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A Hanover Insurance Group. LHK 9545621 01 LOCKTON COMPANIES LLC BERKSHIRE BLANKET INC Locations of All Premises You Own Rent or Occupy Location 1 44 E MAIN ST Ware MA 01082 Location 3 50 E Main St Ware MA 01082 Location 2 7 W 34th Street New York NY 10001 Location 4 13300 Carmentia Rd Santa Fe Springs CA 90670 Forms Applicable to all Coverage Parts Asterisk denotes new or changed form Description Form Number Edition Date 401 1127 0108 401 1135 0108 401 1235 0811 IL 00 03 0908 iL0o0 17 1198 iLoo 21 0908 SIG 00 01 0605 Notice Disclosure of Premium Accep Notice To Policyholders Terrorism Cove Notice of Cancellation to Designated Er Calculation Of Premium Common Policy Conditions Nuclear Energy Liability Exclusion Endc Signature Page Hanover Description Notice Disclosure of Premium Acceptance of Coverage Notice To Policyholders Terrorism Coverage Acceptance Notice of Cancellation to Designated Entitys Calculation Of Premium Common Policy Conditions Nuclear Energy Liability Exclusion Endorsement Broad Form Signature Page Hanover Page 2 Original Insured 401 0152 0105 0338 Issued 05102013 | 2 |
AHanover Insurance Group.. BERKSHIRE BLANKET INC NKET INC LHK 9545621 01 LOCKTON COMPANIES LLC Commercial General Liability Coverage Part Declaration Audit Frequency Annual Limits of Insurance General Aggregate Limit Products Completed Operations Aggregate Limit Each Occurrence Limit Personal and Advertising Injury Limit Fire Damage Limit Any One Fire Medical Expense Limit Any One Person General Liability Deductible Total Advance Commercial General Liability Premium 2000000 2000000 1000000 1000000 100000 5000 47849.00 Forms Applicable to General Liability Coverage Parts Edition Date Description 1290 Asbestos Liability Exclusion 0103 Commercial General Liability Special Broadening Endorsement 1207 Commercial General Liability Coverage Form 1202 War Liability Exclusion 0509 Recording And Distribution of Material or Information In Violation of Law Exclusion 1093 Earlier Notice of Cancellation Provided by Us 1207. Employee Benefits Liability Coverage 1207 Employment Related Practices Exclusion 0989 Amendment of Liquor Liability Exclusion Exception for Scheduled Activities 12104 Fungi or Bacteria Exclusion 0108 Cap On Losses From Certified Acts Of Terrorism 0108 Exclusion of Punitive Damages Related To a Certified Act of Terrorism 0305 Silica or Silica Related Dust Exclusion Form Number 421 0022 421 0080 CG 0001 CG 00 62 CG 00 68 CG 0224 CG 04 35 CG 2147 CG 21561 CG 2167 CG2170 CG2176 CG 2196 421 0340 0105 Page 3 Original insured Issued 05102013 nan nan nan nan 339.0 | 2 |
SH5nover Insurance Group. BERKSHIRE BLANKET INC LANKET INC LHK 9545621 01 LOCKTON COMPANIES LLC Commercial General Liability Classification Schedule Declaration ADVANCE PREMIUM 8466.00 38250.00 lvance Premium 353.00 725.00 55.00 Loc st Importers TERR CODE SUBLINE PREMIUM BASIS 102000000 Receipts 517 55410 334 Sales 517 55410 336 102000000 Receipts Sales Miscellaneous Optional General L y Coverages Employee Benefits Coverage General Liability Special Broadening Endorsement Terrorism Premium Advance Premium 353.00 725.00 55.00 Additional Premium for Coverage Minimum Total Advance General Liability Premium 47849.00 Subline 334 Subline 336 Premises and Operations Products andor Completed Operations 421 0341 0105 Page 4 Original Insured Issued 05102013 nan nan nan nan 340.0 | 2 |
LHK 9545621 00 2208301 S s on the conditions we find anges. d to make any inspections recommendations and any undertake relate only to in emiums to be charged. We inspections. We do not un the duty of any person or ide for the health or safety iblic. And we do not warrant hful or ws regulations codes or 2. of this condition apply not to any rating advisory rate ganization which makes in 5 sUrveys reporis or rec condition does not apply to urveys reports or recom y make relative to certifica r municipal statutes ordi 1s. of boilers. pressure ves B GURIUL 1 UV U00L COMMON POLICY CONDITIONS All Coverage Parts inciuded in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliver ing to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancei for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake refate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys repors or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. ned Insured shown in the Declara incel this policy by mailing or deliv dvance written notice of cancella cel this policy by mailing or deliver st Named Insured written notice of at least efore the effective date of cancel ve cancel for nonpayment of pre efore the effective date of cancel e cancel for any other reason. or deliver our notice to the first ed s last mailing address known to incellation will state the effective ellation. The policy period will end is cancelled we will send the first ed any premium refund due. If we efund will be pro rata. If the first red cancels the refund may be rata. The cancellation will be ef if we have not made or offered a Ny L0017 1198 0007 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
LHK 9545621 00 2208301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY SPECIAL BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGES 1. Additional Insured by Contract Agreement or Permit Included 2. Additional Insured Broad Form Vendors Included 3. Aggregate Limit per Location Included 4. Alienated Premises Included 5. Bodily Injury Redefined Included 6. Broad Form Property Damage Borrowed Equipment Customers Goods Included Use of Elevators 7. Extended Property Damage Included 8. Incidental Malpractice Employed nurses EMT s paramedics Included 9. Knowledge of Occurrence Included 10 Liberalization Clause Included 11. Medical Payments Increased Limit 10000 12. Mobile Equipment Redefined Included 13. Newly Acquired or Formed Organizations Covered until end or policy period Included 14. Non owned Watercraft 511 t 15. Personal Injury Broad Form Included 16. Product Recall Expense Each Occurrence Limit 25000 Aggregate Limit 50000 17. Property Damage Legal Liability Fire Lighting Explosion Smoke or Leakage Damage 500000 18. Supplementary Payments Increased Limits Bail Bonds 2500 Loss of Earnings 300 19. Unintentional Failure to Disclose Hazards included 20. Unintentional Failure to Notify Included This endorsement amends coverages provided under the Commrcial General Liability Coverage Form through new coverages higher limits and broader coverage grants. 1. Additional Insured by Contract Agreement or 2 Premises you own rent lease or occupy. Permit This insurance applies on a primary basis if Under Section Il Who Is An insured Paragraph 5. that is required by the written contract is added as foliows written agreement or permit. 5.a. Any person or organization with whom you b. This provision does not apply agreed because of a written contract written 1 Uniess the written contract or written agreement or permit to provide insurance is agreement has been executed or permit aninsured but only with respect to has been issued prior to the bodily injury 1 Your work for the additiona insureds property damage personal injury or at the location designated in the contract advertising injury. agreement or permit or Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 Page 10f 6 0014. 2 Premises you own rent lease or occupy. This insurance applies on a primary basis if that is required by the written contract written agreement or permit. This provision does not apply 1 Uniess the written contract or written agreement has been executed or permit has been issued prior to the bodily injury property damage personal injury or advertising injury. Page 10of 6 | 2 |
LHK 9545621 00 2208301 2. 2 To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part. 3 To any person or organization included as an insured under item 2 of this endorsement. 4 To any lessor of equipment a After the equipment lease expires or b If the bodily injury property dam age personal injury or advertising injury arises out of sole negligence of the lessor. 5 Toany a Owners or other interests from whom land has been leased which takes place after the lease for the land ex pires or b Managers or lessors of premises if i The occurrence takes place after you cease to be a tenant in that premises or ii The bodily injury property damage personal injury or advertising injury arises out of structural alterations new con struction or demolition operations performed by or on behalf of the manager or lessor. Additional Insured Broad Form Vendors Under Section Il Who Is An Insured Paragraph 6. is added as follows 6. a. Any person or organization with whom you agreed because of a written contract or written agreement to provide insurance 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 vendors business subject to the following additional exclusions b. The insurance afforded the vendor does not apply to 1 Bodily injury or property damage for which the vendor is obligated to pay dam ages by reasons of the assumption of li ability 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 2 Any express warranty unauthorized by you 3 Any physical or chemical change in the product made intentionally by the vendor 4 Repackaging unless unpacked solely for the purpose of inspection smonstration testing or the substitution of parts under instrucuon from the manufacturer and then repackaged in the original container Any failure to make such inspection ad justments 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 sale of the product Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any thing or substance by or for the vendor. c. 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 accompany ing or containing such products. 5 6 7 3. Aggregate Limit Per Location 1 Under Section llf Limits of Insurance the General Aggregate Limit applies separately to each of your locations owned by or rented to you. 2 Under Section V Definitions definition 23. is added as follows 22. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a rail road. Alienated Premises Under Section Coverage A paragraph 2. Exclu sions j. 2 is replaced in its entirety with the following 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises and occurred from hazards that were known by you or should have reasonably been known by you at the time the property was transferred or abandoned. Bodily Injury Redefined Under Section V Definitions definition 3. bodily injury is replaced in its entirety with the following includes copyrighted material of insurance Services Office Inc. with its permission. Copyright insurance Service Office Inc. 1998 421 0080 0103 0015 Page20f6 | 2 |
LHK 545621 00 2208301 3. Bodily injury means bodily injury sickness or disease sustained by a person. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease. 6. Broad Form Property Damage Borrowed Equipment Customers Goods Use of Elevators 1 Under Section Coverage A paragraph 2. Exclusion j. is amended as follows Paragraph 4 does not apply to property dam age to borrowed equipment while at a jobsite and not being used to perform operations. Paragraphs 3 4 and 6 do not apply to property damage to customers goods while on your premises nor do they apply to the use of elevators at premises you own rent lease or occupy. 2 Under Section V Definitions definition 24. is added as follows 23. Customers goods means property of your customer on your premises for the purpose of being a. worked on or b. used in your manufacturing process. The insurance afforded under this provision is excess over any other valid and collectible prop erty insurance including deductible available to the insured whether primary excess contingent or on any other basis. 3 7. Extended Property Damage Under Section I Coverage A paragraph 2. Exclusions Exclusion a. is replaced in its entirety with the following a. 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. 8. Incidental Malpractice Employed Nurses EMT s and Paramedics Under Section Il Who Is An Insured paragraph 2.a1d does not apply to a nurse emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical paramedical surgical dental x ray or nursing services. 10. 1. 12. 13. LHK 545621 00 2208301 Knowledge of Occurrence Under Section IV Commercial General Liability Conditions Condition 2 Duties in the Event of Occurrence Offense Claim or Suit paragraph e. is added as follows e. Notice of an occurrence offense claim or suit will be considered knowledge of the insured if reported to an individual named insured partner executive officer or an employee designated by you to give us such a notice. Liberalization Clause Under Section IV Commercial General Liability Conditions condition 10. is added as follows 10. Liberalization Clause If we adopt any revision that wouid broaden the coverage under this Coverage Form without additional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Coverage Part. Medical Payments Increased Limits 1 Under Section Coverage C paragraph a. 2 is replaced in its entirety by the following 2 The expenses are incurred and reported to us within three years of the date of the accident and 2 Under Section Il Limits of Insurance paragraph 7. is replaced in its entirety by the foliowing 7. Subject to 5. above the higher of a. 10000 or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by one person. 3 This coverage does not apply if Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. Mobile Equipment Redefined Under Section V Definitions definition 12 Mobile Equipment paragraph f.1bc does not apply to self propelled vehicles of less than 1000 pounds gross vehicle weight. Newly Acquired Or Formed Organizations Under Section It Who Is An Insured paragraph 4.a.is replaced in its entirety by the following Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 0016 Page 3 of 6 | 2 |
LHK 9545621 00 2208301 a. Coverage under this provision is afforded only until the end of the policy period. 14. Non Owned Watercraft Under Section Coverage A paragraph 2 Exclusions g.2 is replaced in its entirety by the following 2 A watercraft you do not own that is a Less than 51 feet ong 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. 15. Personal Injury Broad Form 1 Under Section Coverage B paragraph 2.e. is deleted in its entirety. 2 Under Section V Definitions definition 14 paragraph b. is replaced in its entirety by the following b. Malicious prosecution or abuse of process. 3 Under Section V Definitions definition 14 paragraph h. is added as follows h. Discrimination or humiliation uniess insurance thereof is prohibited by law that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is 1 Not done intentionally by or at the direction of a The insured b Any officer of the corporation director stockholder pariner or member of the insured and Not directly or indirectly related to an employee not to the employment prospective employment or termination of any person or persons by an insured. 4 This coverage does not apply if Coverage B Personal and Advertising Injury Liability is excluded either by the provisions of the Coverage Part of by endorsement. 2 16. Product Recall Expense 1 Under Section Coverage A paragraph 2 Exclusions n. is replaced in its entirety by the following n. Recall of Products Work or Impaired Property Damages claimed for any foss 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 s 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it but this exclusion does not apply to product recall expenses that you incur for the covered recall of your product. The exception to the exclusion does not apply fto Product recall expenses resulting from 1 Failure of any products to accomplish their intended purpose 2 Breach of warranties of fitness quality durabifity or performance 3 Loss of customer approval or any cost incurred to regain customer approval 4 Redistribution or replacement of your product which has been recalied by fike products or substitutes 5 Caprice or whim of the insured 6 A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance 7 Asbestos including loss damage or clean up resulting from asbestos or asbestos containing materials 8 Recall of your products that have no known or suspected defect solely because a known or suspected defect in another of your products has been found. 2 Under Section Il Who Is An insured paragraph 4.d. is added as follows d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. 3 Under Section HI Limits of Insurance paragraph 8. is added as follows 8. The Limits of Insurance and rules stated below fix the most we will pay under this coverage part. 1 The Aggregate Limit is the most we will reimburse you for the sum of all product recall expenses incurred for all product recall expenses initiated during the policy petiod. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 0017 Page 4 of 6 Page 4 of 6 | 2 |
LHK 9545621 00 2208301 en. determined that all are free from defects cause of loss under this efinitions the following means a recall made S you or a government ined that a known or deficiency inadequacy dition in your product result in bodily injury e ense means i reasonable expenses ations including radio or announcements or ivertisements including envelopes and postage the recalled products urchaser distributor or the place or places by you ion paid to your regular for necessary over itional persons other gular employees 2 The Each Occurrence Limit shown in the Summary of Coverages Declaration is the most we will pay in connection with any one defect or deficiency. a All product recall expenses in connection with substantially the same general harmful condition will be deemed to arise out of the same defect or deficiency and considered one occurrence. b Any amount reimbursed for product recall expenses in connection with any one occurrence will reduce the amount of the Aggregate Limit available for reimbursement of product recall expenses in connection with any other defect or deficiency. If the Aggregate Limit has been reduced by reimbursement of product recall expenses to an amount that is less than the Each Occurrence Limit the remaining Aggregate Limit is the most that will be available for reimbursement of product recall expenses in connection with any other defect or deficiency. The Limits of Insurance of Product Recall Expense apply separately to each consecutive annuel 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 the purposes of determining the Limits of Insurance. A Deductible of 500 applies for Each Occurrence. c 4 Under Section IV Commercial General Liability Conditions Condition 2 Duties in the Event of Occurrence Offense Claim or Suit paragraph f. is added as follows f. You must see to it that the following are done in the event of an actual or anticipated covered recall that may result in product recall expense 1 Give us prompt notice of any discovery or nofification that your product must be withdrawn or recalled. Include a description of your product and the reason for the withdrawal or recall 2 Cease any further release shipment consignment or any other method of distribution of like or similar products 17. until it has been. determined that all such products are free from defects that could be a cause of loss under this insurance. 5 Under Section V Definitions the following definitions are added 25. Covered recall means a recall made necessary because you or a government body has determined that a known or suspected defect deficiency inadequacy or dangerous condition in your product has resulted or will result in bodily injury or property damage. 26. Product recall expense means a. Necessary and reasonable expenses for 1 Communications including radio or television announcements or printed advertisements including stationery envelopes and postage Shipping the recalled products from any purchaser distributor or user fo the place or places designated by you 3 Remuneration paid to your regular employees for necessary over time 4 Hiring additional persons other than your regular employees 5 Expenses incurred by employees including transportation and ac commodations 6 Expenses to rent additional ware house or storage space Disposal of your product but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid bodily injury or property damage as a result of such disposal You incur exclusively for the purpose of recalling your product and b. Your lost profit resuling from such covered recall. 2 Property Damage Legal Liability Fire Lightning Explosion Smoke or Leakage from Fire Protective Systems Damage 1 The word fire is changed to fire lightning explosion smoke and leakage from fire pro tective systems where it appears in the Limits of Insurance section of the Declarations for the Commercial General Liability Coverage Part. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office inc. 1998 421 0080 0103 0018 Page 5 of 6 Page 5 of 6 | 2 |
LHK 9545621 00 2208301 s Increased Limits plementary Payments graphs 1.b. and 1.d. are s foliows b f Al hande ramirad 2 Under Section Coverage A the last para graph after the exclusions is replaced in its entirety by the following Exclusions. through n. do not apply to dam age by fire lightning expiosion smoke or leak age from fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A sepa rate fimit of insurance applies to this coverage as described in LIMITS OF INSURANCE SEC TION Ill. This limit will apply to all damage proximately caused by the same event whether such damage resulis from fire lightning expiosion smoke or leakage from fire protective systems or any combination of the five. Under Section lll Limits Of Insurance para graph 6. is replaced in its entirety by the follow ing 6. Subject to 5. above the higher of a. 500000 or b. The Fire Lightning Explosion Smoke or Leakage from Fire Protective Sys tems Damage Limit shown in the Dec larations is the most we will pay under Coverage A for damages because of property damage from fire lightning explosion smoke and leakage from fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner. 4 Under Section IV Commercial General Liability Conditions Condition 4. Other Insurance paragraph b.2 is replaced by the following b.2 That is fire lightning explosion smoke or leakage from fire protective systems insurance for premises rented to you or temporarily occupied by you with per mission of the owner or 5 Under Section V Definitions definition 9. Insured contract a. is replaced in its en tirety by the foliowing 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 lightning explosion smoke or leakage from fire pro tective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. 6 This coverage does not apply if Fire Damage Legal Liability of Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 18. 19. 20. Shppementary Payments Increased Limits Under Section Supplementary Payments Coverages A mnd B paragraphs 1.b. and 1.d. are replaced in their entirety as foliows 1.b. Up to 2500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of eamings up to 300 a day because of time off from work. Unintentional Failure to Disclose Hazards Under Section IV Commercial General Liability Conditions Condition 6. Representations paragraph d. is added as follows d. We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy provided such failure is not intentional. Unintentional Failure to Notify Under Section IV Commercial General Liability Conditions Condition 2. Duties in the Event of Occurrence Offense Claim or Suit paragraph g. is added as follows. Your rights afforded under this policy shall not be prejudiced if you fail to give us notice of an occurrence offense claim or suit solely due to your reasonable and documented belief that the bodily injury or property damage is not covered under this policy. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Service Office Inc. 1998 421 0080 0103 0019 Page 6 of 6 Page 6 of 6 | 2 |
LHK 9545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. 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 be comes Jegally 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 in surance does not apply. We may at our discre tion 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 It Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury 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 con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter the end of the policy period. d. Bodily injury or property damage wili be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section If Who Is An In sured 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 in surer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. 2 3 policy restrict coverage. efully to determine rights ot covered. words you and your shown in the Declarations rganization qualifying as a s policy. The words we e company providing this any person or organization Section Il Who Is An In that appear in quotation ng. Refer to Section V JURY AND PROPERTY sums that the insured be ated to pay as damages jury or property damage ce applies. We will have defend the insured against hose damages. However ty to defend the insured eking damages for bodily damage to which this in ly. We may at our discre occurrence and settle at may result. But will pay for damages is Page 1 of 16 CG 00 011207 0030 ISO Propertties Inc. 2006 | 0 |
LHK 9545621 00 2208301. Liguor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furishing of alcohoiic beverages to a person under the legal drinking age or un der the influence of aicohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of. a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam ages with or repay someone else whe must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. e Damages because of bodily injurv include damages claimed by any person or organiza tion for care loss of services or death resuiting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liabiiity for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable atiorney fees and necessary litiga tion 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 attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al leged. b Page 2 of 16 180 Properties Inc. 2006 CG 00011207 m nan nan nan nan 31.0 | 1 |
LHK 9545621 00 2208301 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does 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 if Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your poi icy as an additional insured with re spect 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 in sured other than that additional in sured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the han dling storage disposal processing or treatment of waste c Which are or were at any time trans ported handied stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or io cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels Iu bricants or other operating fluids which are needed to perform the normal electrical hydraufic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to held store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels fu bricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations 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 in directly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of poliutants. Page 3 of 16 CG 00011207 0032 ISO Properties Inc. 2006 | 1 |
LHK 9545621 00 2208301 5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is ii censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. h. Mobile Equipment Bodily injury or property damage arising.out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force inciuding action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured 3 3 G 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory reguirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a gov ermnmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of poliutants. 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. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft 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 employ ment 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 entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned o any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto isnot owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Page 4 of 16 b 4 CG 00011207 o 1S0 Properties Inc. 2006 nan nan nan nan 33.0 | 1 |
LHK 9545621 00 2208301 ply to the loss of use it of sudden and ac your product or N put to its intended. Or Impaired y loss cost or ex thers for the loss of i spection repair re woval or disposal of operty is withdrawn or from use by any ause of a known or cy inadequacy or Injury f personal and ad loss of loss of use inability to access ctronic data. n electronic data programs stored as or transmitted to or luding systems and or floppy disks CD s data processing ia which are used i equipment. Violation Of damage arising di y action or omission violate mer Protection Act amendment of or 2003 including any n to such law or or regulation other SPAM Act of 2003 sending transmit fistribution of mate Page5 of 16 5 That particular part of real property on which you or any contractors or subcentrac tors working directly or indirectly on your behaif are performing operations if the property damage arises out of those op erations or That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises inciuding the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises 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 exclu sion 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. 6. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a sub contractor.. 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 danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your.behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental 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 ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property it such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives celis data processing devices or any other media which are used with electronically controiled equipment. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. Page5 of 16 CG 00011207 0034 IS0 Properties Inc. 2006 | 1 |
LHK 9545621 00 2208301 Eveiusions. through n. da not apply fo damags by fire to premises while rented to you or tempo rarily 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 be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We wili 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 per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settie any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Hl Limits Of insurance and 2 Our right and duty to defend end when we have used up the applicable fimit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Suppiementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowl edge that the act would violate the rights of an other and would inflict personal and advertis ing injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowl edge of its falsity. Page 6 of 16 o Waterial Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.. 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 fi ability 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 con tract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or CG 00011207 o IS0 Properties inc. 2006 nan nan nan nan 35.0 | 1 |
LHK 8545621 00 2208301 revolution usurped by governmental au fending against any 1 Violation Of injury arising di y action or omission violate mer Protection Act amendment of or 2003 including any on 1o such law or or regulation other SPAM Act of 2003 e sending transmit distribution of mate NTS nses as described sed by an accident r rent S you own or rent ons place in the cover iring the policy pe curred and reported r of the date of the ubmits to examina 3 3 by physicians of as we reasonably ents regardless of not exceed the ap Ne will pay reason at the time of an urgical x ray and ing prosthetic de hAaarital mrefan 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and. of personal and advertising injury under the Definitions Sec tion. 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 itseif considered the business of advertis ing broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 8 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy pe riod b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. Page 7 of 16 CG 00 011207 0036 ISO Properties Inc. 2006 | 1 |
LHK 8545621 00 2208301 We will not pay expenses for bodily injury a. 9 Any Insured To any insured except volunteer workers.. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed opera tions hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of eamnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Page 8 of 16 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 in terest based on that period of time after.the of fer. 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 depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. 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 dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agree ment that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the in demnitee e. The indemnitee and the insured ask us to conduct and controf the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and CG 00011207 a ISO Properties Inc. 2006 nan nan nan nan 37.0 | 1 |
LHK 9545621 00 2208301 1insured nly while performing ict of your business er than either your are an organization int venture or limited nanagers if you are but only for acts nployment by you or ated to the conduct none of these em rkers are insureds nal and advertising ners or members if ip or joint venture you are a limited i 0 coemployee of his or her em ing duties related to business or to your kers while perform the conduct of your parent brother or npioyee or volun nsequence of Para any obligation to or repay someone amages because of n Paragraphs 1a r her providing or orofessional health perty ised by e custody or con physical control is ny purpose by loyees volunteer member if you are ture or any mem ability company. Page 9 of 16 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 fiability 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 em ployees 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 fi ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 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 con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liabiiity company. b d 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 in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Cov erage A Bodily Injury And Property Damage Li ability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments 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 insur eds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. A limited fiability 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 parinership joint venture or limited fiability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders 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 du ties as trustees. ka Page 9 of 16 CG 00011207 0038 ISO Properties Inc. 2006 | 1 |
LHK 9545621 00 2208301 W Any person other than your empinyea or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect o the conduct of any current or past partnership joint venture or fimited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage Cj b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and. Damages under Coverage B. Page 10 of 16 3. The Products Completed Operations Agaregats Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum f all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we wili pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age 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 oroperty 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 Ex pense Limit is the most we will pay under Cover age 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 pericd 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 additionai pericd 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 obliga tions 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 pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and o CG 00011207 u nan nan nan nan 39.0 1S0 Properties Inc. 2006 | 1 |
LHK 8545621 00 2208301 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 no tice of the claim or suit as soon as practica bie. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers 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 expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless alf 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Instaliation Risk or similar coverage for your work ii That is Fire insurance for premises rented fo you or temporarily occu pied 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 occu pied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entited to the insured s rights against all those other insurers. Page 11 of 16 CG 00011207 0040 ISO Properties Inc. 2006 | 1 |
LHK 9545621 00 2208301 ased upon representa nd policy in reliance upon imits of Insurance and fically assigned in this Named Insured this in 1sured were the only red against whom claim ght. overy Against Others recover all or part of je under this Coverage isferred to us. The in r loss to impair them. At l bring suit or transfer us enforce them. this Coverage Part we 2 first Named Insured s written notice of the 0 days before the expi mailing will be sufficient wotice that is broadcast public or specific mar joods products or ser attracting customers or s of this definition shed include material or on similar electronic el 2 When this insurance is eveess avar 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 in surance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer con tributes equal amounts until it has paid its ap plicable 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 wilt 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 Cover age Part in accordance with our rules and rates Premium shown in this Coverage Part as ad vance 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 computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete v Page 12 of 16 A Those siatemants are based upon reprasenta tions you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices 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 ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equip ment. insurance permits contribution s we will follow this method approach each insurer con nounts until it has paid its ap insurance or none of the loss ver comes first. ter insurance does not permit qual shares we will contribute r this method each insurer s on the ratio of its applicable to the total applicable limits of nsurers. all premiums for this Cover cordance with our rules and in this Coverage Part as ad is a deposit premium only. At 1 audit period we will compute um for that period and send Named Insured. The due date strospective premiums is the he due date on the bill. If the ince and audit premiums paid iod is greater than the earned return the excess to the first Insured must keep records of ve need for premium computa s copies at such times as we licy you agree in the Declarations are accu. IS0 Properties Inc. 2006 CG 0001 1207 a nan nan nan nan 41.0 | 1 |
LHK 9545621 00 2208301 premises. However for a lease of prem person or organiza to premises while ily occupied by you er is not an insured greement except in on or demolition op t of a railroad d by ordinance to xcepl in connection Jreement ract or agreement s including an in ality in connection L municipality under t liability of another y or property dam I organization. Tort li t would be imposed I of any contract or I ide that part of any ad for bodily injury. i arising out of con perations within 50 perty and affecting restle tracks road or crossing chitect engineer or nage arising out of J or failing to pre ps shop drawings rveys field orders awings and specifi or instructions or b f that is the primary damage or 2d if an architect ssumes liability for ising out of the in lure to render pro ding those fisted in ory inspection ar Antiitaa 3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time. 4. 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. Allother parts of the world if the injury or dam age arises out of 1 Goods or producis made or sold by you in the teritory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Employee includes a leased worker. Em ployee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended 1o be. 8. 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 defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement 9. Insured contract means a. o o P A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. A sidetrack agreement Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification 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 dam age to a third person or organization. Tort i ability 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 raiiroad for bodily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those fisted in 2 above and supervisory inspection ar chitectural or engineering activities. Page 13 of 16 CG 00011207 0042 180 Properties Inc. 2006 | 1 |
LHK 8545621 00 2208301 ehicles with the fol ntly attached equip Jipment but will be imarily for but not construction ilar devices mounted chassis and used to and ps and generators ding building clean ration lighting and it does not include ject to a compulsory or other motor vehi where it is licensed sehicles subject to a nsibility law or other w are considered dent including con to substantially the ns. jury means injury y injury arising out offenses nprisonment wrongful entry into orivate occupancy of es that a person oc 1 behalf of its owner in any manner of beis a person or or person s or organi services in any manner of erson s right of pri ertising idea in your opyright trade dress ment. CG 00011207 m 10.Leasad workar means a person leased 0 yoi by 1 12 a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the piace where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered 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 at tached to the aircraft watercraft or auto. v.Mobile equipment means any of the following types of land vehicles including any attached ma chinery 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 propelied or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drilis or 2 Road construction or resurfacing equipment such as graders scrapers or roliers 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 per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self nropelled vehicles with the fol lowing types of permanently attached equip ment 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 clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financiai responsibility law or other motor vehi cle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.. 13.Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or fibeis a person or or ganization or disparages a person s or organi zation s goods products or services. Oral or written publication in any manner of material that violates a person s right of pri vacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisernent. Page 14 of 16 CG 00011207 m IS0 Properties Inc. 2008 nan nan nan nan 43.0 | 1 |
LHK 8545621 00 2208301 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 o be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property dam age 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 pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the ealiest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or 3 Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products compieted operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible properly including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or c b. Loss of use of tangible property that is not physically injured. Ali such loss of use shall be desmed to occur at the time of the occur rence 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 te or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or Any. other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Includes Page 15 of 16 CG 00011207 0044 IS0 Properties Inc. 2006 | 1 |
LHK 9545621 00 2208301 2 Materials. parts or eguipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. 1 Warrantiss or representations mada at any time with respect to the fitness quality du rability performance or use of your prod uct and 2 The providing of or failure to provide wam ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not soid. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and Page 16 of 16 IS0 Properties Inc. 2006 CG 00011207 m nan nan nan nan 45.0 | 1 |
LHK 9545621 00 2208301 LICY NUMBER LHK 9545621 00 s COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. POLICY NUMBER LHK 9545621 00 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 ch employee 1000 Programs 2000000 aggregate Retroactive Date 04272012 Information required 1o complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages No other obligation or liability to pay sums COVERAGE EMPLOYEE BENEFITS or perform acts or services is covered un LIABILITY less explicitly provided for under Supple N mentary Payments. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable fimit of insurance in the payment of judgments or settlements. b. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 CG 04351207 ISO Properties inc. 2006 Page 1of 6 nan nan nan nan 46.0 | 2 |
LHK 9545621 00 2208301 f. Workers Compensation And Similar Laws Any Tclaim arising oui of vour faiiure o comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rty Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reascnable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of empioyment discrimination or other employment related practices.. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply.. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 4. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. 2 When we make sefilement in accor dance with Paragraph a. above. r 2nd orded hw the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts erors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. your employee ns or employees y authorization to e benefit program our legal represen CG 04351207 u SO Properties Inc. 2008 Page 2 of 6 0047 | 2 |
LHK 9545621 00 2208301. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or iimited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Il Limits Of Insurance is replaced by the following 1. Limits Of insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your ernployee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the fimits and resirictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the iast preceding period for purposes of determining the Limits Of Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sched ule applies to all damages sustained by any one employee including such em ployee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespeciive of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect setlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see fo it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 0048 ISO Properties inc. 2006 Page3of6 | 2 |
LHK 9545621 00 2208301 2 The names and addresses of anyone who may suffer damages as a resuli of the act error or omission. b. if a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settiement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be fiable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance. If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. 2 b. Excess Insurance 1 This insurance is excess over any of the othier insurance. whether orimary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. IS0 Properties Inc. 2006 CG04351207 O Page 4 of 6 0049 | 2 |
LHK 9545621 00 2208301 ting Period endorsement rerage shall set forth the it with this Section appli Reporting Period includ effect that the insurance first received during such any other valid and col ailable under policies in ended Reporting Period orting Period is in effect xtended reporting period surance described below st received and recorded eporting Period. g period aggregate imit qual to the dollar amount ule of this endorsement ce. this endorsement will be The Each Employee hedule will then continue Paragraph D.1.c. overage provided by this ng definitions are added ion fo employees in ndents and beneficiaries igibility for or scope of rograms in connection with the rogram or ng or terminating any ipation in any benefit in yee benefit program. tion does not include ions. ns plans authorized by w employees o elect to with pre tax dollars. mand or suit made by employee s dependents damages as the result of n. Page 5of 6 m F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is aftached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Reiroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a writien request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the foliowing definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. ISO Properties Inc. 2006 G 04351207 | 2 |
LHK 9545621 00 2208301 4. Employee benefit program means a program providing some or all of the following benefits pre 5 to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits. Unemployment insurance social security benefits workers compensation and dis ability benefits. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and H. Fi e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. or the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively em 18. ployed formerly employed on leave of ab sence or disabled or refired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent CG04351207 O 1SO Properties Inc. 2006 Page 6 of 6 0051 | 2 |
LHK 9545621 00 2208301 IL 00 21 09 08 CAREFULLY. ION age to bodily injury sulting from hazard r material if a is at any nuclear operated by or on be or b has been dis therefrom al is contained in e at any time pos d processed stored 2d of by or on behalf v property damage shing by an insured parts or equipment in lanning construction on or use of any nu uch facility is located s of America its terri or Canada this ex ly to property dam ar facility and any des radioactive toxic ource material spe roduct material. Page 10f2 a IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy fiability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its fimit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitied to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage io expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuciear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuciear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handied used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the fumishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri fories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 IL 00 21 09 08 0027 S0 Properties Inc. 2007 Page 1 of 2 a | 2 |
LHK 9545621 00 2208301 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear faciiity included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is focated all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 0028 1S0 Properties inc. 2007 IL 00 21 09 08 o | 2 |
LHK 9545621 00 2208301 IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART. LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. L.00 03 09 08 0026 130 Properties Inc. 2007 Page 1 of 1 u | 2 |
LHK 9545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 21960305 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The foliowing exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica refated dust. b. Property damage arising in whole or in part out of the actual alieged threatened or suspected contact with exposure o ex istence of or presence of siiica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence of or presence of silica or silica refated dust. b. Any loss cost or expense arising in whole or in part out of the abating festing for monitoring cleaning up removing contain ing ftreating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. responding to or assessing the effects of C. The following definitions are added to the Defini silica or silica related dust by any in tions Section sured or by any other person or enfity. 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or com bination of silica and other dust or particles. or in part eatened or tion of sil whole or in threatened sure to ex or silica g in whole testing for 1 g contain eutralizing Page 1of 1 o 1S0 Propetties Inc. 2004 CG 21 96 03 05 0023 | 2 |
LHK 8545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of. whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardiess of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus inciud ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 0022 SO Properties Inc. 2003 Page 1of 1 o | 2 |
LHK 9545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure This insurancs does not apply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort fo coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort fo coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21760108 0025 180 Properties Inc. 2007 Page 1 of 1 | 2 |
LHK 9545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 21700108 FHIS ENDORSEMENT CHANGES THE POLICY. PLEASE HEAD IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR 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 If aggregate insured losses aitributable to terrorist acts certified under the federal Terrorism Risk insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shail not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate atiributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21700108 0024 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
LHK 8545621 00 2208301 NERAL LIABILITY CG 21471207 AREFULLY. USION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE R COMMERCIAL GENERAL LIABILITY CG 21471207 D iT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the mjurycausihg event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. c B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Page 1of 1 m IS0 Properties Inc. 2006 CG 21471207 0029 | 2 |
LHK 8545621 00 2208301 COMMERCIAL GENERAL LIABILITY CG 00621202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION This endorsement modifies insurance provided under the foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is repiaced by the fol lowing 2. Exclusions This insurance does not apply to i. War Bodily injury or property damage how ever caused arising directly or indirectiy out of 1 War including undeciared or civii war or 2 Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnei or other agents or Insurrection rebellion revolution usurped power or action taken by gov emmental authority in hindering or de fending against any of these. 3. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to WAR Personal and advertising injury however caused arising directly or indirectly out of a. War including undeclared or civil war or b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or c. Insurrection rebeliion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these.. Exclusion h under Paragraph 2. Exclusions of Section Coverage C Medical Payments does not apply. Medical payments due to war are now subject to Exclusion g. of Paragraph 2. Evrhitcimmne f Cartimm S mrmrmrs 5 B B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to WAR Personal and advertising injury however caused arising directly or indirectly out of a. War including undeclared or civil war or b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or c. Insurrection rebeliion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. C. Exclusion h. under Paragraph 2. Exclusions of Section Coverage C Medical Payments does not apply. Medical payments due to war are now subject to Exclusion g. of Paragraph 2. Exclusions of Section Coverage C Medical Payments since bodily injury arising out of war is now excluded under Coverage A. CG 00 62 12 02 0020 180 Propertties Inc. 2002 Page 1 of 1 u | 2 |
LHK 9545621 00 2208301 POLICY NUMBER LHK 9545621 00. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ i1 CAREFUL AMENDMENT OF LIQUOR LIABILITY EXCLUSION EXCEPTION FOR SCHEDULED ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Descrintion of A ctivitvlies Description of Activityies Description of Activityies If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Exclusion. of COVERAGE A Section I is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the Jegal drinking age or under the influence of aleohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic bever ages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or liveli hood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. However this exclusion does not apply to bodily injury or property damage arising out of the sell ing serving or furnishing of alcoholic beverages at the specific activityies described above. CG 2151 09 89 0021 Copyright Insurance Services Office Inc. 19891992 | 2 |
LHK 8545621 00 2208301 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS LIABILITY EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS POLICY COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of any actual or alleged 1. Inhaling ingesting or prolonged physical exposure by any person to asbestos or asbestos fibers or goods or products containing asbestos or Use of asbestos in constructing or manutacturing any good product or structure or Intentional or accidental removal including encapsulation dispersal sealing or disposal of asbestos or asbestos fibers from any good product or structure or Manufacture transportation storage or disposal of asbestos or goods or products containing ashestos or Product manufactured sold handled or distributed by or on behalf of the insured which contain asbestos or Acts or omissions of the insured in connection with the general supervision of any job involving the removal enclosure encapsulation dispersal sealing or disposal of asbestos asbestos fibers or products containing asbestos. General supervision includes the rendering of or failure to render any instructions recommendations warnings or advice. 421 0022 ED 12 90 nan nan nan nan 13.0 | 2 |
LHK 9545621 00 2208301 RECORDING AND DISTRIBUTION O INFORMATION IN VIOLATION OF L COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 TiON OF MATERIAL OR AW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Prop erty Damage Liability is replaced by the follow ing 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage 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 inciuding any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance 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 transmit ting communicating or distribution of material or information. 3 4 B. Exclusion p. of Paragraph 2. Exclusions of Sec tion 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 arising di rectly or indirectly out of any action or omis sion 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 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance 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 transmit ting communicating or distribution of material or information. 3 4 Page 1 of 1 o CG 00 68 05 09 0012 Insurance Services Office Inc. 2008 | 2 |
LHK 9545621 00 2208301 NOTICE TO POLICYHOLDERS TERRORISM COVERAGE ACCEPTANCE The Terrorism Risk Insurance Act of 2002 established a program Terrorism Risk Insurance Program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of ioss from future terrorist attacks. That Program was extended by the federal government under the Terrorism Risk Insurance Program Reauthorization Act of 2007 and will not expire until December 31 2014. Your policy will become effective or will be renewed with the coverage provided under the new act and you have elected to purchase terrorism coverage. This Notice is being provided to you for the purpose of summarizing your coverage. The summary is a brief synopsis of significant exclusionary provisions and limitations. This Notice does not form a part of your insurance contract. The Notice is designed to alert you 1o coverage restrictions and to other provisions in certain terrorism endorsements in this policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. Carefully read your policy including the endorsements attached to your policy. YOUR POLICY AT THE START OF YOUR NEW POLICY TERM CG 2170 The coverage for certified acts of terrorism is subject to the statutory 100 billion cap on liability for losses and subject to the nuciear hazard exclusion and all other underlying policy exclusions. Coverage for acts of terrorism that are not certified for example acts which do not exceed the dollar threshold for federal certification or acts which occur outside the jurisdictional boundary of the federal program is not subject to the statutory cap. The coverage for certified acts of terrorism is more fully defined in the endorsement. This coverage is subject to a limit on our liability pursuant to the federal Terrorism Risk Act Program Reauthorization Act of 2007. With respect to certified acts of terrorism and acts of terrorism that are not certified the policy exclusions for example the nuclear hazard and war exclusions and other policy provisions continue to apply. CG 2176 The endorsement excludes punitive damages either directly or indirectly arising out of a certified act of terrorism and for which you are awarded damages. Neither the federal government nor insurance company is obligated to pay punitive damages See the definition of terrorism for purposes of the terrorism exclusion. 401 1135 01 08 nan nan nan nan 11.0 | 2 |
LHK 9545621 00 2208301 THIS ENDORSEMENT IS. TACHED TO AND MADE PART Or YOUR POLICY iN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT AS AMENDED. THIS ENDORSEMENT DOES NOT GRANT ANY COVERACE OR CHANGE THE TERMS AND CONDITICNS OF ANY COVERAGE UNDER THIS POLICY. Policy Number LHK 9545621 00 NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM ACCEPTANCE OF COVERAGE Coverage for acts of terrorism as defined in Section 1021 of the Terrorism Risk nsurance Act Act is included in your policy. You are hereby notified that under the Act as amended in 2007 the definition of act of terrorism has changed. The term act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an aci that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuais 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. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Act as amended. Your policy however may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. DISCLOSURE OF 100 BILLION CAP The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. Premium for terrorism if any is stated below DISCLOSURE OF PREMIUM Total Terrorism Premium Fire Following Premium Other than Fire Following Premium 401 1127 0108 nan nan nan nan 10.0 | 2 |
LHK 9545621 00 2208301 THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. We have caused this policy to be signed by our President and Secretary and countersigned on the declarations page where required by a duly authorized agent of the company. The Hanover Insurance Company 440 Lincoln Street Worcester Massachuseits 01653 Gk Marita Zuraitis President Charles F. Cronin Secretary SIG0001 0605 nan nan nan nan 6.0 | 2 |
CNA i g CNA PARAMOUNT Renewal Effective Date 09102017 Insured Name GOULD EVANS PA 4041 MILL ST KANSAS CITY MO 64111 3008 Policy Number 5099654653 Policy Period 09102017 09102018 Producer s Information LOCKTON COMPANIES LLC Producer Code 060692 444 W. 47TH ST. 900 KANSAS CITY MO 64112 816 960 9000 CNA Branch Number 310 CNA Branch Name and Address KANSAS CITY BRANCH 7400 COLLEGE BLVD. STE. 650 OVERLAND PARK KS 66210 913661 2700 Thank you for choosing CNA With your CNA Paramount package policy you have insurance coverage tailored to meet the needs of your modern business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services There When You Need Us Claims are reported through a single point of entry available 247 connecting you to the individuals and information to help you resume your business when you need it most. To report a claim please call 877 CNA ASAP fax 800 953 7389 email lossreportcnaasap.com or visit www.cna.comclaim. Risk Control Services Help Avoid A Claim Before It Occurs As a CNA policyholder you have access to certified risk control professionals risk mitigation programs and online resources to help identify and manage exposures that may disrupt your operation. We collaborate with business leaders to develop customized programs to assist you in safeguarding your assets and improving the bottom line. To learn how our award winning Risk Control services can help your business please call 866 262 0540 email us at riskcontrolwebinfocna.com or visit www.cna.comriskcontrol. When it comes to providing the coverage service and resources paramount to your business success... we can show you more. sured Name OULD EVANS PA 041 MILL ST ANSAS CITY MO 64111 3008 olicy Number 5099654653 roducer s Information OCKTON COMPANIES LLC 44 W. 47TH ST. 900 ANSAS CITY MO 64112 816 960 9000 Branch Number 310 Branch Name and Address ANSAS CITY BRANCH 400 COLLEGE BLVD. STE. 650 VERLAND PARK KS 66210 PR Policy Period 09102017 0910201 Producer Code 060692 INSURED Copyright CNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Policy Holder Notice Countrywide IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM Solely with respect to the following coverage parts General Liability Employee Benefits Liability Stop Gap Liability i g THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES CNAB2820XX 2 15 Copyright CNA All Rights Reserved. Page 1 of 2 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Policy Holder Notice Countrywide If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Calendar year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Calendar year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNAB2820XX 2 15 Page 2 of 2 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Policy Holder Notice Florida IMPORTANT INFORMATION FOR OUR FLORIDA POLICY HOLDERS Per 1992 House Bill Number 141 H every insurer transacting insurance in Florida is required to collect a surcharge of 0.1 on all Fire Allied Lines and Multi Peril insurance premiums written on commercial property located within the state. The 0.1 surcharge will be applied to all coverage premiums on monoline and package property policies. The purpose of the surcharge is to develop funds for the Fire College Trust Fund. If you have any questions please contact your CNA independent agent. 1126597596609E50002003 CNAB2826FL 09 12 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
i g cA CNA PARAMOUNT Policy Holder Notice Countrywide IMPORTANT INFORMATION PREVENT UNEXPECTED PREMIUM CHARGES AT FINAL AUDIT GENERAL LIABILITY LIMITS WE REQUIRE FOR SUBCONTRACTORS YOU HIRE Please read this IMPORTANT INFORMATION notice carefully if you hire subcontractors to perform work for you. Your General Liability insurance premiums may increase substantially at final audit if your subcontractors do not carry the minimum General Liability insurance limits we require as defined below. To prevent your General Liability insurance premiums from increasing at final audit your subcontractors must carry a General Liability policy which is written on an occurrence basis and which provides Limits of Insurance as follows 1000000 Any One Occurrence Coverage A 1000000 Any One Person or Organization Coverage B 1000000 Products Completed Operations Aggregate 1000000 General Aggregate In certain exception cases higher Limits of Insurance than those specified above may be required. Your agent will be notified of these exception cases in writing when they exist. How This Requirement Can Affect Your General Liability Premium at Final Audit At final premium audit we will ask you to provide us with Certificates of Insurance for all subcontractors who worked for you during the policy period to confirm that they carried the General Liability limits of insurance we require as stated above. Work you subcontract to other contractors whose General Liability limits of insurance meet the requirements shown above will be rated on a subcontract cost basis which is significantly less expensive for you than treating these subcontract costs as ratable payroll as described below. Any subcontractor of yours who carries General Liability limits of insurance less than those stated above and any of your subcontractors for whom we are not provided Certificates of Insurance will be treated as your employees for rating purposes. The associated subcontract costs will be treated as ratable payroll on your policy resulting in an additional premium charge at final audit. Prevent Unexpected Premium Charges at Final Audi Require Evidence Of 1000000 General Liability Limits From All Of Your Subcontractors To avoid additional premium charges at final audit caused by your subcontract costs being treated as ratable payroll and to reduce the risk of your General Liability insurance being tapped to cover claims arising out of your subcontractor s work we urge you to obtain Certificates of Insurance from your subcontractors prior to their beginning work evidencing the General Liability limits of insurance stated above. In addition to providing coverage information for their General Liability insurance these Certificates of Insurance should also provide coverage information for your subcontractor s Automobile Worker s Compensation and Umbrella insurance. Please contact your agent if you have any questions regarding these requirements or if you would like help in determining the adequacy of the insurance carried by any of your subcontractors. CNA74722XX 01 15 Page 1 of 1 Copyright GNA All Rights Reserved. | 2 |
i g CNA CNA PARAMOUNT Policy Holder Notice Texas Risk Control Services Available IMPORTANT INFORMATION RISK CONTROL SERVICES AVAILABLE TO OUR GENERAL LIABILITY POLICYHOLDERS DOING BUSINESS IN THE STATE OF TEXAS As your general liability insurance carrier we encourage you to take steps to provide a safe and healthy facility and premises for the general public. While CNA can not assume this responsibility we can assist you with the following services Surveys of your premises to identify actual or potential areas of loss Recommendations based on said surveys Evaluation of your liability accident prevention program Training of supervisory personnel Consultation on Risk Control technical problems andor questions Analysis of previous accidents Industrial Hygiene services N o o s N Accident prevention materials including safety bulletins posters and training aids. The above services are available to our policyholders at no additional charge and shall be provided upon request directly to the policyholder. We have professional resources available to assist you or can provide support material for your continuing accident prevention efforts. If you would like more information on our liability safety and management programs please call or write CNA Insurance Companies Attn Risk Control Plaza of the Americas 700 N. Pearl Street Dallas Texas 75201 866 262 0540 Again if you have any questions or would like to discuss these services please give us a call at the phone number listed above. For additional resources visit our website at www.cna.com. w VA Policy Ho RSNy CNA74999TX 10 16 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
i g CNA CNA PARAMOUNT Policy Holder Notice Countrywide Premium Basis Used on Liability Schedules Premium Basis Used on Liability Schedules This policy includes one or more Liability coverages with associated Schedules of locations coverages or classifications. When such Schedules display an Exposure amount used to calculate premium the Exposure amount is often followed by an abbreviation that denotes what the Exposure amount represents Payroll Gross Sales Area etc.. Such abbreviations are described below. A Area Per 1000 Sq. ft. AC Acres Each AD Activity Days Each AN Animals Each AP Airports Each AT Attendants Each AU Audited Premium Last Year of Manufacture B Bodies Each BA Bales Per 1000 Bales BD Beds Each BE Beaches Each BO Boats Each C Total Cost Per 1000 of Total Cost CD Camper Days Each Camper Day CN Contestants Each CU Convention Days Each CW Cost of Work Per 1000 of Total Cost of Work DB Drawbridges Each DM Dams Each DW Dwellings Each E Each Per Entity Described EM Employees Each ES Solar Energy Systems Each ET Turbines Each EX Exhibitions Each F Flat Charge Flat Premium Charge FG Fairgrounds Each FM Faculty Members Each FP Fishing Piers Each G Graduates Each GA Games Each CNA75144XX 04 15 P Payroll PD Passenger Days PG Picnic Grounds PP Parks Playgrounds PR Parades PS Persons PU Pupils R Receipts RG Registrants RN Range RV Revenue Copyright CNA All Rights Reserved OE Operating Expenditures GL Gallons Per 1000 Gallons GS Grandstands Bleacher Each H Number of Golf Holes Each HO Hoists Each HQ Headquarters Each K Kennels Each L Limit Limit of Insurance for Coverage LD Locations Days Each LE Lessees Each LO Locations Each LR Lakes Reservoirs Each LW Lawyers Each M Admissions Per 1000 Admissions ME Members Each MH Model Homes Each Ml Miles Each NB Newsboys Each O Operators Each Per 1000 of Operating Expenditures Per 1000 of Payroll Per 1000 Passenger Days Each Each Each Each Each Per 1000 of Receipts Each Each Per 1000 of Revenue Page 1 of 2 wVA Pollcy Holder No tands Bleacher r of Golf Holes arters 5 1 imit af Inetirance far C 1S bays ons Per 1000 Ad Page 1 of 2 | 2 |
CNA CNA PARAMOUNT Policy Holder Notice Countrywide Premium Basis Used on Liability Schedules S Gross Sales SA Classification SB Sub 336 Premium SC Scouts SD Students SE Seats SG Total GL Premium SH Shows SL 334336 Premium Per 1000 of Gross Sales Total Class Specific Premium Products Completed Operations Premium Each Each Each General Liability Premium Each Premises Operations and Products Completed Operations Premium SP Swimming Pools ST Stations SU Sub 334 Premium TE Teams TO Towers U Unit VE Vehicles VO Volunteers WC WC Premium Z Zoos Each Each Premises Operations Premium Each Each Per Dwelling Unit Per 1000 Vehicles Each Per 1000 of Workers Compensation Premium Each wVA Pollcy Holder No Tof Premium CNA75144XX 04 15 Page 2 of 2 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Policy Declarations Policy Number 5099654653 Renewal of 5099654653 Policy Name VALLEY FORGE INSURANCE COMPANY Issued by Address 333 S. WABASH CHICAGO IL. 60604 Producer Code 060692. Name LOCKTON COMPANIES LLC Producer s Address 444 W. 47TH ST. 900 Information KANSAS CITY MO 64112 1. Named Insured Name GOULD EVANS PA Address 4041 MILL ST KANSAS CITY MO 64111 3008 2. Coverage The coverage parts attached to and Parts forming part of this Policy General Liability Employee Benefits Liability Stop Gap Liabilit 3. Policy Period Effective date from to At 1201 A.M. Standard Time at your 09102017 09102018 mailing address shown above 4. Limits of Insurance and Deductibles See Coverage Part Declarations 5. Premium Surcharges See CuveragePPan Declaralins for Coverag fan Taxes and remium surcharges taxes and fees Fees at Total Premium and applicable taxes surcharges and fees 11715.00 Issuance Policy Issued by Producer s Information Name Address Total Premium and applicable ta CNA62639XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Policy Declarations. Forms and Endorsements Attached to this See Schedule of Forms and Endorsements Policy at Issuance These Declarations along with any attached forms and endorsements shall constitute the contract between the Insureds and the Insurer. See Schedule of Forms and Endorsements CNA62639XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Schedule of Forms and Endorsements Policy Number 5099654653 I. CNA PARAMOUNT A Policyholder Notices Endmt Form Title Form Number Form Number Edition Policy Holder Notice Countrywide CNA62820XX 02 15 Policy Holder Notice Florida CNA62826FL 09 12 Policy Holder Notice Countrywide CNA74722XX 01 15 Policy Holder Notice Texas CNA74999TX 10 16 Policy Holder Notice Countrywide Premium Basis CNA75144XX 04 15 Used on Liability Schedules B. Policy Terms Conditions Policy Declarations CNA62639XX 09 12 Schedule of Forms and Endorsements CNA62640XX 09 12 Common Terms and Conditions CNA62642XX 10 15. POLICY COVERAGE PARTS F. General Liability General Liability Coverage Part Declarations CNA74694XX 01 15 Additional Declarations General Liability CNA75126XX 01 15 Schedule of Locations and Coverages Commercial General Liability Coverage Part CG0001 04 13 1 Architects Engineers and Surveyors General CNA74858XX 01 15 Liability Extension Endorsement 2 General Aggregate Limit Per Project Endorsement CNA75061XX 01 15 3 Blanket Additional Insured Owners Lessees or CNA75079XX 01 15 Contractors with Products Completed Operations Coverage Endorsement 4 Pollution Exclusion Amendatory Endorsement CNA74843XX 01 15 CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Schedule of Forms and Endorsements Policy Number 5099654653 Endmt Form Title Form Number Form Number Edition 5 Fungi Mold Mildew Yeast Microbe Exclusion CNA74708XX 01 15 Endorsement 6 Employment Related Practices Exclusion Endorsement CNA74761XX 01 15 7 contractors Professional Liability Exclusion CNA74801XX 01 15 Endorsement 8 Residential Construction Defect Products Completed CNA74862XX 01 15 Operations Exclusion Endorsement 9 Construction Wrap Up Program Exclusion Endorsement CNA74863XX 01 15 10 Exterior Finish System Products Completed CNA74892XX 01 15 Operations Property Damage Exclusion Endorsement 11 Engineers Architects or Surveyors Professional CNA74980XX 01 15 Liability Exclusion Endorsement 12 Exclusion Access or Disclosure of Confidential CNA75089XX 01 15 or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement G. Employee Benefits Liability Employee Benefits Liability Coverage Part CNA74693XX 01 15 Declarations Additional Declarations Employee Benefits CNA75133XX 01 15 Liability Schedule of Locations and Coverages Employee Benefits Liability Coverage Part CNA74721XX 01 15 Occurrence l. Stop Gap Liability Stop Gap Coverage Part Declarations CNA74830XX 01 15 Additional Declarations Stop Gap Liability CNA75134XX 01 15 Schedule of Locations and Coverages Stop Gap Liability Coverage Part CNA74934XX 01 15 CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Schedule of Forms and Endorsements Policy Number 5099654653 Endmt Form Title Form Number Form Number Edition 13 Duty to Defend Endorsement Wyoming CNA74920WY 01 15 14 Stop Gap Liability Coverage Endorsement Ohio CNA752670H 01 15 15 State Amendatory Endorsement Stop Gap Liability CNA75267WA 01 15 Washington lll. POLICY ENDORSEMENTS 16 Broad Named Insured Endorsement CNA75108XX 01 15 17 Bridge Endorsement CNA62646XX 01 15 18 cCancellation Non Renewal Arizona CNA62814AZ 09 12 19 Amendatory Endorsement Arizona CNA62815AZ 09 12 20 cCalculation of Premium Endorsement CNA74726XX 01 15 21 Asbestos Exclusion Endorsement CNA74719XX 01 15 22 Nuclear Energy Liability Exclusion Endorsement CNA74727XX 01 15 Broad Form 23 Cap on Losses from Certified Acts of Terrorism CNA81503XX 02 15 Endorsement CNA62640XX 09 12 Copyright CNA All Rights Reserved | 2 |
50020005350096546539218 cA CNA PARAMOUNT Common Terms and Conditions The Insurer and the Named Insured in consideration of the payment of the premium and in reliance upon all statements made in the application furnished to the Insurer designated in the Policy Declarations a stock insurance corporation hereafter called the Insurer agree as follows. Terms in bold face type have special meaning as set forth in any applicable First Party Glossary of Defined Terms or the applicable coverage parts of this Policy. All headings are also in bold whether or not they contain defined terms. See Section XVI HEADINGS below. ASSIGNMENT OF INTEREST Assignment of interest under this Policy shall not bind the Insurer unless its consent is endorsed to this Policy except in the case of death of a natural person Named Insured.. BANKRUPTCY Bankruptcy or insolvency of any Named Insured or of the Named Insured s estate shall not relieve the Insurer of any of its obligations hereunder. CANCELLATION NONRENEWAL A. Insurer s Right to Cancel The Insurer may cancel this policy by providing to the First Named Insured written notice of such cancellation stating when not less than 10 days thereafter such cancellation shall be effective if such cancellation is due to non payment of premium. If cancellation is due to any other reason such notice shall be provided not less than 60 days thereafter. B. Named Insured s Right to Cancel The First Named Insured may cancel this Policy by providing the Insurer written notice stating when thereafter such cancellation shall be effective. The mailing or delivery of such notice shall be sufficient. C. Premium Refund If this policy is cancelled the Insurer will send the First Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the First Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. D. Nonrenewal If the Insurer decides not to offer any renewal terms for this Policy the Insurer shall provide written notice to the Named Insured at least 60 days prior to the Policy expiration date. The notice shall include the reason for such non renewal. E. Notices If any notice required under this Section is mailed proof of mailing will be sufficient proof of notice. IV. CHANGES Notice to or knowledge possessed by any agent or other person acting on behalf of the Insurer shall not effect a waiver or a change in any part of this Policy or stop the Insurer from asserting any right under the provisions of this Policy nor shall the provisions be waived or changed except by written endorsement issued to form a part of this Policy.. CONFORMITY TO STATUTE Terms of these conditions or any coverage part that are in conflict with the statutes of the state in which this policy is issued are hereby amended to conform to such statutes. N e e o 8126E59759660585000200 CNAB2642XX 10 15 Page 1 of 3 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Common Terms and Conditions VI. COORDINATION AMONG COVERAGE PARTS Subject always to the applicable Limit of Liability should two or more coverage parts apply to the same loss the Insurer will not pay more than the Named Insured s actual loss. VIl. COVERAGE PART TERMS AND CONDITIONS The terms and conditions of each coverage part apply only to that coverage part and shall not apply to any other coverage part. If any provision in the Common Terms and Conditions is inconsistent or in conflict with the terms and conditions of any coverage part the terms and conditions of such coverage part shall control for purposes of that coverage part. Viil. CURRENCY All premiums limits deductibles and other amounts stated or payable under this Policy are expressed and payable in the currency of the United States of America. If any payments due under this Policy are stated or incurred in a currency other than United States of America dollars payment under this Policy will be made in United States of America dollars at the rate of exchange published in The Wall Street Journal on the date the Insurer s obligation to pay such amount is established or if not published on such date the next publication date of The Wall Street Journal.. ENTIRE AGREEMENT The Named Insureds agree that this Policy constitutes the entire contract existing between them and the Insurer or any of its agents relating to this insurance.. EXAMINATION OF THE INSURED S BOOKS AND RECORDS The Insurer may examine and audit any Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. XI. INSPECTIONS AND SURVEYS The Insurer has the right but not the obligation to A. make inspections and surveys at any time B. provide reports on the conditions it finds C. recommend changes or D. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any entity to provide for the health or safety of workers or the public 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. XIl. LIBERALIZATION If the Insurer adopts any revision that would broaden the coverage under this Policy without additional premium within 60 days prior to or during the policy period the broadened coverage will immediately apply to this Policy. N e e o CNAB2642XX 10 15 Page 2 of 3 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Common Terms and Conditions XIll. NAMED INSURED AUTHORIZATION AND NOTICES The First Named Insured agrees that it will act on behalf of all Named Insureds with respect to the giving of all notices to the Insurer the receipt of notices from the Insurer the payment of the premiums the receipt of any return premiums that may become due under this Policy and the acceptance of endorsements. Any notices required under the CANCELLATION NON RENEWAL sections of this Policy shall be provided to the First Named Insured at the last known address and to its insurance agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. XIV. NO SUIT AGAINST INSURER A. No suit shall be brought under this Policy by anyone other than the Named Insured. The Named Insured may not bring any such suit action or legal proceeding unless as a condition precedent there shall have been full compliance with all the provisions of this Policy and 1. with respect to any property coverage part the action is brought within 3 years after the date on which the loss or damage occurred or with respect to any crime coverage the date the loss was discovered 2. with respect to any third party coverage part the amount of the Named Insured s obligation to pay shall have been finally determined either by final and nonappealable judgment against the Named Insured after trial or by written agreement of the Named Insured the claimant and the Insurer. However if any law prohibits such time limitation then the limitation is amended to equal the minimum time limitation required by such law. B. No person or organization shall have any right under this Policy to join the Insurer as a party to any suit against the Named Insured to determine the Named Insured s liability nor shall the Insurer be impleaded by the Named Insured or their legal representatives in any such suit. XV. TRADE AND ECONOMIC SANCTIONS This Policy does not provide coverage for any Named Insured transactions or any loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. XVI. HEADINGS The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its Chairman and Secretary at Chicago lllinois but the same shall not be binding upon the Insurer unless countersigned by a duly authorized representative of the Insurer. i g Chairman Secretary wmw N e e o MMAN CNAB2642XX 10 15 Page 3of 3 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Professional Services General Liability Coverage Part Declarations Policy Number 5099654653 1. Named Name GOULD EVANS PA Insured and mailing address Address 4041 MILL ST KANSAS CITY MO 64111 3008 2. Type of. Organization Corporation 3. Limits of Insurance Deductible General Aggregate Limit 2 000000 Products Completed Operations Aggregate Limit 2000000 Personal And Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit 1000000 Medical Expense Limit Any One Person 15000 15000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 11286.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 11286.00 Your Premium includes the following amount for Certified Acts of Terrorism 113.00 5. Audit Period Annual e Insured and mailing address Insurance Deductible Fees at Issuance CNA74694XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA PARAMOUNT CNA Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Policy Level P Premium Estimated Coverage Hazard Description Exposure s Rate Eremitn Increased Damages for Premises Rented to 270 you Estimated premium for Increased Limits for Damage to Premises is determined based on tiered rates depending on the number of locations Architects Engineers and Surveyors SL 2 191 Extension No field work General Contractor s Blanket Additional SL 12 1148 Insured Location Level Location Number Location Address 1 706 MASSACHUSETTS ST LAWRENCE KS 66044 Coverage Hazard Description Exposure Psii Rate Eps eid Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations 784500 P.428 336 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations 285821 P.524 150 Location Sub Total 486 CIVA sJell LOU LLC Lbelitldl AgyLieygdice CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Coverage Hazard Description Exposure Premium Basis Rate Estimated Premium Location Number 2 Location Address 4041 MILL ST KANSAS CITY MO 64111 Coverage Hazard Description Exposure Rate Estimated Premium Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations 2825500 P.419 1184 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations 2054365 P 1687 Location Sub Total 2871 Location Number 3 Location Address 107 S FRANKLIN ST TAMPA FL 33602 Coverage Hazard Description Exposure Premium Basis Rate Estimated Premium Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P 0 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. CIVA S SuJELL LU LUE ARlELaL AYYLiEgaels imit. SuJELL LU LUE ARlELaL AYYLiEgaels imit. CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level P Premium Estimated Coverage Hazard Description Exposure s Rate Eremitn Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P 836 0 Location Sub Total 0 Location Number Location Address 4 521 S 3RD ST PHOENIX AZ 85004 P Estimated Coverage Hazard Description Exposure Rate Bremiting Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations 1935296 P 313 606 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations 869039 P 631 548 Location Sub Total 1154 Location Number Location Address 5 95 BRADY ST SAN FRANCISCO CA 94103 P Estimated Coverage Hazard Description Exposure Rate Bremiting Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. CIVA PR sJell LOU LLC Lbelitldl AgyLieygdice CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level P Estimated Coverage Hazard Description Exposure Rate Eremitn Premises Operations 1252575 P 1.193 51494 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations 892750 P 2.788 2489 Location Sub Total 3983 Location Number Location Address 6 3308 MAGAZINE ST NEW ORLEANS LA 70115 P Premium Estimated Coverage Hazard Description Exposure oo Rate Bremiting Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations 269400 P 1.675 451 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations 203500 P 3.042 619 Location Sub Total 1070 Location Number Location Address 11 OPERATIONS IN THE STATE OF MASSACHUSETTS BOSTON MA 02101 CIVA sJell LOU LLC Lbelitldl AgyLieygdice TATE OF MASSACHUSETTS CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Coverage Hazard Description Exposure Premium Basis Rate Estimated Premium Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P.707 0 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P 1.629 0 Location Sub Total 0 Location Number Location Address 12 OPERATIONS IN THE STATE OF TEXAS AUSTIN TX 78701 Coverage Hazard Description Exposure Rate Estimated Premium Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P.537 0 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P 0 Location Sub Total 0 CIVA s L LU LR ARlELaL AYhLiEgals TATE OF TEXAS SuJELL LU LUE ARlELaL AYYLiEgaels imit. CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations General Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Coverage Hazard Description Exposure Rate Estimated Premium Location Number Location Address 13 OPERATIONS IN THE STATE OF UTAH SALT LAKE CITY UT 84101 Coverage Hazard Description Exposure Premium Basis Rate Estimated Premium Class Code 91805 Draftsmen. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P.373 0 Class Code 92663 Engineers or Architects consulting not engaged in actual construction. Products completed operations are subject to the General Aggregate Limit. Premises Operations If Any P 0 Location Sub Total 0 CIVA UTAH SuJELL LU LUE ARlELaL AYYLiEgaels imit. CNA75126XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word Insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in bold have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the Insured against any suit seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no Insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed Insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 5002000535009654653922 c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodil damage or injury or property 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. CG0001 04 13 Page 1 of 20 P T. N T 1 V226ES9VS9660E50002008 Page 1 of 20 Copyright Insurance Services Office Inc. 2012 | 0 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the Insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an Insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an Insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same Insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any Insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that Insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law. P T. N T 1 CG0001 04 13 Page 2 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Employer s Liability Bodily injury to 1 An employee of the Insured arising out of and in the course of a Employment by the Insured or b Performing duties related to the conduct of the Insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the Insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the Insured under an Insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Atorfrom any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than that additional Insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any Insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor P T. N T 1 S226ES9VSI660ES000200 CG0001 04 13 Page 3 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the Insured 4 Liability assumed under any Insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph.2 or f.3 of the definition of mobile equipment. P T. N T 1 CG0001 04 13 Page 4 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any Insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or Personal property in the care custody or control of the Insured 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage To Your Product Property damage to your product arising out of it or any part of it. I. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. P T. N T 1 9226ES9VS9660ES000200 Paragrap Paragrap operatio k. Damage Property I. Damage Property operatio CG0001 04 13 Page 5 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section lll Limits Of Insurance. CG0001 04 13 Page 6 of 20 P T. N T 1 Page 6 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
i g cA CNA PARAMOUNT Commercial General Liability Coverage Part COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the Insured against any suit seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the Insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the Insured. e. Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. CG0001 04 13 Page 7 of 20 P T. N T 1 L226ES9VSI660SES000200 Page 7 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an Insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. I Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. CG0001 04 13 Page 8 of 20 P T. N T 1 Page 8 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
i g cA CNA PARAMOUNT Commercial General Liability Coverage Part p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any Insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any Insured or a tenant of any Insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any Insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. P T. N T 1 Toany Ir b. Hired Pe To a per c. Injury O To a per d. Workers To a per provided CG0001 04 13 Page 9 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an Insured we defend All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. Al court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an Insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the Insured has assumed the liability of the indemnitee in a contract or agreement that is an Insured contract This insurance applies to such liability assumed by the Insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the Insured in the same Insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee The indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit CG0001 04 13 Page 10 of 20 P T. N T 1 Page 10 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
i g cA CNA PARAMOUNT Commercial General Liability Coverage Part c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an Insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an Insured. Your members your partners and their spouses are also Insureds but only with respect to the conduct of your business. c. A limited liability company you are an Insured. Your members are also Insureds but only with respect to the conduct of your business. Your managers are Insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an Insured. Your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are also Insureds but only with respect to their liability as stockholders. e. Atrust you are an Insured. Your trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following is also an Insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are Insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. CG0001 04 13 Page 11 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an Insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. P T. N T 1 CG0001 04 13 Page 12 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifaclaim is made or suit is brought against any Insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. i g You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved Insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part CG0001 04 13 Page 13 of 20 P T. N T 1 0E26E5959660585000200 Page 13 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an Insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That s Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional Insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the Insured against any suit if any other insurer has a duty to defend the Insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self Insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. P T. N T 1 CG0001 04 13 Page 14 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the First Named Insured. c. The First Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the First Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each Insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the Insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring suit or transfer those rights to us and help us enforce them. 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. 50020005350096546539231 If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or CG0001 04 13 Page 15 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an Insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement P T. N T 1 CG0001 04 13 Page 16 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
i g cA CNA PARAMOUNT Commercial General Liability Coverage Part That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. b. 4 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos CG0001 04 13 Page 17 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. P T. N T 1 CG0001 04 13 Page 18 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
i g cA CNA PARAMOUNT Commercial General Liability Coverage Part b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. suit includes a. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. CG0001 04 13 Page 19 of 20 P T. N T 1 Copyright Insurance Services Office Inc. 2012 | 1 |
cA CNA PARAMOUNT Commercial General Liability Coverage Part 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. P T. N T 1 CG0001 04 13 Page 20 of 20 Copyright Insurance Services Office Inc. 2012 | 1 |
50020005350096546539234 cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement then that other endorsement controls with respect to such provision and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS Additional Insureds Additional Insured Primary And Non Contributory To Additional Insured s Insurance Additional Insured Extended Coverage Boats Bodily Injury Expanded Definition Broad Knowledge of Occurrence Notice of Occurrence Broad Named Insured RIN e IN Contractual Liability Railroads 9. Estates Legal Representatives and Spouses 10. Expected Or Intended Injury Exception for Reasonable Force 11. General Aggregate Limits of Insurance Per Location 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures Partnership Limited Liability Companies 15. Legal Liability Damage To Premises 16. Liquor Liability 17. Medical Payments 18. Non owned Aircraft Coverage 19. Non owned Watercraft 20. Personal And Advertising Injury Discrimination or Humiliation 21. Personal And Advertising Injury Contractual Liability 22. Property Damage Elevators 23. Retired Partners Members Directors And Employees 24. Supplementary Payments 25. Unintentional Failure To Disclose Hazards 26. Waiver of Subrogation Blanket 27. Wrap Up Extension OCIP CCIP or Consolidated Wrap Up Insurance Programs CNA74858XX 1 15 Policy No 5099654653 Page 10of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through 1. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement provided such contract or agreement 1 is currently in effect or becomes effective during the term of this Coverage Part and 2 was executed prior to a the bodily injury or property damage or b the offense that caused the personal and advertising injury for which such additional insured seeks coverage. b. However subject always to the terms and conditions of this policy including the limits of insurance the Insurer will not provide such additional insured with 1 a higher limit of insurance than required by such contract or agreement or 2 coverage broader than required by such contract or agreement and in no event broader than that described by the applicable paragraph A. through I. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured but only with respect to such person or organization s liability for bodily injury property damage or personal and advertising injury arising out of 1. such person or organization s financial control of a Named Insured or 2. premises such person or organization owns maintains or controls while a Named Insured leases or occupies such premises provided that the coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. B. Co owner of Insured Premises A co owner of a premises co owned by a Named Insured and covered under this insurance but only with respect to such co owner s liability for bodily injury property damage or personal and advertising injury as co owner of such premises. C. Engineers Architects or Surveyors Engaged By You An architect engineer or surveyor engaged by the Named Insured but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by the Named Insured s acts or omissions or the acts or omissions of those acting on the Named Insured s behalf a. in connection with the Named Insured s premises or b. in the performance of the Named Insured s ongoing operations. But the coverage hereby granted to such additional insureds does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by on behalf of or for the Named Insured including but not limited to CNA74858XX 1 15 Policy No 5099654653 Page 2 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 1. the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2. supervisory inspection architectural or engineering activities. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by the Named Insured s maintenance operation or use of such equipment provided that the occurrence giving rise to such bodily injury property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of such land provided that the occurrence giving rise to such bodily injury property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured or such owner or lessor s real estate manager but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of such part of the premises leased to the Named Insured and provided that the occurrence giving rise to such bodily injury or property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. G. Mortgagee Assignee or Receiver A mortgagee assignee or receiver of premises but only with respect to such mortgagee assignee or receiver s liability for bodily injury property damage or personal and advertising injury arising out of the Named Insured s ownership maintenance or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations new construction or demolition operations performed by on behalf of or for such additional insured. i g H. State or Governmental Agency or Subdivision or Political Subdivisions Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision s liability for bodily injury property damage or personal and advertising injury arising out of 1. the following hazards in connection with premises a Named Insured owns rents or controls and to which this insurance applies a. the existence maintenance repair construction erection or removal of advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoistaway openings sidewalk vaults street banners or decorations and similar exposures or b. the construction erection or removal of elevators or c. the ownership maintenance or use of any elevators covered by this insurance or CNA74858XX 1 15 Policy No 5099654653 Page 3 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y SEZ6ES9VSI660ES000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured s behalf. The coverage granted by this paragraph does not apply to a. Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision or b. Bodily injury or property damage included within the products completed operations hazard. With respect to this provision s requirement that additional insured status must be requested under a written contract or agreement the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured s participation in a trade show event as an exhibitor presenter or displayer any person or organization whom the Named Insured is required to include as an additional insured but only with respect to such person or organization s liability for bodily injury property damage or personal and advertising injury caused by a. the Named Insured s acts or omissions or b. the acts or omissions of those acting on the Named Insured s behalf in the performance of the Named Insured s ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products completed operations hazard. 2. ADDITIONAL INSURED PRIMARY AND NON CONTRIBUTORY TO ADDITIONAL INSURED S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non contributory relative to an additional insured s own insurance then this insurance is primary and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2. the additional insured s own insurance means insurance on which the additional insured is a named insured. Otherwise and notwithstanding anything to the contrary elsewhere in this Condition the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. ADDITIONAL INSURED EXTENDED COVERAGE When an additional insured is added by this or any other endorsement attached to this Coverage Part WHO IS AN INSURED is amended to make the following natural persons Insureds. If the additional insured is a. Anindividual then his or her spouse is an Insured b. A partnership or joint venture then its partners members and their spouses are Insureds c. A limited liability company then its members and managers are Insureds or d. An organization other than a partnership joint venture or limited liability company then its executive officers directors and shareholders are Insureds CNA74858XX 1 15 Policy No 5099654653 Page 4 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement but only with respect to locations and operations covered by the additional insured endorsement s provisions and only with respect to their respective roles within their organizations. Please see the ESTATES LEGAL REPRESENTATIVES AND SPOUSES provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person Insureds. 4. BOATS Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to add the following additional exception to the exclusion entitled Aircraft Auto or Watercraft This exclusion does not apply to Any watercraft owned by the Named Insured that is less than 30 feet long while being used in the course of the Named Insured s inspection or surveying work. 5. BODILY INJURY EXPANDED DEFINITION Under DEFINITIONS the definition of bodily injury is deleted and replaced by the following Bodily injury means physical injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury sickness or disease. 6. BROAD KNOWLEDGE OF OCCURRENCE NOTICE OF OCCURRENCE Under CONDITIONS the condition entitied Duties in The Event of Occurrence Offense Claim or Suit is amended to add the following provisions A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer s authorized representative notice of an occurrence offense or claim only when the occurrence offense or claim is known to a natural person Named Insured to a partner executive officer manager or member of a Named Insured or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured s rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence offense or claim and that failure is solely due to the Named Insured s reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However the Named Insured shall give written notice of such occurrence offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence offense or claim. i g 7. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph 4. below any organization in which a Named Insured has management control a. on the effective date of this Coverage Part or b. by reason of a Named Insured creating or acquiring the organization during the policy period qualifies as a Named Insured provided that there is no other similar liability insurance whether primary contributory excess contingent or otherwise which provides coverage to such organization or which would have CNA74858XX 1 15 Policy No 5099654653 Page 5 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y 9EZ6E59VS9660E50002008 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement provided coverage but for the exhaustion of its limit and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to a any partnership limited liability company or joint venture or b any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision management control means A. owning interests representing more than 50 of the voting appointment or designation power for the selection of a majority of the Board of Directors of a corporation or B. having the right pursuant to a written trust agreement to protect control the use of encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above this insurance does not apply to a. bodily injury or property damage that first occurred prior to the date of management control or that first occurs after management control ceases nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing business as names dba as any Named Insured should choose to employ. 8. CONTRACTUAL LIABILITY RAILROADS With respect to operations performed within 50 feet of railroad property the definition of insured contract is replaced by the following Insured Contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to the Named Insured s business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement CNA74858XX 1 15 Policy No 5099654653 Page 6 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 1 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage 2 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 1 above and supervisory inspection architectural or engineering activities. 9. ESTATES LEGAL REPRESENTATIVES AND SPOUSES The estates executors heirs legal representatives administrators trustees beneficiaries and spouses of any natural person Insured or living trust shall also be insured under this policy provided however coverage is afforded to such estates executors heirs legal representatives administrators trustees beneficiaries and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses acts errors or omissions in the conduct of the Named Insured s business. 10. EXPECTED OR INTENDED INJURY EXCEPTION FOR REASONABLE FORCE Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to delete the exclusion entitied Expected or Intended Injury and replace it with the following This insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE PER LOCATION A. A separate Location General Aggregate Limit equal to the amount of the General Aggregate Limit is the most the Insurer will pay for the sum of i g 1. Alldamages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and 2. All medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Location General Aggregate Limit of any other location. B. Al 1. Damages under Coverage B regardless of the number of locations involved wVA Architects Engineers and Survey y. Allmedical expenses undaer Loverage L that arise from occurrences or accidents which can be attributed solely to ongoing operations at that location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Location General Aggregate Limit of any other location. B. Al 1. Damages under Coverage B regardless of the number of locations involved CNA74858XX 1 15 Policy No 5099654653 Page 7 of 18 Endorsement N 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 2. Damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single location except damages because of bodily injury or property damage included in the products completed operations hazard and 3. Medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single location will reduce the General Aggregate Limit shown in the Declarations. C. For the purpose of this GENERAL AGGREGATE LIMITS OF INSURANCE PER LOCATION Provision location means 1. apremises the Named Insured owns or rents or 2. a premises not owned or rented by any Named Insured at which the Named Insured is performing operations pursuant to a contract or written agreement. If operations at such a location have been discontinued and then restarted or if the authorized parties deviate from plans blueprints designs specifications or timetables the location will still be deemed to be the same location. For the purpose of determining the applicable aggregate limit of insurance premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad shall be considered a single location. D. The limits shown in the Declarations for Each Occurrence for Damage To Premises Rented To You and for Medical Expense continue to apply but will be subject to either the Location General Aggregate Limit or the General Aggregate Limit depending on whether the occurrence can be attributed solely to ongoing operations at a particular location. E. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of locations involved will reduce the Products Completed Operations Aggregate Limit shown in the Declarations. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this GENERAL AGGREGATE LIMITS OF INSURANCE PER LOCATION Provision shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured or chartered by or for the Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident A. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the Insuring Agreement is amended to replace Paragraphs 1.b.1 and 1.b.2 with the following b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured s primary business purpose and only if 1 such bodily injury is caused by an occurrence that takes place in the coverage territory. 2 the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act error or omission that is part of the occurrence and CNA74858XX 1 15 Policy No 5099654653 Page 8 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
i g cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement B. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to i. add the following to the Employers Liability exclusion This exclusion applies only if the bodily injury arising from a health care incident is covered by other tty insurance available to the Insured or which would have been available but for exhaustion of its ii. delete the exclusion entitled Contractual Liability and replace it with the following This insurance does not apply to Contractual Liability the Insured s actual or alleged liability under any oral or written contract or agreement including but not limited to express warranties or guarantees. iii. to add the following additional exclusions This insurance does not apply to Discrimination any actual or alleged discrimination humiliation or harassment including but not be limited to claims based on an individual s race creed color age gender national origin religion disability marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest criminal or malicious act error or omission. Medicare Medicaid Fraud any actual or alleged violation of law with respect to Medicare Medicaid Tricare or any similar federal state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to i. add the following definitions Health care incident means an act error or omission by the Named Insured s employees or volunteer workers in the rendering of a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food beverages medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required a. Physician CNA74858XX 1 15 Policy No 5099654653 Page 9 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y BEZ6ES9VS9660E5000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement b. Nurse c. Nurse practitioner d. Emergency medical technician e. Paramedic. Dentist g. Physical therapist h. Psychologist i. Speech therapist j Other allied health professional or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following Occurrence means a health care incident. All acts errors or omissions that are logically connected by any common fact circumstance situation transaction event advice or decision will be considered to constitute a single occurrence iii. amend the definition of Insured to a. add the following the Named Insured s employees are Insureds with respect to 1 bodily injury to a co employee while in the course of the co employee s employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business and 2 bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured s business when such bodily injury arises out of a health care incident. the Named Insured s volunteer workers are Insureds with respect to 1 bodily injury to a co volunteer worker while performing duties related to the conduct of the Named Insured s business and 2 bodily injury to an employee while in the course of the employee s employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business when such bodily injury arises out of a health care incident. b. delete Subparagraphs a b c and d of Paragraph 2.a.1 of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.1 in its entirety and replace it with the following Other Insurance CNA74858XX 1 15 Policy No 5099654653 Page 10 of 18 Endorsement No 1 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. wVA Architects Engineers and Survey y JRANCE COMPANY | 2 |
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