person or organization or any other tenant or lessee. This provision does not apply after the person or organization ceases to lease or rent premises from you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance U GL1345 C CW 0320 Page 2 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement referenced in Subparagraph D.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured Vendors 1. The following change applies if this Coverage Part provides insurance to you for bodily injury and property damage included in the products completed operations hazard Section Il Who Is An Insured is amended to include as an additional insured any person or organization referred to throughout this Paragraph E. as vendor who you have agreed in a written contract or written agreement prior to loss to name as an additional insured but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business However the insurance afforded to such vendor a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors the following additional exclusions apply a. The insurance afforded the vendor does not apply to 1 Bodily injury or property damage for which the vendor 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 that the vendor would have in the absence of the contract or agreement 2 Any express warranty unauthorized by you 3 Any physical or chemical change in the product made intentionally by the vendor 4 Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container 5 Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products 6 Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product 7 Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or 8 Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to a The exceptions contained in Subparagraphs 4 or 6 or b Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. U GL1345 C CW 0320 Page 3 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
c. This insurance does not apply to any of your products for which coverage is excluded under this Coverage Part. With respect to the insurance afforded to the vendor under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the vendor is the amount of insurance a. Required by the written contract or written agreement referenced in Subparagraph E.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Additional Insured Managers Lessors or Governmental Entity 1. 2. 3. Section Il Who Is An Insured is amended to include as an insured any person or organization who is a manager lessor or governmental entity who you are required to add as an additional insured on this policy under a written contract written agreement or permit but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by a. Your acts or omissions or b. The acts or omission of those acting on your behalf and resulting directly from a. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit b. Ownership maintenance occupancy or use of premises by you or. Maintenance operation or use by you of equipment leased to you by such person or organization. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or offense that caused personal and advertising injury To any person or organization included as an insured under Paragraph 3. of Section Il Who Is An Insured To any lessor of equipment if the occurrence or offense takes place after the equipment lease expires To any 1 Owners or other interests from whom land has been leased by you or 2 Managers or lessors of premises if a The occurrence or offense takes place after the expiration of the lease or you cease to be a tenant in that premises b The bodily injury property damage or personal and advertising injury arises out of the structural alterations new construction or demolition operations performed by or on behalf of the manager or lessor or c The premises are excluded under this Coverage Part. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance U GL1345 C CW 0320 Page 4 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a. Required by the written contract or written agreement referenced in Subparagraph F.1. above of this endorsement or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This Paragraph F. shall not increase the applicable Limits of Insurance shown in the Declarations. G. Damage to Premises Rented or Occupied by You 1. 2. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage To Premises Rented To You Limit of Insurance applies to this coverage as described in Section Il Limits Of Insurance. Paragraph 6. of Section lll Limits Of Insurance is replaced by the following 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 one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. H. Broadened Contractual Liability The insured contract definition under the Definitions Section is replaced by the following Insured contract means 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 specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal and advertising injury arising out of the offenses of false arrest detention or imprisonment to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 1 above and supervisory inspection architectural or engineering activities. Definition Specific Perils The following definition is added to the Definitions Section Specific perils means U GL1345 C CW 0320 Page 5 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fire Lightning Explosion Windstorm or hail Smoke Aircraft or vehicles Vandalism R Weight of snow ice or sleet Leakage from fire extinguishing equipment including sprinklers or Accidental discharge or leakage of water or steam from any part of a system or appliance containing water or steam. J. Limited Contractual Liability Coverage Personal and Advertising Injury 1. Exclusion e. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if a The personal and advertising injury arises out of the offenses of false arrest detention or imprisonment b The liability pertains to your business and is assumed in a written contract or written agreement in which you assume the tort liability of another. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement and c The personal and advertising injury occurs subsequent to the execution of the written contract or written agreement. Solely for purposes of liability so assumed in such written contract or written agreement reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury described in Paragraph a above provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same written contract or written agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of Section Supplementary Payments Coverages A and B is replaced by the following d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 3. The following is added to the paragraph directly following Paragraph 2.f. of Section Supplementary Payments Coverages A and B Notwithstanding the provisions of Paragraph 2.e.2 of Section Coverage B Personal And Advertising Injury Liability such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. U GL1345 C CW 0320 Page 6 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
K. Supplementary Payments The following changes apply to Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following b. Up to 2500 for the 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. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. L. Broadened Property Damage 1. Property Damage to Contents of Premises Rented Short Term The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 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. 2. Elevator Property Damage a. The following is added to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability Paragraphs 3 and 4 of this exclusion do not apply to property damage arising out of the use of an elevator at premises you own rent or occupy. b. The following is added to Section lll Limits Of Insurance Subject to Paragraph 5. above the most we will pay under Coverage A for damages because of property damage to property loaned to you or personal property in the care custody or control of the insured arising out of the use of an elevator at premises you own rent or occupy is 25000 per occurrence. 3. Property Damage to Borrowed Equipment a. The following is added to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability Paragraph 4 of this exclusion does not apply to property damage to equipment you borrow from others at a jobsite. b. The following is added to Section lll Limits Of Insurance Subject to Paragraph 5. above the most we will pay under Coverage A for damages because of property damage to equipment you borrow from others is 25000 per occurrence. M. Expected or Intended Injury or Damage Exclusion a. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following a. Expected Or Intended Injury Or Damage Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. N. Definitions Bodily Injury The bodily injury definition under the Definitions Section is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish mental injury shock fright or death sustained by that person which results from that bodily injury sickness or disease. U GL1345 C CW 0320 Page 7 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
0. Insured Status Amateur Athletic Participants Section Il Who Is An Insured is amended to include as an insured any person you sponsor while participating in amateur athletic activities. However no such person is an insured for a. Bodily injury to 1 Your employee volunteer worker or any person you sponsor while participating in such amateur athletic activities or 2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company while participating in such amateur athletic activities or b. Property damage to property owned by occupied or used by rented to in the care custody or control of or over which the physical control is being exercised for any purpose by 1 Your employee volunteer worker or any person you sponsor or 2 You any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. P. Non Owned Aircraft Auto and Watercraft Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 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 watercratft 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 51 feet long and b Not being used to carry persons 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 5 An aircraft that is hired or chartered by you or loaned to you with a paid and licensed crew and is not owned in whole or in part by an insured or 6 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 f.2 or f.3 of the definition of mobile equipment. Q. Definitions Leased Worker Temporary Worker and Labor Leasing Firm 1. The leased worker and temporary worker definitions under the Definitions Section are replaced by the following Leased worker means a person leased to you by a labor leasing firm under a written 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. U GL1345 C CW 0320 Page 8 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Temporary worker means a person who is furnished to you to support or supplement your work force during employee absences temporary skill shortages upturns or downturns in business or to meet seasonal or short term workload conditions. Temporary worker does not include a leased worker. 2. The following definition is added to the Definitions Section Labor leasing firm means any person or organization who hires out workers to others including any a. Employment agency contractor or services b. Professional employer organization or c. Temporary help service. R. Definition Mobile Equipment Paragraph f. of the mobile equipment definition under the Definitions Section is replaced by the following f. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment exceeding a combined gross vehicle weight of 1000 pounds 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. S. Definitions Your Product and Your Work The your product and your work definitions under the Definitions Section are replaced by the following Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance use handling maintenance operation or safety of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work services or operations performed by you or on your behalf and U GL1345 C CW 0320 Page 9 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 Materials parts or equipment furnished in connection with such work services or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance use handling maintenance operation or safety of your work and 2 The providing of or failure to provide warnings or instructions. T. Duties in the Event of Occurrence Offense Claim or Suit Condition The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to any insured listed under Paragraph 1. of Section Il Who Is An Insured or an employee authorized by you to give or receive such notice. Knowledge by other employees of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to the workers compensation carrier of the Named Insured and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. U. Other Insurance Condition Paragraphs 4.a. and 4.b.1 of the Other Insurance Condition of Section IV Commercial General Liability Conditions are replaced by the following 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. However this insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that 1 The additional insured is a Named Insured under such other insurance and 2 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. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis property insurance Builder s Risk Installation Risk or similar coverage for your work ii That is property insurance purchased by you including any deductible or self insurance portion thereof to cover premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you including any deductible or self insurance portion thereof 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 U GL1345 C CW 0320 Page 10 0f 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b c iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability or v That is property insurance including any deductible or self insurance portion thereof purchased by you to cover damage to Equipment you borrow from others or Property loaned to you or personal property in the care custody or control of the insured arising out of the use of an elevator at premises you own rent or occupy. Any other primary insurance including any deductible or self insurance portion thereof available to the insured covering liability for damages arising out of the premises operations products work or services for which the insured has been granted additional insured status either by policy provision or attachment of any endorsement. Other primary insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of its legal liabilities. 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 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 written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. V. Unintentional Failure to Disclose All Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally a. Fail to disclose all hazards existing at the inception of this policy or b. Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. W. Waiver of Right of Subrogation Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Commercial General Liability Conditions is replaced by the following 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. If the insured waives its right to recover payments for injury or damage from another person or organization in a written contract executed prior to a loss we waive any right of recovery we may have against such person or organization because of any payment we have made under this Coverage Part. The written contract will be considered executed when the insured s performance begins or when it is signed whichever happens first. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. X. Liberalization Condition U GL1345 C CW 0320 Page 11 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The following condition is added to Section IV Commercial General Liability Conditions Liberalization Clause If we revise this Coverage Part to broaden coverage without an additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in the state shown in the mailing address of your policy. All other terms conditions provisions and exclusions of this policy remain the same. U GL1345 C CW 0320 Page 12 0f 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Asbestos Exclusion Endorsement Policy No. GLO 0782528 00 Eff. Date of Pol. 06242021 Exp. Date of Pol. 061242022 Eff. Date of End. 06242021 Producer No. 37385000 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 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. B. C. 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 2. 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 Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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