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cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement b. Excess Insurance 1 To the extent this insurance applies it is excess over any other insurance self insurance or risk transfer instrument whether primary excess contingent or on any other basis except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES PARTNERSHIP LIMITED LIABILITY COMPANIES A. Past Joint Ventures Partnerships Limited Liability Companies The following is added to WHO IS AN INSURED If the Named Insured was a joint venturer partner or member of a limited liability company and such joint venture partnership or limited liability company terminated prior to or during the policy period such Named Insured is an Insured with respect to its interest in such joint venture partnership or limited liability company but only to the extent that a. any offense giving rise to personal and advertising injury occurred prior to such termination date and the personal and advertising injury arising out of such offense first occurred after such termination date b. the bodily injury or property damage first occurred after such termination date and c. there is no other valid and collectible insurance purchased specifically to insure the partnership joint venture or limited liability company. If the joint venture partnership or limited liability company is or was insured under a consolidated wrap up insurance program then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury property damage or personal and advertising injury that would otherwise be covered under the Architects Engineers And Surveyors General Liability Extension Endorsement provision entiletd WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS. Please see that provision for the definition of consolidated wrap up insurance program. B. Participation In Current Professional Joint Ventures The following is added to WHO IS AN INSURED The Named Insured is also an Insured for participation in a current joint venture that is not named on the Declarations but only if such joint venture meets all of the following criteria a. Each and every one of the Named Insured s co venturers are architectural engineering or surveying firms only and b. There is no other valid and collectible insurance purchased specifically to insure the joint venture. However the Named Insured is an Insured only for the conduct of such Named Insured s business within such a joint venture. The Named Insured is not insured for liability arising out of the acts or omissions of other co venturers nor of their partners members or employees. C. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following Except as provided under this Architects Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement if any 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. wVA Architects Engineers and Survey y 6EZ6ES9VS9660E50002008 int venture. The Named Insured is not msured for Ilabllny ansmg out of the acls or omlsswons of other co venturers nor of their partners members or employees. WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following Except as provided under this Architects Engineers And Surveyors General Liability Extension Endorsement or by the attachment of another endorsement if any 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. CNA74858XX 1 15 Policy No 5099654653 Page 11 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. JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 15. LEGAL LIABILITY DAMAGE TO PREMISES ALIENATED PREMISES PROPERTY IN THE NAMED INSURED S CARE CUSTODY OR CONTROL A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitied Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following This insurance does not apply to j. Damage to Property Property damage to 1 Property the Named Insured owns rents or occupies including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises 3 Property loaned to the Named Insured 4 Personal property in the care custody or control of the Insured 5 That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured s behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Paragraphs 3 and 4 of this exclusion do not apply to property damage to i. tools or equipment the Named Insured borrows from others nor ii. other personal property of others in the Named Insured s care custody or control while being used in the Named Insured s operations away from any Named Insured s premises. However the coverage granted by this exception to Paragraphs 3 and 4 does not apply to a. property at a job site awaiting or during such property s installation fabrication or erection b. property that is mobile equipment leased by an Insured CNA74858XX 1 15 Policy No 5099654653 Page 12 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 c. property that is an auto aircraft or watercraft d. property in transit or e. any portion of property damage for which the Insured has available other valid and collectible insurance or would have such insurance but for exhaustion of its limits or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES Coverage A Bodily Injury and Property Damage Li Exclusions is amended to delete its last paragraph and replace it with the following ity the paragraph entitied Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE Subject to 5. above 25000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment and to other personal property of others in the Named Insured s care custody or control while being used in the Named Insured s operations away from any Named Insured s premises. The Insurer s obligation to pay such property damage does not apply until the amount of such property damage exceeds 1000. The Insurer has the right but not the duty to pay any portion of this 1000 in order to effect settlement. If the Insurer exercises that right the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6. Damage To Premises Rented To You Limit of LIMITS OF INSURANCE is deleted and replaced by the following 6. Subject to Paragraph 5. above the Each Occurrence Limit the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of a. 500000 or i g b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.1aii of the Other Insurance Condition is deleted and replaced by the following i That is property insurance for premises rented to the Named Insured for premises temporarily occupied by the Named Insured with the permission of the owner or for personal property of others in the Named Insured s care custody or control 16. LIQUOR LIABILITY Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete the exclusion entitied Liquor Liability. This LIQUOR LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. CNA74858XX 1 15 Policy No 5099654653 Page 13 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 0VZ6ES9VS9660E50002008 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Architects Engineers and Surveyors General Liability Extension Endorsement 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. the Medical Expense Limit and replace it with the following 7. Subject to Paragraph 5. above the Each Occurrence Limit the Medical Expense Limit is the most the Insurer will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of 1 15000 unless a different amount is shown here N NNN NNN NNN or 2 the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES the Insuring Agreement of Coverage C Medical Payments is amended to replace Paragraph 1.a.3b with the following b The expenses are incurred and reported to the Insurer within three years of the date of the accident and 18. NON OWNED AIRCRAFT Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitied Exclusions is amended as follows The exclusion entitied Aircraft Auto or Watercraft is amended to add the following This exclusion does not apply to an aircraft not owned by any Named Insured provided that 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada designating that person as a commercial or airline transport pilot 2. the aircraft is rented with a trained paid crew to the Named Insured and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON OWNED WATERCRAFT Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete subparagraph 2 of the exclusion entitied Aircraft Auto or Watercraft and replace it with the following. This exclusion does not apply to 2 awatercraft that is not owned by any Named Insured provided the watercraft is a less than 75 feet long and b not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS the definition of personal and advertising injury is amended to add the following tort Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES Coverage B Personal and Advertising Injury Liability the paragraph entitled Exclusions is amended to 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following CNA74858XX 1 15 Policy No 5099654653 Page 14 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 This insurance does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is not done intentionally by or at the direction of a the Named Insured or b any executive officer director stockholder partner member or manager if the Named Insured is a limited liability company of the Named Insured. 2. add the following exclusions This insurance does not apply to Employment Related Discrimination discrimination or humiliation directly or indirectly related to the employment prospective employment past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale rental lease or sub lease or prospective sale rental lease or sub lease of any room dwelling or premises by or at the direction of any Insured. Notwithstanding the above there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement or attachment of an additional insured endorsement to this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY A. Under COVERAGES Coverage B Personal and Advertising Injury Liability the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY LIMITED CONTRACTUAL LIABILITY provision the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. Paragraph 2.d. is replaced by the following d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee 2. The first unnumbered paragraph beneath Paragraph 2.f.2b is deleted and replaced by the following So long as the above conditions are met attorney s fees incurred by the Insurer in the defense of that indemnitee necessary litigation expenses incurred by the Insurer and necessary litigation expenses incurred CNA74858XX 1 15 Policy No 5099654653 Page 15 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 by the indemnitee at the Insurer s request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE ELEVATORS A. Under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitied Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs 3 4 and 6 of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE ELEVATORS Provision the Other Insurance conditions is amended to add the following paragraph This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. RETIRED PARTNERS MEMBERS DIRECTORS AND EMPLOYEES WHO IS INSURED is amended to include as Insureds natural persons who are retired partners members directors or employees but only for bodily injury property damage or personal and advertising injury that results from services performed for the Named Insured under the Named Insured s direct supervision. All limitations that apply to employees and volunteer workers also apply to anyone qualifying as an Insured under this Provision. 24. SUPPLEMENTARY PAYMENTS The section entittled SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended as follows A. Paragraph 1.b. is amended to delete the 250 limit shown for the cost of bail bonds and replace it with a 5000. limit and B. Paragraph 1.d. is amended to delete the limit of 250 shown for daily loss of earnings and replace it with a 1000. limit. 25. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured s Coverage Part the Insurer will not deny coverage under this Coverage Part because of such failure. 26. WAIVER OF SUBROGATION BLANKET Under CONDITIONS the condition entitied Transfer Of Rights Of Recovery Against Others To Us is amended to add the following The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of 1. the Named Insured s ongoing operations or 2. your work included in the products completed operations hazard. However this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement and only if such contract or agreement CNA74858XX 1 15 Policy No 5099654653 Page 16 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 1. isin effect or becomes effective during the term of this Coverage Part and 2. was executed prior to the bodily injury property damage or personal and advertising injury giving rise to the claim. 27. WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS Note The following provision does not apply to any public construction project in the state of Oklahoma nor to any construction project in the state of Alaska that is not permitted to be insured under a consolidated wrap up insurance program by applicable state statute or regulation. If the endorsement EXCLUSION CONSTRUCTION WRAP UP is attached to this policy or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs O.C.I.P. or Contractor Controlled Insurance Programs C.C.1.P. is attached then the following changes apply A. The following wording is added to the above referenced endorsement With respect to a consolidated wrap up insurance program project in which the Named Insured is or was involved this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of 1. Bodily injury property damage or personal or advertising injury that occurs during the Named Insured s ongoing operations at the project or during such operations of anyone acting on the Named Insured s behalf nor 2. Bodily injury or property damage included within the products completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.1c This insurance is excess over c Any of the other insurance whether primary excess contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated wrap up insurance program but only as respects the Named Insured s involvement in that consolidated wrap up insurance program. C. DEFINITIONS is amended to add the following definitions Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project such as an Owner Controlled Insurance Program O.C.I.P. or Contractor Controlled Insurance Program C.C.I.P.. Residential structure means any structure where 30 or more of the square foot area is used or is intended to be used for human residency including but not limited to 1. single or multifamily housing apartments condominiums townhouses co operatives or planned unit developments and 2. the common areas and structures appurtenant to the structures in paragraph 1. including pools hot tubs detached garages guest houses or any similar structures. However when there is no individual ownership of units residential structure does not include military housing college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. CNA74858XX 1 15 Policy No 5099654653 Page 17 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 2H26ES9VSI660ES000200 JRANCE COMPANY | 2 |
CNA PARAMOUNT CNA Architects Engineers and Surveyors General Liability Extension Endorsement This WRAP UP EXTENSION OCIP CCIP OR CONSOLIDATED WRAP UP INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. wVA Architects Engineers and Survey y All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74858XX 1 15 Page 18 of 18 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement No 1 Effective Date 09102017 JRANCE COMPANY | 2 |
50020005350096546539243 cA CNA PARAMOUNT General Aggregate Limit Per Project Endorsement T It I his endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART is understood and agreed as follows For each single construction or service project away from premises the Named Insured owns or rents a separate Project General Aggregate Limit equal to the amount of the General Aggregate Limit shown in the Declarations is the most the Insurer will pay for the sum of A. all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and B. all medical expenses under Coverage C that arise from occurrences or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor the Project General Aggregate Limit applicable to any other project. All A. damages under Coverage B regardless of the number of locations or projects involved B. damages under Coverage A caused by occurrences which can not be attributed solely to ongoing operations at a single project except damages because of bodily injury or property damage included in the products completed operations hazard and C. medical expenses under Coverage C caused by accidents which can not be attributed solely to ongoing operations at a single project will reduce the General Aggregate Limit shown in the Declarations. I. 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 Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations depending on whether the occurrence can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit shown in the Declarations regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. P R Y U 1 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75061XX 1 15 Policy No 5099654653 Page 1 of 1 Endorsement No 2 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 |
i g cA CNA PARAMOUNT Blanket Additional Insured Owners Lessees or Contractors with Products Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part including any such person or organization if any specifically set forth on the Schedule attachment to this endorsement. However such person or organization is an Insured only with respect to such person or organization s liability for A. unless paragraph B. below applies 1. bodily injury property damage or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured s ongoing operations as specified in such written contract or 2. bodily injury or property damage caused in whole or in part by your work and included in the products completed operations hazard and only if a. the written contract requires the Named Insured to provide the additional insured such coverage and b. this coverage part provides such coverage. B. bodily injury property damage or personal and advertising injury arising out of your work described in such written contract but only if 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11 85 or 10 01 edition of CG2010 or the 10 01 edition of CG2037. Subject always to the terms and conditions of this policy including the limits of insurance the Insurer will not provide such additional insured with A. coverage broader than required by the written contract or B. a higher limit of insurance than required by the written contract. lll. The insurance granted by this endorsement to the additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of A. the rendering of or the failure to render any professional architectural engineering or surveying services including 1. the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. supervisory inspection architectural or engineering activities or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entited COMMERCIAL GENERAL LIABILITY CONDITIONS the Condition entitled Other Insurance this insurance is excess of all other insurance available to the additional insured whether on a primary excess contingent or any other basis. However if this insurance is required by written CNA75079XX 1 15 Policy No 5099654653 Page 10of 2 Endorsement No 3 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 Blanket Additional Insured Contractors with JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Blanket Additional Insured Owners Lessees or Contractors with Products Completed Operations Coverage Endorsement contract to be primary and non contributory this insurance will be primary and non contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement the section entited COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows The Condition entitled Duties In The Event of Occurrence Offense Claim or Suit is amended with the addition of the following Any additional insured pursuant to this endorsement will as soon as practicable 1. give the Insurer written notice of any claim or any occurrence or offense which may result in a claim 2. except as provided in Paragraph IV. of this endorsement agree to make available any other insurance the additional insured has for any loss covered under this coverage part 3. send the Insurer copies of all legal papers received and otherwise cooperate with the Insurer in the investigation defense or settlement of the claim and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However if the written contract requires this insurance to be primary and non contributory this paragraph 4 does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VL. Solely with respect to the insurance granted by this endorsement the section entited DEFINITIONS is amended to add the following definition Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part provided the contract or agreement A. s currently in effect or becomes effective during the term of this policy and B. was executed prior to 1. the bodily injury or property damage or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. wVA Blanket Additional Insured Contractors with All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75079XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement No 3 Effective Date 09102017 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Pollution Exclusion Amendatory Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury and Property Damage Liability the paragraph entitled Exclusions is amended to delete paragraph 2 of exclusion f. Pollution in its entirety and replace it with the following This insurance does not apply to 2 Any loss cost or expense arising out of any a request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph 1 of this exclusion then neither will paragraph 2a above serve to exclude such damages. All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. SVZ6ESIVSI60ES0002008 CNA74843XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 4 Effective Date 09102017 JRANCE COMPANY | 2 |
i g cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is understood and agreed that the policy is amended as follows I. Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. bodily injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury B. property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure or C. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such loss cost or expense. However this exclusion does not apply to any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to A. personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes on or within a building or structure or on or within any contents of a building or structure B. any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating disposing of or in any way responding to or assessing the effects of fungi or microbes by any Insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. However this exclusion does not apply to i. any fungi or microbes that are are on or are contained in a good or product intended for bodily consumption or microbes that were transmitted directly from person to person. Il As used herein A. fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. CNA74708XX 1 15 Policy No 5099654653 Page 10of 2 Endorsement No 5 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. wVA Fungi Mold Mildew Yeast 9VZ6ESIVSI60ES0002008 | 2 |
cA CNA PARAMOUNT Fungi Mold Mildew Yeast Microbe Exclusion Endorsement B. microbe means any non fungal microorganism or non fungal colony form organism that causes infection or disease. Microbe includes any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of microbes. IV. The following Condition is added Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by the Insurer. If the Named Insured disagrees with that determination the Named Insured and by the Insurer agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as the Named Insured and the Insurer agree to. If binding arbitration of insurance disputes is not allowed in the state where the Named Insured is incorporated or if the Named Insured is not a corporation the state where the Named Insured is domiciled then arbitration shall be non binding and shall only proceed if both the Named Insured and the Insurer agree to enter into it. The arbitration will be held in the county where the Named Insured is headquartered or at such other location as may be jointly agreed to by the Named Insured and the Insurer. Each party will bear its own arbitration costs. wVA Fungi Mold Mildew Yeast All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74708XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 5 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Employment Related Practices Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to Bodily injury or personal and advertising injury to 1 a person arising out of any a refusal to employ that person b c employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or termination of that person s employment or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay damages because of the injury. However solely with respect to Coverage A this exclusion does not apply to physical injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job. 50020005350096546539247 All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74761XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 6 Effective Date 09102017 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Contractors Professional Liability Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render professional services by the Named Insured or on the Named Insured s behalf. As used herein professional services means A. engineering architectural or surveying services to others in the Named Insured s capacity as an engineer architect or surveyor or B. providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work the Named Insured performs. Such professional services include 1. preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. supervisory or inspection activities performed as part of any related architectural or engineering activities. However professional services do not include services within construction means methods techniques sequences and procedures employed by the Named Insured in connection with the Named Insured s operations in the Named Insured s capacity as a construction contractor. 50020005350096546539248 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74801XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 7 Effective Date 09102017 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Residential Construction Defect Products Completed Operations Exclusion Endorsement This endorsement modifies insurance provided under the following It I COMMERCIAL GENERAL LIABILITY COVERAGE PART is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitied Exclusions is amended to add the following exclusion This insurance does not apply to property damage that A. s included within the products completed operations hazard B. arises out of defective construction of all or any part of a residential structure and C. s reported to the Insurer more than 12 months after your work is deemed completed on the project from which the property damage allegedly arises. As used herein A. your work will be deemed completed at the earliest of the following times 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. B. construction means any and all aspects of the erection or demolition of structures including but not limited to design specifications planning building materials supervision or observation of construction. Construction also includes new construction conversion reconstruction rehabilitation renovation remodeling repair or maintenance. C. defective construction means any actual or alleged deficiency in construction. D. residential structure means any structure where 30 or more of the square foot area is used or is intended to be used for human residency including but not limited to 1. single or multifamily housing apartments condominiums townhouses co operatives or planned unit developments and 2. the common areas and structures appurtenant to the structures in paragraph 1. including pools hot tubs detached garages guest houses or any similar structures. However when there is no individual ownership of units residential structure does not include military housing college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. wVA Residential Constructlon Defect 6VZ6E59V596605E50002008 college university housing or dormitories long term care facilities hotels or motels. Residential structure also does not include hospitals or prisons. Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74862XX 1 15 Policy No 5099654653 Page 1 of 1 Endorsement No 8 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Construction Wrap Up Program Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of any current or completed operation performed by the Named Insured or on the Named Insured s behalf which is or was insured under a consolidated wrap up insurance program. This exclusion applies whether or not the consolidated wrap up insurance program A. provides coverage identical to that provided by this Coverage Part B. has limits adequate to cover all claims or C. remains in effect. Consolidated wrap up insurance program means a construction erection or demolition project for which the prime contractor project manager or owner of the project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project. Consolidated wrap up insurance program includes an Owner Controlled Insurance Program O.C.1.P. or a Contractor Controlled Insurance Program C.C.I.P.. All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. 05265959660585000200 CNA74863XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 9 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Exterior Finish System Products Completed Operations Property Damage Exclusion Endorsement T It I his endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART is understood and agreed that Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions is amended to add the following exclusion This insurance does not apply to Property damage included in the products completed hazard arising out of caused by or attributable to whether in whole or in part an exterior finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulkings or sealants in connection with such system. The section entitied DEFINITIONS is amended to add the following new definition Exterior finish system means a synthetic exterior wall cladding system that is intended to be water tight at the outside surface and designed to consist of a. A backer board that is attached to any building surface or substrate b. Anintegrally reinforced base coat on the face of the backer board c. A protective finish applied to the surface of the base coat and d. Applicable accessories flashings coatings caulking and sealants that interact to form an energy efficient wall. As used herein backer board includes but is not limited to insulation board foam board cement board cementitious b acker board plywood oriented strand board any gypsum based board metal sheet concrete block or concrete. wVA Exterior Finish System Products C 50020005350096546539251 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74892XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 10 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Engineers Architects or Surveyors Professional Liability Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed that under COVERAGES Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability the paragraphs entitied Exclusions are amended to add the following exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by the Named Insured or any engineer architect or surveyor who is either employed by the Named Insured or performing work on the Named Insured s behalf in such capacity. Professional services include A. the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and B. supervisory inspection architectural or engineering activities. wVA Engineers Archltects or Su Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. 25265959660585000200 CNA74980XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 11 Effective Date 09102017 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability with Limited Bodily Injury Exception Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows Under COVERAGES Coverage A Bodily Injury And Property Damage Liability the paragraph entitled Exclusions the exclusion entitled Electronic Data is deleted in its entirety and replaced with the following This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or. 2 the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relation expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. As used herein electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Under COVERAGES Coverage B Personal And Advertising Injury Liability the paragraph entitied Exclusions is amended to add the following exclusion Access Or Disclosure Of Confidential Or Personal Information This insurance does not apply to personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. wVA Exclusion Access or Discl or Personal Information and D TR TV T o ES26E59V59660850002008 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75089XX 1 15 Policy No 5099654653 Page 1 of 1 Endorsement No 12 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 |
CNA CNA PARAMOUNT Professional Services Employee Benefits Liability Coverage Part Declarations Policy Number 5099654653 Name GOULD EVANS PA 1. Named Insured and mailing address Address 4041 MILL ST KANSAS CITY MO 64111 3008 2. Type of c i Organization orporation 3. Limits of Insurance Each Employee Limit 1000000 Deductible Employee Benefits Liability all claims in the aggregate limit 52000000 Deductible Each Employee 1000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part 429.00 Total Premium Surcharges Taxes and Fees for this Coverage Part 429.00 Your Premium includes the following amount for Certified Acts of Terrorism 4.00 5. Audit Period Annual CIVA Insured and mailing address Insurance Deductible ty all claims in the aggregate limit Fees at Issuance CNA74693XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Employee Benefits Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Location Number Location Address 1 706 MASSACHUSETTS ST LAWRENCE KS 66044 Premium Estimated Coverage Hazard Description Exposure Basis Rate Premium Each Employee Benefits Liability 134 Employee Incl 425 Location Sub Total 425 CIVA Additional Declarations PR T R P T I CNA75133XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence I. COVERAGE The Insurer will pay those sums up to the applicable limit of insurance that the Insured becomes legally obligated to pay as damages as a result of a covered claim for an act error or omission negligently committed in the administration of the Named Insured s employee benefit program provided that such act error or omission A. takes place in the coverage territory B. was committed during the policy period and C. prior to the effective date of the policy period 1. no authorized insured knew or should have known of a claim or circumstance 2. no Insured had given notice to a prior insurer of any related claim. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. Il. DUTY TO DEFEND The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered suit even if any of the allegations of such suit are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation proceeding the Insurer shall be entitied to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. lll. EXCLUSIONS This insurance does not apply to A. Bodily Injury Property Damage or Personal and Advertising Injury any bodily injury property damage or personal and advertising injury. B. Dishonest Fraudulent Criminal or Malicious Act Damages any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. C. Employment Related Practices i g any wrongful termination of employment discrimination or other employment related practices. D. ERISA Internal Revenue Code any act error or omission in the Insured s capacity as a fiduciary under 1. the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws or 2. the Internal Revenue Code of 1986 as now or hereafter amended. E. Failure to Perform a Contract any failure of performance of contract by any insurer. F. Inadequacy of Performance of Investment Advice Given with Respect to Participation any 1. failure of any investment to perform CNA74721XX 01 15 Page 1 of 8 e 9526E59759660585000200 Page 1 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 2. 3. errors in providing information on past performance of investment vehicles or advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. G. Insufficiency of Funds any insufficiency of funds to meet any obligations under any plan included in the employee benefit program. H. Workers Compensation and Similar Laws any failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. IV. LIMITS OF INSURANCE AND DEDUCTIBLE A. Limits of Insurance 1. Related Claims Al related claims whenever made shall be considered a single claim first made during the policy period in which the earliest claim was first made. 2. Limit of insurance each employee Subject to paragraph 2. below the Insurer s limit of insurance for damages for all covered claims made by or behalf of any one employee including such employee s dependents or beneficiaries shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability each employee. 3. Limit of insurance all claims in the aggregate The Insurer s limit of insurance for damages for all covered claims shall not exceed the amount stated in the Coverage Part Declarations as Employee Benefits Liability all claims in the aggregate regardless of the number of employees. 4. Multiple insureds claims and claimants The limits of insurance shown in the Coverage Part Declarations and subject to the provisions of this policy is the most the Insurer will pay as damages regardless of the number of Insureds claims made or reported persons or entities making claims acts errors or omission which result in damages or defense costs employee benefit plans. B. Deductible 1. The Insurer s obligation to pay damages on behalf of the Insured applies only to the amount of damages in excess of the deductible amount stated on the Coverage Part Declarations as applicable to each employee including such employee s dependents or beneficiaries. The limits of insurance shall not be reduced by the amount of this deductible. 2. The deductible amount stated on the Coverage Part Declarations applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. 3. The Insurer may pay any part or all of the deductible amount to effect settlement of any claim and upon notification of the action taken the Insured shall promptly reimburse the Insurer for such part of the deductible amount as the Insurer has paid. The Limits of Insurance of this coverage part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Policy Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CNA74721XX 01 15 Page 2 of 8 e Page 2 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence V. CONDITIONS Assistance and Cooperation If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings B. fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this coverage part unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this coverage part which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouse of any natural person Insured shall also be insured under this coverage part provided however coverage is afforded to such estates heirs legal representatives and spouse only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such. Notice of Claims and Circumstances A. Notice of Circumstances The Insured must see to it that the Insurer is notified promptly of any circumstance. To the extent possible notice should include 1. how when and where the act error or omission took place 2. the names and addresses of any injured persons or organizations and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of Claims If a claim is made against any Insured the Insured must 1. immediately record the specifics of the claim and the date received and 2. notify the Insurer in writing as soon as possible. The Insured must 1. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim 2. authorize the Insurer to obtain records and other information. no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without the Insurer s consent. e L526E59V596605850002008 1. immediate 2. notify the C. The Insured i 1. immediate connectior 2. authorize D. no Insureds v expense witho CNA74721XX 01 15 Page 3 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Other Insurance If other valid and collectible insurance is available to the Insured for loss insured under this coverage part the Insurer s obligations are limited as follows A. Primary Insurance This insurance is primary. The Insurer s obligations are not affected unless any of the other insurance is also primary. Then the Insurer will share with all that other insurance by the method described in Paragraph b. below. B. Method of Sharing If all of the other insurance permits contribution by equal shares the Insurer will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares the Insurer will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit A. The Insurer will compute all premiums for this coverage part in accordance with the Insurer rules and rates. B. Premium shown in this coverage part as advance premium is a deposit premium only. At the close of each audit period the Insurer will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium the Insurer will return the excess to the First Named Insured. C. The First Named Insured must keep records of the information the Insurer need for premium computation and send the Insurer copies at such times as the Insurer may request. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the First Named Insured this insurance applies A. as if each Named Insured were the only Named Insured and B. separately to each Insured against whom a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer s rights and must do nothing to prejudice such rights. VI. DEFINITIONS Administration means A. providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs B. handling records in connection with the employee benefit program or effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. e CNA74721XX 01 15 Page 4 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Bodily injury means physical injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means A. suit or B. a written or oral demand for damages alleging negligent acts errors or omissions committed in the administration of the Named Insured s employee benefit plans. Circumstance means an act error or omission reported during the policy period from which an executive officer reasonably expects that a claim could be made. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph A. above. Damages means the amount an Insured is legally obligated to pay either through i g A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include with respect to any claim 1. restitution return or disgorgement of fees costs and expenses paid or incurred or charged by an Insured no matter whether claimed as restitution of specific funds forfeiture financial loss set off or otherwise and injuries that are a consequence of any of the foregoing 2. civil or criminal fines sanctions penalties forfeitures or taxes whether pursuant to statute regulation or court rule including those imposed under the Internal Revenue Code 3. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards 4. injunctive or declaratory relief CNA74721XX 01 15 Page 5 of 8 e 8S26E59V59660850002008 Page 5 of 8 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence 5. any amount that is not insurable under any applicable law or 6. plaintiff s attorney fees associated with any of the above 7. any amounts for benefits to the extent that such benefits are available with reasonable effort and cooperation of the Insured from the applicable funds accrued or other collectible insurance or 8. any amounts that exceed the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 1000.00 per day because of time off from work all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Payment of defense costs will not reduce the limit of insurance. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program means a program providing some or all of the following benefits to the employees whether provided through a cafeteria plan or otherwise A. C. D. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits unemployment insurance social security benefits workers compensation and disability benefits or vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A B. C. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership CNA74721XX 01 15 Page 6 of 8 e Page 6 of 8 Copyright GNA All Rights Reserved. | 2 |
i g cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence D. manager of a limited liability company E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means any Named Insured and A. any natural person who was is or becomes 1. the Named Insured s executive officers but only for the administration of the Named Insured s employee benefit program or 2. the Named Insured s stockholders but only with respect to their liability as stockholders. 3. the Named Insured s employees authorized to administer its employee benefit program or 4. any natural person including any employee or any organization having proper temporary authorization to administer the Named Insured s employee benefit program but only until an authorized legal representative is appointed on behalf of the Named Insured. B. any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest if there is no other similar insurance available to that organization. However 1. coverage under this provision is afforded only until the 90th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier and 2. coverage does not apply to acts errors or omissions that occurred before the Named Insured acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. In addition to the above the estates heirs legal representatives or spouses of any of the Named Insured s executive officers or employees qualifying as an Insured are also insured pursuant to the condition entitied Estates Legal Representatives And Spouses. Leased worker means a natural person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and the labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Named Insured means the person or organization shown in the Declarations and any other person or organization qualifying as a Named Insured under this coverage part. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution C. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a natural person occupies committed by or on behalf of its owner landlord or lessor D. oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services E. oral or written publication in any manner of material that violates a natural person s right of privacy CNA74721XX 01 15 Page 7 of 8 e 6526E59V59660585000200 Copyright GNA All Rights Reserved. | 2 |
cA CNA PARAMOUNT Employee Benefits Liability Coverage Part Occurrence F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright or slogan in the Named Insured s advertisement. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Property damage means physical injury to A. tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Related claims means all claims arising out of a single act error or omission or arising out of related acts errors or omissions negligently committed in the administration of the Insured Entity s employee benefits program. Spouse means any husband or wife or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Suit means a civil proceeding in which damages to which this insurance applies are alleged. Suit includes A. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with the Insurer s consent or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a natural person who is not the Named Insured s employee and who donates his or her work and acts at the direction of and within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Named Insured. e CNA74721XX 01 15 Page 8 of 8 Copyright GNA All Rights Reserved. | 2 |
CNA CNA PARAMOUNT Professional Services Stop Gap Coverage Part Declarations Policy Number 5099654653 Name GOULD EVANS PA 1. Named Insured and mailing address Address 4041 MILL ST KANSAS CITY MO 64111 3008 2. Type of c. Organization orporation 3. Limits of I. i Insurance Bodily Injury by Accident Each Accident Limit 1000000 Deductibles Bodily Injury by Disease Aggregate Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 4. Premium Surcharges Taxes and Fees at Issuance Total Premium for this Coverage Part Included Total Premium Surcharges Taxes and Fees for this Coverage Part Included 5. Designated States Territories or Possessions ND OH WA WY 6. Audit Period Annual CIVA Insured and mailing address Fees at Issuance CNA74830XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Stop Gap Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Location Number 7 Location Address OPERATIONS IN THE STATE OF NORTH DAKOTA BISMARCK ND 58501 Coverage Hazard Description Exposure Pim Rate Efd Class Code 99999 Stop Gap Liability North Dakota Stop Gap If Any P 0 Location Number Location Address 8 OPERATIONS IN THE STATE OF OHIO COLUMBUS OH 43201 Coverage Hazard Description Exposure P Rate Efnd Class Code C99999 Ohio Amendatory Stop Gap Liability Ohio Stop Gap If Any P.195 0 Location Number Location Address 9 OPERATIONS IN THE STATE OF WASHINGTON OLYMPIA WA 98501 Coverage Hazard Description Exposure Rate Efnd Class Code 99999 Stop Gap Liability Washington Stop Gap If Any P 0 Location Number Location Address 10 OPERATIONS IN THE STATE OF WYOMING CHEYENNE WY 82001 Coverage Hazard Description Exposure P Rate Efnd CIVA Addi TE OF NORTH DAKOTA ability North Dakota TE OF OHIO hio Amendatory Stop Gap Liability hio ATE OF WASHINGTON Liability Washington TE OF WYOMING CNA75134XX 01 15 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Additional Declarations Stop Gap Liability Schedule of Locations and Coverages Policy Number 5099654653 Location Level Class Code 99999 Stop Gap Liability Wyoming Stop Gap 0 CIVA Addi Liability Wyoming CNA75134XX 01 15 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. The word Insurer refers to the company providing this Insurance as set forth on the Policy Declarations. I. COVERAGE The Insurer will pay those sums up to the applicable limit of insurance that the Insured becomes legally obligated to pay as damages because of bodily injury to an employee of the Named Insured provided that such employee has been reported and declared under a Workers Compensation Law of a state territory or possession designated in the Coverage Part Declarations prior to sustaining bodily injury and such bodily injury A. s sustained by such employee and arises out of and in the course of such employee s employment B. takes place in the coverage territory C. s caused by 1. an accident occurring during the policy period or 2. adisease which is caused by or aggravated by conditions of such employee s employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. The Insurer will pay all defense costs in connection with a covered claim. Such defense costs are in addition to the limits of insurance. Il. DEFENSE A. Duty to Defend The Insurer has the right and duty to defend in the Insured s name and on the Insured s behalf any covered suit even if any of the allegations of such suit are groundless false or fraudulent. The Insurer shall have the right to appoint counsel and to make such investigation and settlement of a claim as is deemed necessary by the Insurer. If a claim is subject to an arbitration proceeding or mediation proceeding the Insurer shall be entitled to exercise all of the Insured s rights in the choice of arbitrators or mediators and in the conduct of an arbitration proceeding or mediation proceeding involving such claim. B. Exhaustion of Limits The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages. In such case the Insurer shall have the right to withdraw from the further investigation defense payment or settlement of such claim by tendering control of said investigation defense or settlement of the claim to the Insured. i g lll. EXCLUSIONS This insurance does not apply to bodily injury A. Age to an employee 1. knowingly employed by the Named Insured in violation of any law as to age or 2. under the age of 14 years regardless of any such law. B. Aircraft arising out of aircraft operation or the performance of any duty in connection with aircraft while in flight. C. Contractual Liability arising out of liability assumed by the insured under any agreement or contract. CNA74934XX 01 15 Page 1 of 7 e S 1 Page 1 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part D. Failure to Comply to an employee when the such employee is deprived of common law defenses or otherwise subject to penalty because of the Named Insured s failure to secure its obligations under or other failure to comply with the Workers Compensation Law Intentionally Caused intentionally caused or aggravated by the Named Insured or resulting from an act which is determined to have been committed by the Named Insured with the belief that bodily injury is substantially certain to occur Wrongful Employment Practices arising out of coercion criticism demotion evaluations reassignment discipline defamation harassment humiliation discrimination against or termination of any employee or personnel practices policies acts or omissions. IV. LIMITS OF INSURANCE A. The Limits of Insurance shown in the Coverage Part Declarations and the rules below fix the most the Insurer will pay regardless of the number of 1. Insureds 2. claims made or 3. persons or organizations making claims or bringing suits. Bodily injury by Accident. The limit shown under bodily injury by Accident Each Accident in the Coverage Part Declarations is the most the Insurer will pay for all damages because of bodily injury to one or more employees in any one accident. Bodily injury by Disease. The limit shown under bodily injury by Disease Aggregate Limit in the Coverage Part Declarations is the most the Insurer will pay all damages because of bodily injury by disease regardless of the number of employees who sustain bodily injury by disease. Bodily injury by disease does not include disease that results directly from bodily injury by accident. Bodily injury by Disease. Subject to Paragraph C. above the limit shown under bodily injury by Disease Each employee in the Coverage Part Declarations is the most the Insurer will pay for all damages because of bodily injury by disease to any one employee Bodily injury by disease does not include disease that results directly from bodily injury by accident. The limits of this Coverage part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Policy Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. CONDITIONS Assistance and Cooperation If there is a claim the Insured must A. forward to the Insurer or its designee copies of the papers and documents if any which inform the Insured of a claim including all notices summonses or other processes regarding legal proceedings fully cooperate with the Insurer or its designee in all investigations the making of settlements the conduct of suits or other proceedings enforcing any right of contribution or indemnity against another who may be liable to the Insured because of the claim. The Insured shall attend hearings and trials assist in securing and giving evidence and obtaining the attendance of witnesses. e S 1 CNA74934XX 01 15 Page 2 of 7 Copyright CNA All Rights Reserved | 2 |
50020005350096546539263 cA CNA PARAMOUNT Stop Gap Liability Coverage Part Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouse of any natural person Insured shall also be insured under this coverage part provided however coverage is afforded to such estates heirs legal representatives and spouse only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided. Notice of Claims and Potential Claims A. The Insured must see to it that the Insurer is notified promptly of any act error or omission committed in the administration of the Named Insured s employee benefit program that may reasonably be expected to be the basis of a claim against the Insured. To the extent possible notice should include 1. how when and where the act error or omission took place 2. the names and addresses of any injured persons or organizations and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. B. If a claim is made against any Insured the Insured must 1. immediately record the specifics of the claim and the date received and 2. notify the Insurer in writing as soon as possible. C. The Insured must 1. immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim 2. authorize the Insurer to obtain records and other information. D. no insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without the Insurer s consent. Other Insurance This insurance is in excess over any other valid and collectible insurance. The Insurer has no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends the Insurer will undertake to do so but the Insurer will be entitled to the insured s rights against all those other insurers. If this insurance is excess over other insurance the Insurer will pay only the Insurer share of the amount of the loss if any that exceeds the sum of A. the total amount of that all such other insurance would pay for the loss in the absence of this insurance and B. the total of all deductible and self insured amounts under all that other insurance. Premium Audit A. The Insurer will compute all premiums for this Coverage part in accordance with the Insurer rules and rates. B. Premium shown in this Coverage part as advance premium is a deposit premium only. At the close of each audit period the Insurer will compute the earned premium for that period and send notice to the first Named Insured. CNA74934XX 01 15 Page 3 of 7 e S 1 926E597596605850002008 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium the Insurer will return the excess to the first Named Insured. C. The First Named Insured must keep records of the information the Insurer need for premium computation and send the Insurer copies at such times as the Insurer may request. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this coverage part to the First Named Insured this insurance applies A. as if each Named Insured were the only Named Insured and B. separately to each Insured against whom a claim is made. Transfer of Rights of Recovery If any Insured for whom payment is made by the Insurer under this policy has rights to recover amounts from another those rights are transferred to the Insurer to the extent of its payment. The Insured must do everything necessary after loss to secure the Insurer s rights and must do nothing to prejudice such rights. VI. DEFINITIONS Authorized Insured means any executive officer member of the Named Insured s human resources risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Bodily injury means physical injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage Part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada and B. international waters or airspace but only if the bodil between any places included in Paragraph A. above. injury occurs in the course of travel or transportation Claim means A. suit or B. a written or oral demand for damages alleging bodily injury to an employee. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction Including those amounts for which an Insured is liable pursuant to A. and B. above 1. that an Insured must pay for care loss of services and death resulting at any time from the bodily injury and 2. for which the Named Insured is liable to a third party by reason of a claim against the Named Insured by that third party to recover the damages claimed against such third party as a result of injury to the Named Insured s employee e S 1 CNA74934XX 01 15 Page 4 of 7 Copyright CNA All Rights Reserved | 2 |
i g cA CNA PARAMOUNT Stop Gap Liability Coverage Part 3. in connection with consequential bodily injury to a spouse child parent brother or sister of the injured employee provided that such amounts are the direct consequence of bodily injury that arises out of and in the course of the injured employee s employment by the Named Insured 4. that arise out of and in the course of employment where the claim alleging such bodily injury is made against the Named Insured in a capacity other than as employer. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include a. the multiplied portion of multiplied awards imposed pursuant to any statute or regulation requiring such awards or b. any premium assessment penalty fine benefit liability or other obligation imposed by i. The Federal Employer s Liability Act 45 USC Sections 51 60 ii. The Non appropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 iii. The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 iv. The Outer Continental Shelf Lands Act 43 USC Sections 1331 1356 V. The Defense Base Act 42 USC Sections 1651 1654 vi. The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 vii. The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sections 1801 1872 and viii. Any other Workers Compensation unemployment compensation or disability laws or any similar law Defense costs mean A. reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this coverage part. If the Insurer makers an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. C. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the applicable limit of insurance of this coverage part. The amount of interest the Insurer pays will be in direct proportion to the amount of damages the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 1000.00 per day because of time off from work E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. Payment of defense costs will not reduce the limit of insurance. Employee means any employee but does not include a leased worker or a temporary worker. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation. B. management committee member of a joint venture CNA74934XX 01 15 Page 5 of 7 e S 1 Y9Z6E59VS9660E50002008 Page 5 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part C. partner of a partnership D. manager of a limited liability company E. trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means any Named Insured and A. any natural person who was is or becomes 1. the Named Insured s executive officers but only with respect to their acts in the conduct of the Named Insured s business or 2. the Named Insured s stockholders but only with respect to their liability as stockholders. 3. the Named Insured s employees or volunteer workers but only with respect to their acts in the conduct of the Named Insured s business. B. Any organization the Named Insured newly acquires or forms other than a partnership or joint venture and over which the Named Insured maintains ownership or majority interest if there is no other similar insurance available to that organization. However 1. coverage under this provision is afforded only until the 90th day after the Named Insured acquires or forms the organization or the end of the policy period whichever is earlier and 2. coverage does not apply to bodily injury that occurred before the Named Insured acquired or formed the organization. No person or organization is an insured with respect to the conduct or any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. In addition to the above the estates heirs legal representatives or spouses of any of the Named Insured s executive officers or employees qualifying as an Insured are also insured pursuant to the condition entitled Estates Legal Representatives And Spouses. Leased worker means a natural person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and the labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Named Insured means the person or organization shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Spouse means any husband or wife or any person qualifying as a domestic partner under any applicable federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Suit means a civil proceeding in which damages because of bodily injury to which this insurance applies are alleged. Suit includes A. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with the Insurer s consent or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a person who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. CNA74934XX 01 15 Page 6 of 7 e S 1 Page 6 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Part Workers Compensation Law means the Workers Compensation Law and any Occupational Disease Law. This does not include provisions of any law providing non occupational disability benefits of each state territory or possession named in the Coverage Part Declarations. e S 1 S9Z6E59V596605850002008 CNA74934XX 01 15 Page 7 of 7 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Duty to Defend Endorsement Wyoming This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE FORM It is understood and agreed that I. Under DEFENSE the first sentence in the paragraph entitled Exhaustion of Limits is deleted and replaced as follows The Insurer is not obligated to investigate defend pay or settle or continue to investigate defend pay or settle a claim after the applicable limit of the Insurer s liability has been exhausted by payment of damages or after the Insurer has deposited the remaining available limits of liability into a court of competent jurisdiction in satisfaction of a judgment or settlement. Il. Under the definition of Defense Cost paragraph B. is deleted. Il The definition of Damages is amended to add the following Prejudgment interest awarded against an Insured on that part of a judgment covered by this Coverage Part. e BNl e ol e Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. 9926597596605850002008 CNA74920WY 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 13 Effective Date 09102017 RANCE COMPANY | 2 |
cA CNA PARAMOUNT Stop Gap Liability Coverage Endorsement Ohio This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE PART It is understood and agreed that under EXCLUSIONS the paragraph entitied Intentionally Caused is deleted and replaced as follows This insurance does not apply to any actual or alleged bodily injury caused by employer acts committed with the deliberate intent to injure an employee or committed with the belief that injury is substantially certain to occur. However to the fullest extent allowed by Ohio law this exclusion does not apply to bodily injury caused by employer acts that under Ohio law create a rebuttable presumption of intent to injure another. N e e e Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. L92659V596605850002008 CNA752670H 1 15 Policy No 5099654653 Page 1 of 1 Endorsement N 14 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 State Amendatory Endorsement Stop Gap Liability Washington This endorsement modifies insurance provided under the following STOP GAP LIABILITY COVERAGE PART It is understood and agreed that the CONDITIONS entitled CONCEALMENT MISREPRESENTATION AND FRAUD is deleted in its entirety and replaced with the following Concealment Misrepresentation and Fraud No intentional concealment misrepresentation or fraud shall avoid or defeat recovery under this policy unless such intentional concealment misrepresentation or fraud was material. Intentional concealment misrepresentation or fraud in the procurement of this policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. wVA State Amendatory Endorsement All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. B9Z6E59V59660850002008 CNA75267WA 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 15 Effective Date 09102017 RANCE COMPANY | 2 |
cA CNA PARAMOUNT Broad Named Insured Endorsement This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is understood and agreed as follows I. The WHO IS AN INSURED Section is amended to delete its Paragraph 3. in its entirety and replace it with the following 3. Pursuant to the limitations described in Paragraph IV. below any organization in which a Named Insured has management control a. on the effective date of this Coverage Part or b. by reason of a Named Insured creating or acquiring the organization during the policy period qualifies as a Named Insured provided that there is there is no other similar liability insurance whether primary contributory excess contingent or otherwise which provides coverage to such organization or which would have provided coverage but for the exhaustion of its limit and without regard to whether its coverage is broader or narrower than that provided by this insurance. However this BROAD NAMED INSURED provision does not apply to a any partnership limited liability company or joint venture or b any organization for which coverage is excluded by another endorsement attached to this Coverage Part. Il Solely with respect to organizations which qualify as Named Insureds by virtue of this Endorsement this insurance does not apply to a. bodily injury or property damage that first occurred prior to the date of management control or that first occurs after management control ceases nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. Il The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing business as names as any Named Insured should choose to employ. IV. For the purposes of this endorsement a new definition is added as follows Management control means i g A. owning interests representing more than 50 of the voting appointment or designation power for the selection of a majority of the Board of Directors of a corporation or B. having the right pursuant to a written trust agreement to protect control the use of encumber or transfer or sell property held by a trust. V. If the coverage part to which this endorsement applies is part of a package policy that also contains a Commercial General Liability Coverage Part CGL that has been endorsed A. with a Broad Named Insured provision then the CGL s Broad Named Insured provision s terms hereby replace this endorsement s terms including any terms applicable to management control limited liability companies or joint ventures or B. to exclude from coverage an organization that otherwise would qualify as a Named Insured under this Broad Named Insured endorsement then such an organization is also excluded from the coverage provided by this coverage part. CNA75108XX 1 15 Policy No 5099654653 Page 1 of 2 Endorsement No 16 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. ST P I | 2 |
cA CNA PARAMOUNT Broad Named Insured Endorsement ST P I Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA75108XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 16 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
i g cA CNA PARAMOUNT Bridge Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART It is understood and agreed as follows I. The Common Terms and Conditions are amended to delete the sections entitled Bankruptcy and No Suit Against Insurer as the conditions section of the Coverage Part has more specific conditions of its own. IIl. The conditions section is amended to delete the condition entitled When We Do Not Renew. Please refer instead to Condition lll. CANCELLATION NONRENEWAL of the Common Terms and Conditions. lll. The DEFINITIONS section is amended to add the following new definitions Claim means A. asuitor B. awritten or oral demand for damages alleging injury to which this insurance applies. Coverage part means only those coverage parts designated as included in the Schedule of Forms and Endorsements. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a covered claim or B. through compromise or settlement of a covered claim with the Insurer s written consent or direction. Defense costs means those amounts set forth under the SUPPLEMENTARY PAYMENTS section of any applicable coverage part. First Named Insured means the person or organization first listed as a Named Insured in the Declarations. Insured means those persons or organizations as set forth in the section entited Who is an Insured. Named Insured means the persons or organizations named as such in the Declarations and any other person or organization qualifying as a named insured under this policy. Policy period means the period of time from the effective date and time of this Policy to the date and time of termination as shown in the Policy Declarations or its earlier cancellation date. Spouse means any husband or wife or any person qualifying as a domestic partner under any applicable federal state or local laws or under the Named Insured s employee benefit plans. IV. Where the phrase claim or suit appears it is deleted and replaced with the defined term claim. V. Any reference to the Insurer in this Policy refers to the company providing this insurance. Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA62646XX 1 15 Policy No 5099654653 Page 1 of 1 Endorsement No 17 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Arizona Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL A CANCELLATION 1. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. If the policy has been in effect for less than sixty 60 days and is not a renewal the Insurer may cancel the policy for any reason by mailing via certified mail written notice to the Named Insured at the last mailing address known to the Insurer at least a. Ten 10 days before the effective date of cancellation if the Insurer cancels for nonpayment of premium or b. Sixty 60 days before the effective date of cancellation if the Insurer cancels for any other reason. If the policy has been in effect for more than sixty 60 days or if it is a renewal effective immediately the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons a. Nonpayment of premium b. Conviction of the Named Insured or Insureds of a crime arising out of acts increasing the hazard insured against. c. Acts or omissions by the Named Insured or Insureds or a representative of same constituting fraud or material misrepresentation in obtaining the policy in continuing the policy or in presenting a claim under the policy. d. A substantial change in the risk assumed except to the extent that the Insurer should reasonably have foreseen the change or contemplated the risk in writing the contract. e. A substantial breach of contractual duties or conditions. f. Loss of reinsurance applicable to the risk insured against but only if the absence of reinsurance has resulted from termination of treaty or facultative reinsurance initiated or implemented by the reinsurer or reinsurers of the Insurer issuing the policy. g A determination by the Director of Insurance that the continuation of the policy would place the Insurer in violation of the insurance laws of this state or would jeopardize the solvency of the Insurer. h. Acts or omissions by the Named Insured or Insureds or a representative of same which materially increase the hazard insured against. The Insurer will mail via certified mail written notice to the Named Insured at the last mailing address known to the Insurer at least 1268597596605E50002003 Insurer in violation of the insurance laws of this state or would jeopardize the solvency of the Insurer. h. Acts or omissions by the Named Insured or Insureds or a representative of same which materially increase the hazard insured against. The Insurer will mail via certified mail written notice to the Named Insured at the last mailing address known to the Insurer at least CNAB2814AZ 9 12 Policy No 5099654653 Page 1 of 3 Endorsement No 18 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Arizona 6. 7. 1. i. Ten 10 days before the effective date of cancellation if the Insurer cancels for nonpayment of premium or ii. Sixty 60 days before the effective date of cancellation if the Insurer cancels for any other permissible reason. For subsections A.2. and A.3. notice will also be mailed to the Named Insured s agent. The notice will state the actual reason for the cancellation. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice is mailed proof of mailing will be sufficient proof of notice. CANCELLATION FOR CERTAIN REAL PROPERTY If this policy provides coverage a for real property which is used for residential purposes and consists of one through four dwelling units or b personal property except business or farm personal property of a person residing in such real property then the following provisions apply instead of those provided in A. above with respect to the cancellation of coverage. If the policy has been in effect for more than sixty 60 days or if it is a renewal effective immediately the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons a. Nonpayment of premium b. Conviction of the Named Insured or Insureds of a crime arising out of acts increasing the hazard insured against c. Acts or omissions by the Named Insured or Insureds or a representative of same constituting fraud or material misrepresentation in obtaining the policy in continuing the policy or in presenting a claim under the policy d. A substantial change in the risk assumed except to the extent that the Insurer should reasonably have foreseen the change or contemplated the risk in writing the contract e. Discovery of grossly negligent acts or omissions by the Named Insured substantially increasing any of the hazards insured against f. A determination by the Director of Insurance that the continuation of the policy would place the Insurer in violation of the insurance laws of this state or h. The Named Insured s failure to take reasonable steps to eliminate or reduce any conditions in or on the insured premises which contributed to a loss in the past or will increase the probability of future losses. If the Insurer cancels this policy based on one or more of these reasons the Insurer will mail via certified mail written notice to the Named Insured at the last mailing address known to the Insurer at least i. Ten 10 days before the effective date of cancellation if the Insurer cancels for nonpayment of premium or ii. Thirty 30 days before the effective date of cancellation if the Insurer cancels for any other permissible reason. CNA62814AZ 9 12 Page 2 of 3 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 18 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
CNA CNA PARAMOUNT Cancellation Non Renewal Arizona C. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. D. NON RENEWAL 1. The Insurer can non renew the policy by mailing via certified mail written notice to the Named Insured at the last mailing address known to the Insurer at least sixty 60 days before the end of the policy period. 2. For subsection D.1. notice will also be mailed to the Named Insured s agent. 3. The notice of non renewal will state the actual reason for non renewal. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. A notice of non renewal will not be required if either of the following occurs a. The Insurer or a company within the same insurance group has offered to issue a renewal policy or b. The Named Insured has obtained replacement coverage or has agreed in writing to obtain replacement coverage. E. CONDITIONAL RENEWAL 1. The Insurer shall mail or deliver to the Named Insured at the last mailing address known to the Insurer written notice of premium increase change in deductible or reduction in limits or substantial reduction in coverage at least sixty 60 days before the expiration date of the policy. If the Insurer fails to provide the sixty days notice the coverage provided to the Named Insured remains in effect until notice is given or until the effective date of replacement coverage obtained by the Named Insured whichever occurs first. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 50020005350096546539272 2. If notice is mailed proof of mailing will be sufficient proof of notice. Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA62814AZ 9 12 Policy No 5099654653 Page 3 of 3 Endorsement No 18 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Amendatory Endorsement Arizona U PR P It is understood and agreed as follows I Section IV. CONCEALMENT MISREPRESENTATION AND FRAUD of the First Party Terms and Conditions is deleted in its entirety and replaced with the following v. CONCEALMENT MISREPRESENTATION AND FRAUD The Insurer will not pay for any loss or damage in any case involving misrepresentations omissions concealment of facts or incorrect statements A. that are fraudulent B. that are material either to the acceptance of the risk or to the hazard assumed by the Insurer and C. where if the true facts had been known to the Insurer as required either by the application for the policy or otherwise the Insurer in good faith would either 1. not have issued the policy 2. not have issued the policy in as large an amount or 3. not have provided coverage with respect to the hazard resulting in the loss.. Section IV. ADDITIONAL COVERAGE BASKET paragraph C. Fire Department Service Charge Coverage of the Business Property Coverage Part is deleted in its entirety. 50020005350096546539273 All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA62815AZ 9 12 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 19 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
cA CNA PARAMOUNT Calculation of Premium Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART It is understood and agreed that the following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy the Insurer will compute the premium in accordance with the Insurer s rates and rules then in effect. S 1k e e TS All other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. PL26ES9VS9660E50002008 CNA74726XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement N 20 Effective Date 09102017 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Asbestos Exclusion Endorsement This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK STOP GAP COVERAGE PART It is understood and agreed that the following exclusion is added This insurance does not apply to A. bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or B. any loss cost or expense that may be awarded or incurred 1. by reason of a claim for any bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. As used herein asbestos means the mineral in any form whether or not the asbestos was at any time i. airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property. carried on clothing iv. inhaled or ingested or V. transmitted by any other means. PR T P 50020005350096546539275 Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74719XX 1 15 Page 1of 1 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Policy No 5099654653 Endorsement No 21 Effective Date 09102017 Copyright CNA All Rights Reserved | 2 |
i g cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART It is understood and agreed that the policy is amended as follows The insurance does not apply A. under any Liability Coverage to bodily injury or property damage 1. with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability or 2. resulting from the hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b. the Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1. the nuclear material a. is at any nuclear facility owned by or operated by or on behalf of an Insured or b. has been discharged or dispersed therefrom 2. the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or 3. the bodily injury or property damage arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion 3. applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. CNA74727XX 1 15 Policy No 5099654653 Page 1 of 2 Endorsement No 22 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 Nuclear Energy Liability Exc 9L26E59V596605E5000200 JRANCE COMPANY | 2 |
cA CNA PARAMOUNT Nuclear Energy Liability Exclusion Endorsement Broad Form Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material A. containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means A B. D. any nuclear reactor any equipment or device designed or used for 1. separating the isotopes of uranium or plutonium 2. processing or utilizing spent fuel or 3. handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. wVA Nuclear Energy Liability Exc Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA74727XX 1 15 Page 2 of 2 VALLEY FORGE INSURANCE COMPANY Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Policy No 5099654653 Endorsement No 22 Effective Date 09102017 JRANCE COMPANY | 2 |
CNA CNA PARAMOUNT Cap on Losses from Certified Acts of Terrorism Endorsement wVA Cap on Losses from Certifi Solely with respect to the following coverage parts 50020005350096546539277 General Liability Employee Benefits Liability Stop Gap Liability It is understood and agreed as follows A. Cap on Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism pursuant to the Terrorism Risk Insurance Act as extended and reauthorized the Act. The criteria contained in the 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 attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The actis 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. 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 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. B. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this coverage part or Policy such as losses excluded by the Nuclear Hazard Exclusion or the War And Military Action Exclusion. Al other terms and conditions of the Policy remain unchanged. This endorsement which forms a part of and is for attachment to the Policy issued by the designated Insurers takes effect on the effective date of said Policy at the hour stated in said Policy unless another effective date is shown below and expires concurrently with said Policy. CNA81503XX 2 15 Policy No 5099654653 Page 1 of 1 Endorsement No 23 VALLEY FORGE INSURANCE COMPANY Effective Date 09102017 Insured Name GOULD EVANS PA Copyright CNA All Rights Reserved. | 2 |
333 S Wabash Chicago lllinois 60604 CNA Policy Number From Policy Period To Coverage Is Provided By Agency 5099654653 091017 091018 Valley Forge Insurance Company 060692310 Named Insured And Address Agent GOULD EVANS PA LOCKTON COMPANIES LLC 4041 MILL ST 444 W. 47TH ST. 900 KANSAS CITY MO 64111 3008 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 09102017 10102017 11102017 12102017 01102018 02102018 03102018 04102018 05102018 06102018 TOTAL PREMIUM PREMIUM 2931. 976. 976. 976. 976. 976. 976. 976. 976. 976. 11715. 00 00 00 00 00 00 00 00 00 00 00 ISSUE DATE 091517 | 2 |
6LZ6E59V596605E50002008 END OF COPY | 2 |
P N TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for RT S COVE LLC P.0. BOX 192 MT. STERLING IL 62353 Presented by LOCKTON COMPANIES LLC P N TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for RT S COVE LLC P.0. BOX 192 MT. STERLING IL 62353 Presented bv LOCKTON COMPANIES LLC P N TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for RT S COVE LLC P.0. BOX 192 MT. STERLING IL 62353 Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for RT S COVE LLC P.0. BOX 192 MT. STERLING IL 62353 | 2 |
A TRAVELERS J One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 REAL ESTATE OWNERS COMMON POLICY DECLARATIONS ISSUE DATE 122719 POLICY NUMBER Y660 0N157109 TIL20 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA 1. NAMED INSURED AND MAILING ADDRESS RT S COVE LLC P.0. BOX 192 MT. STERLING IL 62353 2. POLICY PERIOD From 010120 to 010121 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COMMERCIAL PROPERTY COV PART DECLARATIONS CP TO 11 01 03 TIL COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 TIL. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company 7. PREMIUM SUMMARY Provisional Premium 53452 Due at Inception 53452 Due at Each COUNTERSIGNED BY NAME AND ADDRESS OF AGENT OR BROKER LOCKTON COMPANIES LLC CFY37 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE KANSAS CITY PAGE 1 OF 1 | 2 |
ISSUE DATE 12 27 19 POLICY NUMBER 660 0N157109 TIL20 Dear Valued Policyholder We are excited to inform you about changes to the structure of your commercial general liability CGL insurance. We are implementing a new proprietary CGL Coverage Form that will update and further simplify our approach to that coverage. Our new CGL coverage form is more closely aligned with ISO s current CGL coverage form and it includes numerous provisions previously contained in our proprietary mandatom endorsements and several coverage enhancements that have been provided in our commonly used XTEND endorsements. In addition we have updated many of our CGL endorsements for improved readability and consistency across our portfolio of policy forms. To complement these CGL policy form changes we are also transitioning our Liquor Liability LL coverage to ISO s current LL coverage form modified by a proprietary Liquor Liability Amendatory Endorsement. This transition will improve consistency and coordination of CGL and LL coverages. Your new Travelers CGL policy will contain coverage terms and conditions substantially similar to those in your expiring Travelers CGL policy. Also in order to make this transition to our new proprietary policy forms as easy as possible for you we will adjust any claims for CGL coverage under your new policy based upon the terms and conditions of either your expiring policy or your new policy whichever are broader. Likewise if your expiring policy includes LL coverage and you are renewing that coverage with us we will adjust any claims for LL coverage under your new policy based upon the terms and conditions of either your expiring policy or your new policy whichever are broader. However this approach to adjustment of claims for CGL and LL coverage is subject to the following exceptions Any differences in the insured locations or insurance schedules or the identity of named insureds or additional insureds. Any reductions in coverage that have been requested by you or your agent or broker or to which you or your agent or broker have agreed during renewal negotiations or any exposures you have elected to insure elsewhere. Any reduction in the amount of the limits of insurance shown in any Declarations or endorsement for your new policy from the amount shown for substantially similar coverage in any Declarations or endorsement for your expiring policy. Any increase in the amount of any deductible self insured retention retrospective loss limitation or coinsurance obligation shown in any Declarations or endorsement for your new policy from the amount shown for substantially similar coverage in any Declarations or endorsement for your expiring policy or any change from a loss sensitive to guaranteed cost rating plan or vice versa. Any other exceptions shown below. We will apply this approach to claims adjusted under your first new Travelers policy. Any claim adjusted under a subsequent Travelers policy will be adjusted based only upon the terms and conditions of that policy. Please review your expiring and new Travelers policies carefully retain your expiring policy and contact your agent or broker if you have any questions about this letter. We appreciate your business and thank you for choosing to insure with us. ADDITIONAL EXCEPTIONS TO THE EXTENT THAT THESE EXCEPTIONS DIFFER FROM THOSE PREVIOUSLY PROVIDED IN ANY NOTICES REGARDING THIS POLICY THE EXCEPTIONS LISTED ABOVE WILL CONTROL. PN U32004 19 Page 1of 2 2019 The Travelers Indemnity Company. Al rights reserved. | 2 |
PN U32004 19 Page 2 of 2 2019 The Travelers Indemnity Company. Al rights reserved. | 2 |
N TRAVELERS POLICY NUMBER Y660 0N157109 TIL20 EFFECTIVE DATE 01 01 20 ISSUE DATE 12 27 19 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL TO 02 11 IL T8 01 10 PN U3 20 04 IL TO 01 01 IL TO 03 04 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS LIBERALIZATION LETTER GL PRODUCT MODERN COMMON POLICY CONDITIONS LOCATION SCHEDULE COMMERCIAL PROPERTY CP TO 11 01 03 COMMERCIAL PROPERTY DECLARATIONS CP TO 00 02 11 TABLE OF CONTENTS COMMERCIAL PROPERTY CP 00 90 07 88 COMMERCIAL PROPERTY CONDITIONS CP T1 00 02 17 BUILDING AND PERSONAL PROPERTY COVERAGE CP T1 08 02 17 CAUSE OF LOSS SPECIAL FORM CP T3 82 02 04 CAUSES OF LOSS EQUIPMENT BREAKDOWN CP T3 02 02 17 CAUSE OF LOSS BROAD FORM FLOOD CP T3 33 02 17 CAUSE OF LOSS EARTHQUAKE CP 04 05 10 12 ORDINANCE OR LAW COVERAGE CP T3 37 02 17 BUILDING OWNERS EXTRA CP T3 38 02 17 PROPERTY EXTRA CP T3 81 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DIS CP T9 41 11 13 MISSOURI CHANGES CP 01 28 07 00 MISSOURI CALCULATION OF ADDITIONAL PREM COMMERCIAL GENERAL LIABILITY cG CcG cG CcG cG cG CcG cG CcG cG cG CcG cG CcG CcG T0 TO TO TO T1 20 Dl D4 D4 D6 DO Dl F2 F2 02 01 07 08 34 COML GENERAL LIABILITY COV PART DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COM GEN LIAB COV COMMERCIAL GENERAL LIABILITY COV FORM ADDL INS CONDOMINIUM UNIT OWNERS ADDITIONAL INSURED CLUB MEMBER XTEND ENDT FOR MFRS WHOLESALERS AMEND CONTRAC LIAB EXCL EXC TO NAMED INS EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCLUSION LEAD EXCLUSION DISCRIMINATION MISSOURI CHGS DEFINITION OF POLLUTANTS ILLINOIS CHANGES CONDOMINIUMS IL CHANGES CANCELLATION AND NONRENEWAL PAGE ILT8 011093 | 2 |
N TRAVELERS POLICY NUMBER Y660 0N157109 TIL20 EFFECTIVE DATE 01 01 20 ISSUE DATE 12 27 19 INTERLINE ENDORSEMENTS T3 T4 FEDERAL TERRORISM RISK INS ACT DISCLOSE AMNDT COMMON POLICY COND PROHIBITED COVG CAP ON LOSSES CERTIFIED ACT OF TERRORISM EXCL OF LOSS DUE TO VIRUS OR BACTERIA MO CHANGES DEFINTION OF POLLUTANTS NUCLEAR ENERGY LIAB EXCL END BROAD FORM MISSOURI CHANGES MISSOURI CHANGES POLLUTION ILLINOIS CHANGES CANCL AND NONRENEW EXCLUSION OF CERTAIN COMPUTER LOSSES PAGE ILT8 011093 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions A. Cancellation 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can celled we will send the first Named Insured any premium refund due. If we cancel the re fund will be pro rata. If the first Named In sured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re fund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us as part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advi sory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or rec ommendations we may make relative to certi fication under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla rations a. Is responsible for the payment of all pre miums and b. Wil be the payee for any return premi ums we pay. 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The pre mium shown in the Declarations was com puted based on rates and rules in effect at IL TO 01 01 07 Rev. 09 18 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
the time the policy was issued. On each re newal continuation or anniversary of the ef fective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary cus tody of your property will have your rights and duties but only with respect to that property. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is counter signed by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ President Wy C S Includes the copyrighted material of Insurance Services Office Inc. with its permission. IL. TO 01 01 07 Rev. 09 18 Page 2 of 2 | 2 |
LOCATION SCHEDULE POLICY NUMBER Y660 0N157109 TIL20 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 01 01 20 to 01 01 21. Loc. Bldg. No. No. Address Occupancy 1 1 P.0. BOX 192 OFFICE 1 DOT WAY MOUNT STERLING IL 62353 2 2 1370 1374 DIAMOND BLVD TRIPLEX OSAGE BEACH MO 65065 3 3 1371 1373 DIAMOND BLVD DUPLEX OSAGE BEACH MO 65065 4 4 1376 1378 DIAMOND BLVD DUPLEX OSAGE BEACH MO 65065 5 5 1380 1382 DIAMOND BLVD DUPLEX OSAGE BEACH MO 65065 6 6 1370 1374 1371 1373 DIAMOND BLVD CLUB HOUSE OSAGE BEACH MO 65065 7 7 1370 1374 1371 1373 DIAMOND BLVD POOL HOUSE OSAGE BEACH MO 65065 Occupancy OFFICE TRIPLEX DUPLEX DUPLEX DUPLEX CLUB HOUSE POOL HOUSE IL TO 03 04 96 Page 1 END | 2 |
COMMERCIAL PROPERTY | 2 |
COMMERCIAL PROPERTY | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 COVERAGE PART DECLARATIONS ISSUE DATE 12 27 19 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA DECLARATIONS PERIOD From 010120 to 010121 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial Property Coverage Part consists of these Declarations and the attached Supplemental Declarations Schedules Table of Contents Commercial Property Conditions the Coverage Forms the Cause of Loss Forms and endorsements. 1. COVERAGE Insurance applies only to premises locations and building number s shown below for the coverages optional coverages or coverage options indicated in this Declarations or specified in any endorsements attached to this Coverage Part. 2. DEDUCTIBLE The following deductible applies unless a different or more specific deductible is indicated within this Declarations or by endorsement. 10000 per occurrence PREMISES LOCATION NO. 0002 BUILDING NO. 0002 LIMIT OF CAUSES INSURANCE COINSURANCE OF LOSS 11004000 100 Special Blanket Limit 1 COVERAGE Building Agreed Value applies Replacement Cost applies Your Business Personal Property Agreed Value applies Replacement Cost applies 472500 Blanket Limit 2 100 Special PREMISES LOCATION NO. 0003 BUILDING NO. 0003 LIMIT OF INSURANCE Included In Blanket Limit 1 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Building Agreed Value applies Replacement Cost applies CPT0 110103 PRODUCER LOCKTON COMPANIES LLC OFFICE KANSAS CITY CFY37 nan nan nan nan 95.0 | 2 |
P N TRAVELERS COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS COVERAGE Your Business Personal Property Aareed Value avplies One Tower Square Hartford Connecticut 06183 POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE 12 27 19 LIMIT OF CAUSES INSURANCE COINSURANCE OF LOSS Included In 100 Special Blanket Limit 2 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Your Business Personal Property Agreed Value applies Replacement Cost applies PREMISES LOCATION NO. 0004 BUILDING NO. 0004 LIMIT OF INSURANCE Included In Blanket Limit 1 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Building Agreed Value applies Replacement Cost applies Your Business Personal Property Agreed Value applies Replacement Cost applies Included In Blanket Limit 2 100 Special PREMISES LOCATION NO. 0005 BUILDING NO. 0005 LIMIT OF INSURANCE 1260000 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Building Replacement Cost applies Your Business Personal Property Agreed Value applies Replacement Cost applies Included In Blanket Limit 2 100 Special PREMISES LOCATION NO. 0006 BUILDING NO. 0006 LIMIT OF INSURANCE Included In Blanket Limit 1 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Building Agreed Value applies Replacement Cost applies CPT0 110103 PRODUCER LOCKTON COMPANIES LLC OFFICE KANSAS CITY CFY37 nan nan nan nan 95.0 | 2 |
P N TRAVELERS COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS COVERAGE Your Business Personal Property Aareed Value avplies One Tower Square Hartford Connecticut 06183 POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE 12 27 19 LIMIT OF CAUSES INSURANCE COINSURANCE OF LOSS Included In 100 Special Blanket Limit 2 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Your Business Personal Property Agreed Value applies Replacement Cost applies PREMISES LOCATION NO. 0007 BUILDING NO. 0007 LIMIT OF INSURANCE Included In Blanket Limit 1 CAUSES COINSURANCE OF LOSS 100 Special COVERAGE Building Agreed Value applies Replacement Cost applies Your Business Personal Property Replacement Cost applies 5250 100 Special CPT0 110103 PRODUCER LOCKTON COMPANIES LLC OFFICE KANSAS CITY CFY37 nan nan nan nan 95.0 | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 COVERAGE PART DECLARATIONS ISSUE DATE 12 27 19 SUPPLEMENTAL DECLARATIONS ADDITIONAL COVERAGES COVERAGE EXTENSIONS The following Additional Coverages and Coverage Extensions are provided under the Coverage Forms listed below for the Limits of Insurance shown. These Limits of Insurance apply in any one occurrence unless otherwise stated. Some of these Additional Coverages and Coverage Extensions or the applicable Limits of Insurance may be modified by endorsements attached to this policy. There may also be other Additional Coverages or Coverage Extensions within your policy. Please read it carefully. BUILDING AND PERSONAL PROPERTY COVERAGE FORM Limit of Additional Coverages Insurance Debris Removal Additional Amount at each described premises 25000 Pollutant Cleanup and Removal 12 Month Aggregate Limit 25000 Preservation of Property Policy Limit Fire Department Service Charge 5000 Reward Coverage Maximum Limit 5000 Increased Cost of Construction At each described premises 10000 Fire Protective Equipment Discharge 5000 Coverage Extensions Newly Acquired or Constructed Property Each Building 500000 Personal Property in total at each premises 250000 Personal Effects and Property of Others At each described premises 10000 Any one employee 2500 Valuable Papers and Records At each described premises 10000 Property Off Premises At any installation premises or temporary storage premises while awaiting installation 10000 At any other premises you do not own lease or regularly operate including fairs trade shows and exhibitions 25000 Temporary Relocation of Property 50000 Outdoor Property 10000 Any one tree shrub or plant 500 Any one antenna 2500 Claim Data Expense 2500 CPT0 110103 PRODUCER LOCKTON COMPANIES LLC CFY37 OFFICE KANSAS CITY 095 Limit of Insurance 25000 25000 Policy Limit 5000 5000 10000 5000 w o wn 500000 250000 10000 2500 10000 10000 uuaan 25000 50000 10000 500 2500 2500 OFFICE KANSAS CITY CFY37 nan nan nan nan 95.0 | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 COVERAGE PART DECLARATIONS ISSUE DATE 12 27 19 BUILDING AND PERSONAL PROPERTY COVERAGE FORM continued Limit of Coverage Extensions Insurance Extra Expense including Expediting Expenses 2500 Accounts Receivable At each described premises 10000 Non Owned Detached Trailers 5000 Outside Signs 2500 Covered Property in Tramsit 10000 Duplicate Electronic Data Processing Data Media 10000 Electronic Data Processing Equipment and Data Media Limited 10000 Theft Damage to Rented Property Policy Limit CPT0 110103 PRODUCER LOCKTON COMPANIES LLC OFFICE KANSAS CITY CFY37 nan nan nan nan 95.0 | 2 |
COMMERCIAL PROPERTY TABLE OF CONTENTS COMMERCIAL PROPERTY COVERAGE PART The following indicates the contents of the principal Forms which may be attached to your policy. It contains no reference to the Declarations or Endorsements which also may be attached. Page No. Varies By Form COMMERCIAL PROPERTY CONDITIONS Concealment Misrepresentation or Fraud Control Of Property Insurance Under Two or More Coverages Legal Action Against Us Liberalization No Benefit to Bailee Other Insurance Policy Period Coverage Territory Transfer of Rights of Recovery Against Others to Us BUILDING AND PERSONAL PROPERTY COVERAGE FORM TIOMMOOD A. Coverage B. Exclusions and Limitations C. Limits of Insurance D. Deductible E. Loss Conditions F. Additional Conditions G. Optional Coverages H. Definitions CAUSES OF LOSS BASIC FORM A. Covered Causes of Loss B. Exclusions C. Limitations D. Definitions CAUSES OF LOSS BROAD FORM A. Covered Causes of Loss B. Exclusions C. Limitations D. Additional Coverage Collapse E. Definitions CAUSES OF LOSS SPECIAL FORM Covered Causes of Loss Exclusions Limitations Additional Coverage Collapse Additional Coverage Extensions Definitions Tmoow BUSINESS INCOME COVERAGE FORM Coverage Covered Causes of Loss Exclusions and Limi tations Limits of Insurance Loss Conditions Additional Condition Optional Coverages Definitions BUILDERS RISK COVERAGE FORM OMMoOO Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Conditions Definition CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM IOMMOO W Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Conditions Optional Coverages Definition COMMERCIAL UNIT OWNERS COVERAGE FORM IOMMOO W Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Condition Optional Coverages Definitions TRDPLEL VI VVINTLRINTIY COMMERCIAL PROPERTY COVERAGE PART COME COVERAGE FORM ERTY CONDITIONS Misrepresentation or Fraud operty der Two or More Coverages Against Us Bailee ce Coverage Territory ights of Recovery Against SONAL PROPERTY d Limitations rance ns nditions erages BASIC FORM ses of Loss BROAD FORM ses of Loss verage Collapse SPECIAL FORM ses of Loss verage Collapse verage Extensions BUSINESS INCOME COVERAGE FORM Coverage Covered Causes of Loss Exclusions and Limi tations Limits of Insurance Loss Conditions Additional Condition Optional Coverages Definitions BUILDERS RISK COVERAGE FORM OMMoOO Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Conditions Definition CONDOMINIUM ASSOCIATION COVERAGE FORM CONDOMINIUM IOMMOO W Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Conditions Optional Coverages Definition COMMERCIAL UNIT OWNERS COVERAGE FORM IOMMOO W Coverage Exclusions and Limitations Limits of Insurance Deductible Loss Conditions Additional Condition Optional Coverages Definitions S AGE FORM nitations ns nitations CPT0000211 Page 1 of 2 | 2 |
COMMERCIAL PROPERTY TABLE OF CONTENTS Contd Page No. Varies By Form EXTRA EXPENSE COVERAGE FORM LEASEHOLD INTEREST COVERAGE FORM A. Coverage A. Coverage B. Covered Causes of Loss Exclusions B. Exclusions and Limitations C. Limits of Insurance C. Limits of Insurance D. Loss Conditions D. Loss Conditions E. Additional Condition E. Definitions F. Definitions LEGAL LIABILITY COVERAGE FORM FORECLOSED PROPERTY COVERAGE FORM A. Coverage A. Coverage B. Exclusions B. Exclusions and Limitations C. Limits of Insurance C. Limits of Insurance D. Loss Conditions D. Deductible E. Additional Conditions E. Loss Conditions F. Definition F. Additional Conditions MORTGAGEHOLDER S ERRORS AND OMISSIONS G. Definitions COVERAGE FORM SECURITY INTEREST ERRORS AND OMISSIONS A. Coverage COVERAGE FORM B. Exclusions A. Coverage C. Limitations B. Exclusions D. Limits of Insurance C. Limits of Insurance E. Deductible D. Deductible F. Additional Coverage Collapse E. Commercial Property Conditions G. Additional Coverage Limited Coverage F. Loss Conditions for Fungus Wet Rot or Dry Rot G. Additional Conditions H. Additional Conditions H. Definitions I Definifons TOBACCO SALES WAREHOUSES COVERAGE FORM Coverage Exclusions Limits of Insurance Deductible Loss Conditions Additional Conditions Definitions OMmMoOOow TRk Wy NTEREST COVERAGE FORM ge ions of Insurance onditions nal Condition ons PROPERTY COVERAGE FORM ge ions and Limitations of Insurance tible onditions nal Conditions Ane DVERAGE FORM ses of Loss Exclusions 1S rance ns VERAGE FORM rance ns nditions T OMmMOO Coverage Exclusions Limitations Limits of Insurance Deductible Additional Coverage Collapse Additional Coverage Limited Coverage for Fungus Wet Rot or Dry Rot Additional Conditions Definitions COVER IOMMOO w AGE FORM Coverage Exclusions Limits of Insurance Deductible Commercial Property Conditions Loss Conditions Additional Conditions Definitions TOBACCO SALES WAREHOUSES FORM OMmMoOOow Coverage Exclusions Limits of Insurance Deductible Loss Conditions Additional Conditions Definitions COVERAG rance roperty Conditions ns nditions CPT0000211 Page 2 of 2 | 2 |
COMMERCIAL PROPERTY COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. CONCEALMENT MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally conceal or misrepresent a material fact concerning 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. A claim under this Coverage Part. CONTROL OF PROPERTY Any act or neglect of any person other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not affect coverage at any location where at the time of loss or damage the breach of condition does not exist. INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy s coverages apply to the same loss or damage we will not pay more than the actual amount of the loss or damage. LEGAL ACTION AGAINST US No one may bring a legal action against us under this Coverage Part unless 1. There has been full compliance with all of the terms of this Coverage Part and 2. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. LIBERALIZATION If we adopt any revision that would broaden the coverage under this Coverage Part without addi tional premium within 45 days prior to or during the policy period the broadened coverage will immediately apply to this Coverage Part. NO BENEFIT TO BAILEE No person or organization other than you having custody of Covered Property will benefit from this insurance.. OTHER INSURANCE 1. You may have other insurance subject to the same plan terms conditions and provisions as the insurance under this Coverage Part. If you do we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of In surance of all insurance covering on the same basis. 2. If there is other insurance covering the same loss or damage other than that described in 1. above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance.. POLICY PERIOD COVERAGE TERRITORY Under this Coverage Part 1. We cover loss or damage commencing a. During the policy period shown in the Declarations and b. Within the coverage territory. 2. The coverage territory is a. The United States of America including its territories and possessions b. Puerto Rico and c. Canada. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But CP 0090 07 88 Copyright ISO Commercial Risk Services Inc. 1983 1987 Page 1 of 2 | 2 |
COMMERCIAL PROPERTY you may waive your rights against another party in writing 1. Prior to a loss to your Covered Property or Covered Income. 2. After a loss to your Covered Property or Covered Income only if at time of loss that party is one of the following a. Someone insured by this insurance b. Abusiness firm 1 Owned or controlled by you or 2 That owns or controls you or. Your tenant. This will not restrict your insurance. Page 2 of 2 Copyright ISO Commercial Risk Services Inc. 1983 1987 CP 009007 88 | 2 |
COMMERCIAL PROPERTY BUILDING AND PERSONAL PROPERTY 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 the policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION H DEFINITIONS. A. COVERAGE We will pay for direct physical loss of or damage to Covered Property at the premises described in the Declarations caused by or resulting from a Covered Cause of Loss. 1. Covered Property Covered Property as used in this Coverage Part means the type of property described in this section A.1. and limited in A.2. Property Not Covered if a Limit of Insurance is shown in the Declarations for that type of property. a. Buildings meaning the buildings or structures described in the Declarations including 1 Completed additions 2 Fixtures including outdoor fixtures 3 Machinery and equipment permanently attached to the building or structure 4 Personal property owned by you that is used to maintain or service the building or structure or its premises including a Fire extinguishing equipment b Outdoor furniture c Floor coverings d Lobby and hallway fumishings owned by you e Appliances used for refrigerating ventilating cooking dishwashing or laundering not used for restaurant operations f Lawn maintenance and snow removal equipment and g Alarm systems 5 If not covered by other insurance a Alterations and repairs to the building or structure and b Materials equipment supplies and temporary structures on or within 1000 feet of the described premises used for making alterations or repairs to the building or structure. b. Your Business Personal Property consists of the following property located in or on the building or structure described in the Declarations or in the open or in a vehicle within 1000 feet of the building or structure or within 1000 feet of the premises described in the Declarations whichever distance is greater 1 Furniture and fixtures 2 Machinery and equipment 3 Stock 4 All other personal property owned by you and used in your business 5 Labor materials or services furnished or arranged by you on personal property of others 6 Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures alterations installations or additions a Made a part of the building or structure you occupy or lease but do not own and b You acquired or made at your expense but are not permitted to remove 7 Leased personal property for which you have a contractual responsibility to insure unless coverage is CPT1000217 Page 1 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 2. Property Not Covered Unless the following property is added by endorsement to this Coverage Form Covered Property does not include a. Accounts bills currency other evidences of debt money notes checks drafts securities or food stamps except as provided in the Accounts Receivable Coverage Extension. Lottery tickets held for sale are not securities Animals unless owned by others and boarded by you or if owned by you only as stock while inside of buildings Automobiles motorcycles motor trucks motor homes and similar vehicles held for sale lease loan or rent Contraband or property in the course of illegal transportation or trade The cost of excavations grading back filling or filling Foundations of buildings structures machinery or boilers if their foundations are below 1 The lowest basement floor or 2 The surface of the ground if there is no basement Water or land whether in its natural state or otherwise including land on which the property is located land improvements growing crops standing timber Aircraft or watercraft other than watercraft owned by you while out of water at the described premises and personal property while airborne or waterborne except as provided in the Covered Property In Transit Coverage Extension Bulkheads pilings piers wharves docks dikes or dams Property that is covered under another Coverage Form of this or any other policy in which it is more specifically described except for the excess over the amount due whether you can collect on it or not from that other insurance The following underground property 1 Wires 2 Pipes flues and drains 3 Tanks including their contents otherwise provided for under Personal Property of Others. Your Business Personal Property does not include Electronic Data Processing Equipment or Electronic Data Processing Data and Media except as provided under Sections A.1.d. Electronic Data Processing Equipment and A.l.e. Electronic Data Processing Data and Media. c. Personal Property of Others that is 1 Inyour care custody or control and 2 Located in or on the building or structure described in the Declarations or in the open or in a vehicle within 1000 feet of the building or structure or within 1000 feet of the premises described in the Declarations whichever distance is greater. However our payment for loss of or damage to Personal Property of Others will only be for the account of the owner of the property. Personal Property of Others does not include Electronic Data Processing Equipment or Electronic Data Processing Data and Media except as provided under Sections A.1.d. Electronic Data Processing Equipment and A.l.e. Electronic Data Processing Data and Media. d. Electronic Data Processing Equipment that you own or lease or that is in your care custody or control while located in or on the building or structure described in the Declarations or in the open or in a vehicle within 1000 feet of the building or structure or within 1000 feet of the premises described in the Declarations whichever distance is greater. e. Electronic Data Processing Data and Media that you own or lease or that is in your care custody or control while located in or on the building or structure described in the Declarations or in the open or in a vehicle within 1000 feet of the building or structure or within 1000 feet of the premises described in the Declarations whichever distance is greater. Page 2 of 20 2017 The Travelers Indemnity Includes copyrighted material of Insurance CPT1000217 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 0. 4 Tunnels whether or not connected to buildings 5 Mines or mining property The cost to research replace or restore the information on Valuable Papers and Records except as provided in the Valuable Papers and Records Cost of Research Coverage Extension Vehicles or self propelled machines that 1 Are licensed for use on public roads or 2 Are operated principally away from the described premises but this paragraph does not apply to a Vehicles self propelled machines or automobiles you manufacture process or warehouse b Vehicles or self propelled machines you hold for sale lease loan or rent other than those excluded under A.2.c. above or c Trailers and Semi Trailers to the extent covered under the Non Owned Detached Trailers Coverage Extension The following property while outside of buildings 1 Harvested grain hay straw or other crops or 2 The following Outdoor Property except as provided in the Outdoor Property Coverage Extension a Bridges walks roadways patios or other paved surfaces b Retaining walls that are not part of the buildings described in the Declarations c Fences trees shrubs and plants other than trees shrubs or plants which are stock or are part of a vegetated roof or lawns including fairways greens and tees other than lawns which are part of a vegetated roof or d Radio or television antennas including microwave or satellite dishes and their lead in wiring masts or towers The cost of restoring land or water p Any Electronic Data Processing Data and Media which is obsolete or no longer used by you q. Outside signs except as provided in the Outside Signs Coverage Extension r. Additions under construction except as provided in the Newly Acquired or Constructed Property Coverage Extension or s. Human body parts and fluids including organs tissue blood and cells. Covered Causes of Loss See applicable Causes Of Loss Form as shown in the Declarations. Additional Coverages Each of these Additional Coverages is additional insurance unless otherwise indicated. Unless otherwise indicated in the Declarations or by endorsement the following Additional Coverages apply a. Debris Removal 1 We will pay your expense to remove debris of Covered Property and other debris that is on the described premises other than outdoor property as included in the Outdoor Property Coverage Extension when such debris is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. This Additional Coverage does not apply to costs to a Remove debris of property of yours that is not insured under this policy or property in your possession that is not Covered Property Remove debris of property owned by or leased to the landlord of the building where your described premises are located unless you have a contractual responsibility to insure such property and it is insured under this policy b CPT1000217 Page 3 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY c Remove any property that is Property Not Covered including property addressed under the Outdoor Property Coverage Extension Remove property of others of a type that would not be Covered Property under this Coverage Form e Remove deposits of mud or earth from the grounds of the described premises f Extract pollutants from land or water or g Remove restore or replace polluted land or water. 2 Except as provided in 3 below payment for Debris Removal is included within the applicable Limit of Insurance shown in the Declarations. The most we will pay under this Additional Coverage is 25 of a The amount we pay for the direct physical loss of or damage to Covered Property plus b The deductible in this Coverage Part applicable to that loss or damage. However if no Covered Property has sustained direct physical loss or damage the most we will pay for removal of debris of other property if such removal is covered under this Additional Coverage is 5000 at each location. 3 When the debris removal expense exceeds the 25 limitation in 2 above or when the sum of the debris removal expense and the amount we pay for the direct physical loss of or damage to Covered Property exceeds the applicable Limit of Insurance we will pay an additional amount for debris removal expense up to 25000 for each of your premises in any one occurrence. b. Pollutant Cleanup and Removal We will pay your expense to extract pollutants from land or water at the described premises if the discharge dispersal seepage migration release or escape of the pollutants is caused by or Page 4 of 20 2017 The Travelers Indemnity Includes copyrighted material of Insurance results from a Covered Cause of Loss which occurs 1 On the described premises 2 To Covered Property and 3 During the policy period. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for monitor or assess the existence concentration or effects of pollutants. But we will pay for testing which is performed in the course of extracting the pollutants from the land or water. The most we will pay under this Additional Coverage is 25000 for the sum of all covered expenses arising out of all Covered Causes of Loss occurring during each separate 12 month period of this policy beginning with the effective date of this policy. Preservation of Property If it is necessary to temporarily move Covered Property from the described premises to preserve it from the threat of imminent loss or damage by a Covered Cause of Loss 1 We will pay for the reasonable and necessary expenses incurred by you to remove the Covered Property from the described premises temporarily store the Covered Property at another location and move the Covered Property back to the described premises within a reasonable time after the threat of imminent loss or damage to the property by the Covered Cause of Loss passes. The most we will pay for the sum of all such expenses that you incur due to the threat of loss or damage from any one occurrence is 100000 subject to the following a This Limit of Insurance is an additional amount of insurance that is not included in and does not reduce the Covered Property Limits of Insurance. b When the Causes of Loss Earthquake endorsement or CPT1000217 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY c d Causes of Loss Earthquake Sprinkler Leakage endorsement is included in this Coverage Part our payment for the sum of all expenses incurred due to the threat of loss or damage to Covered Property from all threatened occurrences of all such Covered Causes of Loss in any one policy year will not exceed 100000. This limit is not included in and does not reduce the Limits of Insurance that apply to loss or damage to which the Causes of Loss Earthquake endorsement or the Causes of Loss Earthquake Sprinkler Leakage endorsement applies. When the Causes of Loss Broad Form Flood endorsement is included in this Coverage Part our payment for the sum of all expenses incurred due to the threat of loss or damage to Covered Property from all threatened occurrences of such Covered Cause of Loss in any one policy year will not exceed 100000. This limit is not included in and does not reduce the Limits of Insurance that apply to loss or damage to which the Causes of Loss Broad Form Flood endorsement applies. If the threat of imminent direct physical loss or damage to Covered Property from the same occurrence spans over multiple policy years only the limit that applies to this Coverage in the policy year in which the expenses are first incurred by you will apply to the total of the expenses incurred due to the threat of loss or damage from that occurrence. This Coverage is subject to the deductible that applies to loss or damage to the Covered Property by the Covered Cause of Loss from which the property is being preserved. 2 We will also pay for any direct physical loss of or damage to the CPT1000217 2017 The Travelers Indemnit Includes copyrighted material of Insurance Covered Property while it is being moved from the described premises while temporarily stored at another location or while being moved back to the described premises subject to the following a This Coverage is subject to and does not increase the applicable Covered Property Limit of Insurance. b This Coverage will only apply if the loss or damage occurs within 90 days after the Covered Property is first moved and will end when any of the following first occurs The policy is amended to provide insurance at the new location ii The Covered Property is returned to the original location or iiii This policy expires. d. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss we will pay up to 5000 for service at each premises described in the Declarations. Such limit is the most we will pay regardless of the number of responding fire departments or fire units and regardless of the number or type of services performed. This Additional Coverage applies to your liability for fire department service charges 1 Assumed by contract or agreement prior to loss or 2 Required by local ordinance. No Deductible applies to this Additional Coverage. e. Reward Coverage We will reimburse you for rewards you have incurred for information leading to 1 The successful return of undamaged stolen Covered Property to a law enforcement agency or 2 The arest and conviction of any person who has damaged or stolen any of your Covered Property. Page 5 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY described premises is 10000 in any one occurrence. 7 With respect to this Additional Coverage a We will not pay the Increased Cost of Construction or Repair i Until the property is actually repaired or replaced at the same or another premises and i Unless the repair or replacement is made as soon as reasonably possible after the loss or damage not to exceed two years. We may extend this period in writing during the two years. b If the building is repaired or replaced at the same premises or if you elect to rebuild at another premises the most we will pay for the Increased Cost of Construction or Repair subject to the provisions of f.6 of this Additional Coverage is the increased cost of construction or repair at the same premises. c If the ordinance or law requires relocation to another premises the most we will pay for the Increased Cost of Construction or Repair subject to the provisions of f6 of this Additional Coverage is the increased cost of construction or repair at the new premises. 8 This Additional Coverage is not subject to the terms of the Ordinance or Law Exclusion to the extent that such Exclusion would conflict with the provisions of this Additional Coverage. Fire Protective Equipment Discharge If fire protective equipment discharges accidentally or to control a Covered Cause of Loss we will pay your cost to 1 Refill or recharge the system with the extinguishing agents that were discharged and 2 Replace or repair faulty valves or controls which caused the discharge. We will pay 25 of the covered loss prior to the application of any applicable deductible and recovery of undamaged stolen Covered Property up to a maximum of 5000 in any one occurrence for the payments of rewards you make. These reward payments must be documented. No deductible applies to this Additional Coverage. Increased Cost of Construction or Repair 1 This Additional Coverage applies only to buildings to which the Replacement Cost Optional Coverage applies. 2 Inthe event of damage by a Covered Cause of Loss to buildings that are Covered Property we will pay the increased costs incurred to comply with the minimum standards of an ordinance or law in the course of repair rebuilding or replacement of damaged parts of that property subject to the limitations stated in.3 through f.8 of this Additional Coverage. 3 The ordinance or law referred to in.2 of this Additional Coverage is an ordinance or law that regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and is in force at the time of loss. 4 Under this Additional Coverage we will not pay any costs due to an ordinance or law that a You were required to comply with before the loss even when the building was undamaged and b You failed to comply with. 5 Under this Additional Coverage we will not pay any costs associated with the enforcement of or compliance with an ordinance or law which requires any insured or others to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 6 The most we will pay under this Additional Coverage at each of your CPT1000217 Page 6 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY The most we will pay under this Additional Coverage is 5000 in any one occurrence. Coverage Extensions Each of these Coverage Extensions is additional insurance unless otherwise indicated. Unless otherwise indicated in the Declarations or by endorsement the following Coverage Extensions apply a. Newly Acquired or Constructed Property We will pay for direct physical loss or damage by a Covered Cause of Loss to 1 Buildings a Your new buildings or additions to existing buildings insured under this Coverage Part while being built on the described premises or newly acquired premises including materials equipment supplies and temporary structures on or within 1000 feet of the premises and b Buildings you acquire at the described premises or at locations other than the described premises. The most we will pay for loss or damage to this building property in any one occurrence is 500000 at each building. 2 Your Business Personal Property Personal Property of Others Electronic Data Processing Equipment and Electronic Data Processing Data and Media a If a Limit of Insurance is shown in the Declarations for Your Business Personal Property Personal Property of Others Electronic Data Processing Equipment or Electronic Data Processing Data and Media you may extend that insurance to apply to that type of property at i A building you newly acquire at a location described in the Declarations or ii At any other location you i At her i acquire by purchase or lease other than at fairs trade shows or exhibitions. The most we will pay for loss or damage to all types of property described above in any one occurrence is 250000 in total at each location. 3 With respect to insurance provided under this Coverage Extension for Newly Acquired or Constructed Property coverage will end when any of the following first occurs a This policy expires b 90 days expire after you acquire or begin to construct the property c You report values to us or d The property is more specifically insured. We will charge you additional premium for values reported from the date construction begins or you acquire the property. b. Personal Effects and Property of Others You may extend the insurance that applies to Your Business Personal Property to apply to the following types of property only while on the described premises 1 Personal effects or Fine Arts owned by you your officers your partners your managers or your employees. Personal property other than personal effects Fine Arts Electronic Data Processing Equipment or Electronic Data Processing Data and Media owned by a Your employees for not more than 2500 for any one employee or b Others and in your care custody or control. The most we will pay for loss or damage under this Extension in any one occurrence is 10000 at each described premises. The direct physical loss or damage must be caused by a Covered Cause of Loss. Our payment for loss of or damage to personal property of others CPT1000217 Page 7 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY c At any other premises within the Coverage Territory that you do not own lease or regularly operate. 2 This Extension does not apply to a Property in due course of transit b Property to which the Temporary Relocation of Property or the Duplicate Electronic Data Processing Data and Media Coverage Extensions apply or c Property sold by you under an installment plan conditional sale trust agreement or other deferred payment plan after delivery to the purchasers. 3 The most we will pay for loss or damage in any one occurrence under this Extension is 25000 but we will not pay more than 10000 at any installation premises or temporary storage premises while awaiting installation. e. Temporary Relocation of Property If Personal Property for which a Limit of Insurance is shown in the Declarations is removed from the described premises and stored temporarily at another location you own lease or operate while the described premises is being renovated or remodeled we will pay for direct physical loss or damage to that stored property 1 Caused by or resulting from a Covered Cause of Loss 2 Up to 50000 in any one occurrence and 3 During the storage period of up to 90 consecutive days but not beyond the expiration date of this policy. This Extension does not apply if the stored property is more specifically insured. f. Outdoor Property You may extend the insurance provided by this Coverage Form to apply to your outdoor property described below on the described premises as follows 1 Fences retaining walls that are not part of a building lawns including fairways greens and tees other than lawns which are part of a. All rights reserved. CPT1000217 Office Inc. with its permission. will only be for the account of the owner of the property. Valuable Papers and Records Cost of Research You may extend the insurance that applies to Your Business Personal Property to apply to your costs to research replace or restore the lost information on lost or damaged Valuable Papers and Records for which duplicates do not exist. The most we will pay under this Extension in any one occurrence is 10000 at each described premises. The direct physical loss or damage must be caused by a Covered Cause of Loss. Property Off Premises 1 You may extend the insurance that applies to your Covered Property and Covered Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to such property while temporarily away from the described premises a At any fair trade show or exhibition within the Coverage Territory at a premises you do not own lease or regularly operate b At installation premises or temporary storage premises while awaiting installation within the Coverage Territory that you do not own lease or regularly operate. This coverage applies only to such property that will or has become a permanent part of an installation project being performed for others by you or on your behalf. This coverage will end when any of the following first occurs i Your interest in the property ceases i The installation is accepted iii The installation is abandoned iv The property is more specifically insured or v This policy is cancelled or expires whichever occurs first or Page 8 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY CPT1000217 vegetated roof trees shrubs and plants other than trees shrubs or plants which are stock or are part of a vegetated roof bridges walks roadways patios or other paved surfaces for loss or damage by the following causes of loss if they are a Covered Cause of Loss a Fire b Lightning c Explosion d Riot or Civil Commotion e Aircraft f Falling Objects g Sinkhole Collapse or h Volcanic Action. 2 Radio and television antennas including microwave or satellite dishes for loss or damage by the following causes of loss if they are a Covered Cause of Loss a A cause of loss listed in 1a through 1h above b Windstorm or hail c Vehicles or d vandalism. The most we will pay under this Extension in any one occurrence is 10000 but we will not pay more than 500 for any one tree shrub or plant nor more than 2500 for any one antenna. We will also pay your necessary and reasonable expense that you incur to remove debris of Outdoor Property shown under f.1 and f.2 above at your described premises caused by or resulting from a Covered Cause of Loss listed above that occurs during the policy period. Such expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. This will not increase the Limits of Insurance that apply to this Extension. Subject to all terms and limitations of coverage this Coverage Extension includes the expense of removing from the described premises the debris of trees shrubs and plants which are the property of others except in the situation 2017 The Travelers Indemnity Company. Al rights reserved. in which you are a tenant and such property is owned by the landlord of the described premises. Claim Data Expense You may extend the insurance provided by this Coverage Form to apply to the expense you incur in preparing claim data when we require it. This includes the cost of taking inventories making appraisals and preparing other documentation to show the extent of loss. The most we will pay for preparation of claim data under this Extension in any one occurrence is 2500. We will not pay for 1 Any expenses incurred directed or billed by or payable to attorneys insurance adjusters or their associates or subsidiaries 2 Any costs as provided in the Loss Condition Appraisal or 3 Any expenses incurred directed or billed by or payable to insurance brokers or agents or their associates or subsidiaries without our written consent prior to such expenses being incurred. Extra Expense Including Expediting Expenses In the event of covered loss or damage you may extend the insurance provided by this Coverage Form to apply to 1 The necessary and reasonable extra expense you incur to continue as nearly as possible your normal business operation and 2 The necessary and reasonable additional expenses you incur to make temporary repairs or expedite permanent replacement at the premises sustaining loss or damage. Expediting expenses include overtime wages and the extra cost of express or other rapid means of transportation. The most we will pay in total in any one occurrence under this Extension is 2500. Accounts Receivable You may extend the insurance that applies to Your Business Personal Property to apply to the following loss and Page 9 of 20 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY expenses resulting from direct physical loss or damage by a Covered Cause of Loss to your accounts receivable records including those on electronic data processing media. Credit card company charge media will be considered accounts receivable until delivered to the credit card company. 1 We will pay a Al amounts due from your customers that you are unable to collect b Interest charges on any loan required to offset amounts you are unable to collect pending our payment of these amounts and c Collection expenses in excess of your normal collection expenses that are made necessary by the loss or damage. 2 The most we will pay in any one occurrence under this Extension is 10000 for all loss and expense at each described premises. j Non Owned Detached Trailers 1 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to trailers or semi trailers that you do not own provided that a The trailer or semi trailer is used in your business b The trailer or semi trailer is in your care custody or control at the premises described in the Declarations and c You have a contractual responsibility to pay for loss or damage to the trailer or semi trailer. 2 We will not pay for any loss or damage that occurs a While the trailer or semi trailer is attached to any motor vehicle or motorized conveyance whether or not the motor vehicle or motorized conveyance is in motion or b During hitching or unhitching operations or when a trailer or resulting from direct physical amage by a Covered Cause of our accounts receivable records those on electronic data g media. Credit card company edia will be considered accounts e until delivered to the credit pany. ill pay Il amounts due from your ustomers that you are unable to ollect terest charges on any loan equired to offset amounts you re unable to collect pending our ayment of these amounts and ollection expenses in excess of our normal collection expenses 1at are made necessary by the ss or damage. most we will pay in any one rence under this Extension is 00 for all loss and expense at described premises. 1ed Detached Trailers may extend the insurance that es to Your Business Personal erty to apply to direct physical or damage by a Covered Cause ss to trailers or semi trailers that lo not own provided that he trailer or semi trailer is used 1 your business he trailer or semi trailer is in our care custody or control at e premises described in the eclarations and ou have a contractual esponsibility to pay for loss or amage to the trailer or semi ailer. will not pay for any loss or ge that occurs Vhile the trailer or semi trailer is ttached to any motor vehicle or notorized conveyance whether r not the motor vehicle or notorized conveyance is in notion or uring hitching or unhitching perations or when a trailer or 2017 The Travelers Indemnity Company. Al rights reserved. semi trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. 3 The most we will pay for loss or damage in any one occurrence under this Extension is 5000. 4 This insurance is excess over the amount due whether you can collect on it or not from any other insurance covering such property. Outside Signs You may extend the insurance that applies to Building or Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to outside signs whether or not the sign is attached to a building on or within 1000 feet of the described premises. The most we will pay for loss or damage under this Extension is 2500 per sign in any one occurrence. Covered Property In Transit 1 You may extend the insurance that applies to Covered Property to apply to direct physical loss or damage by a Covered Cause of Loss to such property while in due course of transit at your risk within the Coverage Territory. 2 When the Causes of Loss Special Form is applicable the Earth Movement exclusion and the Water exclusion do not apply to this Extension. 3 The exclusion of personal property while airborne or waterborne under Section A.2. Property Not Covered does not apply to this Extension but the insurance provided under this Extension for property while waterborne is limited as provided in paragraph 4 c below. 4 This Extension does not apply to a Property within 1000 feet of the described premises b Property shipped by mail c Property while waterborne except in regular ferry operations in the course of being moved by CPT1000217 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 20 | 2 |
COMMERCIAL PROPERTY 5 other means of transportation and then to include General Average and Salvage Charges for which you become liable d Export shipments once The shipment is loaded on board the export conveyance or ii Coverage under an Ocean Marine or other insurance policy covering the shipment begins whichever is earlier e Import shipments prior to i The shipment being unloaded from the import conveyance or ii Coverage under an Ocean Marine or other insurance policy covering the shipment ends whichever is later f Property of others for which you are responsible while acting as a common or contract carrier freight forwarder freight consolidator freight broker or public warehouseman g Property sold by you under an installment plan conditional sale trust agreement or other deferred payment plan after delivery to the purchasers or h Tools equipment supplies and materials all used for service or repair in your business which are kept in a motor vehicle. However this does not apply to property in the care custody or control of your sales representatives. The following additional exclusion applies to this Extension when the Causes of Loss Special Form applies to this Coverage Form We will not pay for loss or damage by theft from a conveyance or container while unattended unless the portion of the conveyance or container containing the Covered Property is fully enclosed and securely locked and the theft is by forcible entry of which there is visible evidence. 6 The most we will pay for loss or damage in any one occurrence under this Extension is 10000.. Duplicate Electronic Data Processing Data and Media 1 You may extend the insurance provided by this Coverage Form to apply to direct physical loss or damage by a Covered Cause of Loss to duplicates of your Electronic Data Processing Data and Media while stored in a separate unattached building from where your original Electronic Data Processing Data and Media are kept. 2 The most we will pay for loss or damage in any one occurrence under this Extension is 10000. Electronic Data Processing Equipment and Data and Media Limited This Extension only applies when a Limit of Insurance is not stated in the Declarations for Electronic Data Processing Equipment and Electronic Data Processing Data and Media. 1 If aLimit of Insurance is shown in the Declarations for Your Business Personal Property you may extend that insurance to apply to direct physical loss or damage by a Covered Cause of Loss to Electronic Data Processing Equipment and Electronic Data Processing Data and Media located in or on the building or structure described in the Declarations or in the open or in a vehicle within 1000 feet of the building or structure or within 1000 feet of the premises described in the Declarations whichever distance is greater. 2 The most we will pay for loss or damage in any one occurrence under this Extension is 10000. Theft Damage to Rented Property You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by theft or attempted theft to that part of any non owned building at the CPT1000217 Page 11 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 4 Under this Extension the most we will pay for the total of all loss or damage to business personal property is 25000 regardless of the number of storage units. Such limit is part of not in additon to the applicable Limit of Insurance on Your Business Personal Property. Therefore payment under this Extension will not increase the applicable Limit of Insurance on Your Business Personal Property. 6 This Extension does not apply to loss or damage otherwise covered under this Coverage Form or any endorsement to this Coverage Form or policy and does not apply to loss or damage to the storage unititself. The Additional Condition Coinsurance does not apply to these Extensions. EXCLUSIONS AND LIMITATIONS See applicable Causes Of Loss form as shown in the Declarations. LIMITS OF INSURANCE The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insurance shown in the Declarations this Coverage Form or any endorsements applicable to this Coverage Form. DEDUCTIBLE Unless otherwise indicated we will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance after any deduction required by the Coinsurance Additional Condition. If more than one deductible applies to loss or damage in any one occurrence we will apply each deductible separately. But the total of all deductible amounts applied in any one occurrence will not exceed the largest applicable deductible. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Abandonment There can be no abandonment of any property to us. described premises you occupy and which contains the Covered Property and to property within the non owned building used for maintenance or service of the non owned building. This Extension applies only if you are a tenant and are required in your lease to cover this exposure. We shall not be liable under this Extension for damage by fire or explosion or to glass other than glass building blocks or to any lettering ornamentation or burglar alarm tape on glass. Payment under this Extension will not increase the Limit of Insurance that applies to Your Business Personal Property at the premises where the direct physical loss or damage occurs. Business Personal Property Temporarily In Portable Storage Units 1 You may extend the insurance that applies to Your Business Personal Property to apply to such property while temporarily stored in a portable storage unit including a detached trailer located within 1000 feet of the building or structure described in the Declarations or within 1000 feet of the premises described in the Declarations whichever distance is greater. 2 If the applicable Covered Causes of Loss form or endorsement contains a limitation or exclusion concerning loss or damage from sand dust sleet snow ice or rain to property in a structure such limitaton or exclusion also applies to property in a portable storage unit. 3 Coverage under this Extension Will end 90 days after the business personal property has been placed in the storage unit b Does not apply if the storage unit itself has been in use at the described premises for more than 90 consecutive days even if the business personal property has been stored there for 90 or fewer days as of the time of loss or damage. CPT1000217 Page 12 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY CPT1000217 Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. Duties in the Event of Loss or Damage a. You must see that the following are done in the event of loss or damage 1 Notify the police if a law may have been broken. 2 Give us prompt notice of the loss or damage. Include a description of the property involved. 3 As soon as possible give us a description of how when and where the loss or damage occurred. 4 Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase the Limit of Insurance. However we will not pay for any subsequent loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also if feasible set the damaged property aside and in the best possible order for examination. 5 At our request give us complete inventories of the damaged and undamaged property. Include quantities costs values and amount of loss claimed. 6 As often as may be reasonably required permit us to inspect the property proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. 7 Send us asigned sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 8 Cooperate with us in the investigation or settlement of the claim. We may examine any insured under oath while not in the presence of any other insured and at such times as may be reasonably required about any matter relating to this insurance or the claim including an insured s books and records. In the event of an examination an insured s answers must be signed. 4. Loss Payment a. 2017 The Travelers Indemnity Company. Al rights reserved. In the event of loss or damage covered by this Coverage Form at our option we will either 1 Pay the value of lost or damaged property 2 Pay the cost of repairing or replacing the lost or damaged property subject to b. below 3 Take all or any part of the property at an agreed or appraised value or 4 Repair rebuild or replace the property with other property of like kind and quality subject to b. below. We wil determine the value of lost or damaged property or the cost of its repair or replacement in accordance with the applicable terms of the Valuation Condition in this Coverage Form or any applicable provision which amends or supersedes the Valuation Condition. The cost to repair rebuild or replace does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property except as provided under the Increased Cost of Construction or Repair Additional Coverage. Page 13 of 20 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 20 | 2 |
COMMERCIAL PROPERTY Page 14 of 20 We will give notice of our intentions within 30 days after we receive the sworn proof of loss. We will not pay you more than your financial interest in the Covered Property. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners such payments will satisfy your claims against us for the owner s property. We will not pay the owners more than their financial interest in the Covered Property. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if you have complied with all of the terms of this Coverage Part and 1 We have reached agreement with you on the amount of loss or 2 Anappraisal award has been made. At our option we may make a partial payment toward any claims subject to the policy provisions and our normal adjustment process. To be considered for a partial claim payment you must submit a partial sworn proof of loss with supporting documentation. Any applicable deductibles must be satisfied before any partial payments are made. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that building we will pay you the full value of the loss to the party wall subject to all applicable policy provisions including Limits of Insurance the Valuation and Coinsurance Conditions and all other provisions of this Loss Payment Condition. Our payment under the provisions of this paragraph does not alter any right of subrogation we may have against any entity including the owner or insurer of the adjoining building and does not alter the terms of the Transfer Of Rights Of Recovery Against Others To Us Condition in this policy. 5. Recovered Property If either you or we recover any property after loss settlement that party must give the other prompt notice. At your option the property will be returned to you. You must then return to us the amount we paid to you for the property. a. We will pay 1 Recovery expense and 2 Costs to property But the amount we pay will not exceed 1 The total of a.1 and a.2 above 2 The value of the recovered property or repair the recovered 3 The Limit of Insurance whichever is less. 6. Valuation We will determine the value of Covered Property in the event of covered loss or damage as follows a. b. 2017 The Travelers Indemnity Company. Al rights reserved. At actual cash value as of the time of loss or damage except as provided in b. c. d. e f g. h i j k. I and m. below. If the Limit of Insurance for Building satisfies the Additional Condition Coinsurance and the cost to repair or replace the damaged building property is 5000 or less we will pay the cost of building repairs or replacement. The cost of building repairs or replacement does not include the increased cost attributable to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property except as provided under the Increased Cost of Construction or Repair Additional Coverage. However the following property will be valued at the actual cash vaue even when attached to the building 1 Awnings or floor coverings CPT1000217 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY CPT1000217 2 Appliances for refrigerating ventilating cooking dishwashing or laundering or 3 Outdoor equipment or furniture. Stock you have sold but not delivered at the selling price less discounts and expenses you otherwise would have had. Glass at the cost of replacement with safety glazing material if required by law. Tenant s Improvements and Betterments at 1 Actual cash value of the lost or damaged property if you make repairs promptly. 2 A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows a Multiply the original cost by the number of days from the loss or damage to the expiration of the lease and b Divide the amount determined in a above by the number of days from the installation of improvements to the expiration of the lease. If your lease contains a renewal option the expiration of the renewal option period will replace the expiration of the lease in this procedure. 3 Nothing if others pay for repairs or replacement. Valuable Papers and Records at the cost of 1 Blank materials for reproducing the papers and records and 2 Labor to transcribe or copy the papers and records when there is a duplicate but only if the papers and records are actually transcribed or copied. Fine Arts at the least of 1 Market value at the time and place of loss 2 The cost of reasonably restoring that property or 3 The cost of replacing that property with substantially the same property. h. 2017 The Travelers Indemnity Company. Al rights reserved. Personal Property of Others at the amount you are liable not to exceed actual cash value. The value of Accounts Receivable will be determined as follows 1 If you can not accurately establish the amount of Accounts Receivable outstanding as of the time of loss we will a Determine the total of the average monthly amounts of Accounts Receivable for the 12 months immediately preceding the month in which the loss occurs and b Adjust that total for any normal fluctuations in the amount of Accounts Receivable for the month in which the loss occurred or for any demonstrated variance from the average for that month. 2 If you can accurately establish the amount of Accounts Receivable outstanding that amount will be used in the determination of loss. 3 The following will be deducted from the total amount of Accounts Receivable however that amount is established a The amount of the accounts for which there is no loss b The amount of the accounts that you are able to re establish or collect c An amount to allow for probable bad debts that you are normally unable to collect and d All unearned interest and service charges. Stock in process at the cost of raw materials and labor plus the proper proportion of overhead charges. Electronic Data Processing Equipment at replacement cost as of the time and place of loss without deduction for physical deterioration depreciation obsolescence and depletion. However in the event replacement of Electronic Data Processing Equipment with identical property is impossible the replacement cost will be the cost of items that are similar to the damaged or destroyed Page 15 of 20 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 3 Multiply the total amount of loss before the application of any deductible by the figure determined in step 2 and 4 Subtract the deductible from the figure determined in step 3. We will pay the amount determined in step 4 or the Limit of Insurance whichever is less. For the remainder you will either have to rely on other insurance or absorb the loss yourself. Example No. 1 Underinsurance When The value of the property is 250000 The Coinsurance percentage for it is 80 The Limit of Insurance for it is 120000 The Deductible is 500 The amount of loss is 40000 Step 1 250000 x 80 200000 the minimum amount of insurance to meet your Coinsurance requirements Step 2 120000200000 60 Step 3 40000 x.60 24000 Step 4 24000500 23500 We will pay no more than 23500. The remaining 16500 is not covered. Example No. 2 Adequate Insurance When The value of the property is 250000 The Coinsurance percentage for it is 80 The Limit of Insurance for it is 200000 The Deductible is 500 The amount of loss is 40000 The minimum amount of insurance to meet your Coinsurance requirement is equipment and intended to perform the same function but which may include technological advances. Electronic Data Processing Equipment that is obsolete or no longer used by you will be valued at actual cash value. I. Electronic Data Processing Data and Media for which duplicates do not exist will be valued as follows 1 The cost of blank media and 2 Your cost to research replace or restore the lost electronic data on lost damaged or destroyed Electronic Data Processing Data and Media but only if the lost electronic data is actually replaced or restored. 3 Duplicate Electronic Data Processing Data and Media at the cost of 1 Blank media and 2 Labor to copy the electronic data but only if the electronic data is actually copied. F. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions and the Commercial Property Conditions. 1. Coinsurance This Additional Condition does not apply to Electronic Data Processing Equipment and Electronic Data Processing Data and Media when a specific Limit of Insurance is shown for that coverage in the Declarations. If a Coinsurance percentage is shown in the Declarations the following condition applies when the loss or damage in any one occurrence is 5000 or more. a. We will not pay the full amount of any loss if the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. Instead we will determine the most we will pay using the following steps 1 Multiply the value of Covered Property at the time of loss by the Coinsurance percentage 2 Divide the Limit of Insurance of the property by the figure determined in step 1 CPT1000217 Page 16 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 2. Mortgageholders a. b. The term mortgageholder includes trustee. We will pay for covered loss of or damage to buildings or structures to each mortgageholder shown in the Declarations in their order of precedence as interests may appear. The mortgageholder has the right to receive loss payment even if the mortgageholder has started foreclosure or similar action on the building or structure. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part the mortgageholder will still have the right to receive loss payment if the mortgageholder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so and 2 Submits a signed sworn statement of loss within 60 days after receiving notice from us of your failure to do so. All of the terms of this Coverage Part will then apply directly to the mortgageholder. If we pay the mortgageholder for any loss or damage and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgageholder s rights under the mortgage will be transferred to us to the extent of the amount we pay and 2 The mortgageholder s right to recover the full amount of the mortgageholder s claim will not be impaired. At our option we may pay to the mortgageholder the whole principal on the mortgage plus any accrued interest. In this event your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. If we cancel this policy we will give written notice to the mortgageholder at least 200000 250000 x 80.Therefore the Limit of Insurance in this Example is adequate and no penalty applies. We will pay no more than 39500 40000 amount of loss minus the deductible of 500. If one Limit of Insurance applies to two or more separate items this condition will apply to the total of all property to which the limit applies. Example No. 3 Underinsurance When The value of the property is Bldg. at Location No. 1 75000 Bldg. at Location No. 2 100000 Personal Property at 75000 Location No. 2 Total Value 250000 The Coinsurance 90 percentage for it is The Limit of Insurance for 180000 Buildings and Personal Property at Locations No. 1 and 2is The Deductible is 1000 The amount of loss is 30000 Bldg. at Location No. 2 Personal Property at 20000 Location No. 2 Total amount of loss 50000 Step 1 250000 x 90 225000 the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below Step 2 180000225000 80 Step 3 50000 x.80 40000 Step 4 40000 1000 39000 We will pay no more than 39000. The remaining 11000 is not covered. CPT1000217 Page 17 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 1 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 3. Unintentional Errors In Description Your error in how you describe the address of a location in the Location Schedule shall not prejudice coverage afforded by this policy provided such error is not intentional. Any such error shall be reported and corrected when discovered and appropriate premium charged. G. OPTIONAL COVERAGES If shown as applicable in the Declarations the following Optional Coverages apply separately to each item. 1. Agreed Value a. b. The Additional Condition Coinsurance does not apply to Covered Property to which this Optional Coverage applies. The terms of this Optional Coverage apply only to loss or damage that occurs on or after the effective date of this Optional Coverage. 2. Inflation Guard a. Page 18 of 20 The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual percentage shown in the Declarations. The amount of increase will be 1 The Limit of Insurance that applied on the most recent of the policy inception date the policy anniversary date or any other policy change amending the Limit of Insurance times 2 The percentage of annual increase shown in the Declarations expressed as a decimal example 8 is.08 times 3 The number of days since the beginning of the current policy year or the effective date of the most recent policy change amending the Limit of Insurance divided by 365. Example If The applicable Limit of Insurance is 100000 The annual percentage increase is 8 The number of days since the beginning of the policy year or last policy change is 146 The amount of increase is 100000 X.08 X 146365 3200 3. Replacement Cost a. 2017 The Travelers Indemnity Company. Al rights reserved. Replacement Cost without deduction for depreciation replaces the term Actual Cash Value in provisions a. e. and h. of the Valuation Loss Condition in Section E.6. of this Coverage Form. If you decide to repair or rebuild buildings which have sustained loss or damage our payment will include any necessary and reasonable architectural engineering consulting or supervisory fees incurred in the repair or rebuilding. This will not increase the applicable Limits of Insurance. This Optional Coverage does not apply to 1 Obsolete property or property no longer used by you 2 Residential personal personal effects property or 3 Awnings or floor coverings 4 Outdoor equipment or fumiture 5 Stock unless the Including Stock option is shown in the Declarations or 6 Vacant buildings. You may make a claim for loss or damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or damage settled on an actual cash value basis you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss or damage. We will not pay on a replacement cost basis for any loss or damage CPT1000217 Includes copyrighted material of Insurance Services Office Inc. with its permission. Lt | 2 |
COMMERCIAL PROPERTY 1 Until the lost or damaged property is Cost of Constructio actually repaired or replaced and Coverage. 2 Unless the repair or replacement is h. We will determine made as soon as reasonably possible dies molds and after the loss or damage. usage at actual cas This restriction does not apply to paid on an actual losses less than 5000 in any one within 24 months frc occurrence other than losses to you need to repair tenants improvements and of them we will pz betterments. condiions of difference between Replacement Cost molds and dies repaired or replacec With respect to tenants improvements and betterments the following also apply 3 If the conditions in e.1 and e.2 i. Electronic Data P above are not met the value of at replacement cos tenants improvements and place of loss w betterments will be determined as a physical deterior proportion of your original cost as set obsolescence and forth in the Valuation Loss Condition the event replacems of this Coverage Form and Processing Equipt 4 We will not pay for loss or damage to property is imposs tenants improvements and cost will be the c similar to the da equipment and inte same function bu f. We will not pay more for loss or damage technological advan on a replacement cost basis than the.. Electronic Data P Ibeelast Of 1 or 3 subject to g. that is obsolete or r ow will be valued at act Electronic Data F betterments if others pay for repairs or replacement. 1 The Limit of Insurance applicable to the lost or damaged property Media for which d 2 The cost to replace on the same will be valued as fol premises the lost or damaged 1 The cost of blar property with other property 2 Your cost to a Of comparable material and restore the los quality and lost damag b Used for the same purpose or Electronic Datz Media but onl 3 The amount actually spent that is data is actually necessary to repair or replace the lost or damaged property. H. DEFINITIONS 1. Electronic Data Pra If a building is rebuilt at a new premises Media means the follo the cost described in f.2 above is limited to the cost which would have been a. Electronic data f incurred if the building had been rebuilt at media means the original premises. 1 Data stored on g. The cost of repair or replacement does or transmitted not include the increased cost attributable software incl applications sc data processing media such as CDs DVDs fl to enforcement of or compliance with any ordinance or law regulating the construction use or repair of any property except as provided under the Increased CPT1000217 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Cost of Construction or Repair Additional Coverage. h. We will determine the value of patterns dies molds and forms not in current usage at actual cash value. If the loss is paid on an actual cash value basis and within 24 months from the date of the loss you need to repair or replace one or more of them we will pay you subject to the conditons of this insurance the difference between actual cash value and Replacement Cost for those patterns molds and dies which are actually repaired or replaced. i. Electronic Data Processing Equipment at replacement cost as of the time and place of loss without deduction for physical deterioration depreciation obsolescence and depletion. However in the event replacement of Electronic Data Processing Equipment with identical property is impossible the replacement cost will be the cost of items that are similar to the damaged or destroyed equipment and intended to perform the same function but which may include technological advances. Electronic Data Processing Equipment that is obsolete or no longer used by you will be valued at actual cash value. j Electronic Data Processing Data and Media for which duplicates do not exist will be valued as follows 1 The cost of blank media and 2 Your cost to research replace or restore the lost electronic data on lost damaged or destroyed Electronic Data Processing Data and Media but only if the lost electronic data is actually replaced or restored. H. DEFINITIONS 1. Electronic Data Processing Data and Media means the following a. Electronic data processing data and media means 1 Data stored on created or used on or transmitted to or from computer software including systems and applications software on electronic data processing recording or storage media such as hard or floppy disks CDs DVDs flash memory tapes Page 19 of 20 | 2 |
COMMERCIAL PROPERTY 2 Property that is leased or rented to others or 3 Equipment that is used to control or operate production type machinery or equipment. 3. Exhibition means the temporary display of personal property at a convention exposition trade show or similar event at a location you do not own lease or regularly occupy. 4. Fine Ars means paintings etchings pictures tapestries art glass windows valuable rugs statuary marbles bronzes antique furniture rare books antique silver manuscripts porcelains rare glass bric a brac and similar property of rarity historical value or artistic merit. 5. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals waste and any unhealthful or hazardous building materials including asbestos and lead products or materials containing lead. Waste includes materials to be recycled reconditioned or reclaimed. 6. Stock means merchandise held in storage or for sale including supplies used in their packing or shipping. 7. Vacant. See applicable Causes of Loss form as shown in the Declarations. Valuable Papers and Records means inscribed printed or written documents manuscripts or records including abstracts books deeds drawings films maps or mortgages. But Valuable Papers and Records does not include money securities or Electronic Data Processing Data and Media. b. drives cells data processing devices or any other repositories of computer software which are used with electronically controlled equipment 2 The electronic media on which the data is stored and 3 Programming records and instructions used with electronic data processing equipment. Electronic data processing data and media does not mean 1 Prepackaged software 2 Property that you manufacture or hold for sale 3 Property that is licensed leased or rented to others or 4 Electronic data which is integrated in and operates or controls the building s elevator lighting heating ventilation air conditioning or security system. 2. Electronic Data Processing Equipment means the following a. b. Electronic data processing equipment means any of the following equipment used in your data processing operations 1 Electronic data processing equipment facsimile machines word processors multi functional telephone equipment and laptop and portable computers and 2 Any component parts or peripherals of such equipment including related surge protection devices. Electronic data processing equipment does not mean 1 Property that is in the course of manufacture or held for sale or distribution by you CPT1000217 Page 20 of 20 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY CAUSES OF LOSS SPECIAL FORM Words and phrases that appear in quotation marks have special meaning. Refer to SECTION F DEFINITIONS. A. COVERED CAUSES OF LOSS When Special is shown in the Declarations Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is CPT1080217 1. Excluded in Section B. Exclusions or 2. Limited in Section C. Limitations that follow. EXCLUSIONS 1. We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. Ordinance or Law The enforcement of or compliance with any ordinance or law 1 Regulating the construction use or repair of any property or 2 Requiring the tearing down of any property including the cost of removing its debris. This exclusion Ordinance or Law applies whether the loss results from a An ordinance or law that is enforced even if the property has not been damaged or b The increased costs incurred to comply with an ordinance or law in the course of construction repair renovation remodeling or demolition of property or removal of its debris following a physical loss to that property. Earth Movement 1 Earthquake including tremors and aftershocks and any earth sinking rising or shifting related to such event 2 Landslide including any earth sinking rising or shifting related to such event 3 Mine subsidence meaning subsidence of a man made mine 2017 The Travelers Indemnity Company. Al rights reserved. whether or not mining activity has ceased 4 Earth sinking other than sinkhole collapse rising or shifting including soil conditions which cause settling cracking or other disarrangement of foundations or other parts of realty. Soil conditions include contraction expansion freezing thawing erosion improperly compacted soil and the action of water under the ground surface. But if Earth Movement as described in b. 1 through 4 above results in fire or explosion we will pay for the loss or damage caused by that fire or explosion. 5 Volcanic eruption explosion or effusion. But if volcanic eruption explosion or effusion results in fire building glass breakage or Volcanic Action we will pay for the loss or damage caused by that fire building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by a Airborne volcanic blast or air borne shock waves b Ash dust or particulate matter or c Lava flow. With respect to coverage for Volcanic Action as set forth in 5a 5b and 5c all volcanic eruptions that occur within any 168 hour period will constitute a single occurrence. Volcanic Action does not include the cost to remove ash dust or particulate matter that does not cause direct physical loss or damage to the described property. This exclusion applies regardless of whether any of the above in Paragraphs 1 through 5 is naturally occurring or due to man made or other artificial causes. Page 1 of 12 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 12 | 2 |
COMMERCIAL PROPERTY C. Governmental Action Seizure or destruction of property by order of governmental authority. But we will pay for loss or damage caused by or resulting from acts of destruction ordered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part. Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. But if nuclear reaction or radiation or radioactive contamination results in fire we will pay for the loss or damage caused by that fire. Utility Services The failure of power communication water or other utility service supplied to the described premises however caused if the failure 1 Originates away from the described premises or Originates at the described premises but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure of any utility service includes lack of sufficient capacity and reduction in supply. Loss or damage caused by a surge of power is also excluded if the surge would not have occurred but for an event causing a failure of power. But if the failure or surge of power or the failure of communication water or other utility service results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. Communication services include service relating to Internet access or access to any electronic cellular or satellite network. f. War and Military Action 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. g. Water 1 Flood surface water waves including tidal wave and tsunami tides tidal water overflow of any body of water or spray from any of these all whether driven by wind including storm surge or not 2 Mudslide or mudflow 3 Water or sewage that backs up or overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment 4 Water under the ground surface pressing on or flowing or seeping through a Foundations walls floors or paved surfaces b Basements whether paved or not or c Doors windows or other openings or 5 Waterborne material carried or otherwise moved by any of the water referred to in 1 3 or 4 or material carried or otherwise moved by mudslide or mudflow. This exclusion applies regardless of whether any of the above in Paragraphs 1 through 5 is naturally occurring or due to man made or other artificial causes. An example of a situation to which this exclusion applies is the situation where a dam levee seawall or other boundary or containment system fails in whole or in part for any reason to contain the water. CPT1080217 Page 2 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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