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COMMERCIAL PROPERTY But if any of the above in Paragraphs 1 through 5 results in fire explosion or sprinkler leakage we will pay for the loss or damage caused by that fire explosion or sprinkler leakage if sprinkler leakage is a Covered Cause of Loss. Exclusions B.1.a. through B.1.g. apply whether or not the loss event results in widespread damage or affects a substantial area. 2. We will not pay for loss or damage caused by or resulting from any of the following a. Artificially generated electrical magnetic or electromagnetic energy that damages disturbs disrupts or otherwise interferes with any 1 Electrical or electronic wire device appliance system or network or 2 Device appliance system or network utilizing cellular or satellite technology. Electrical magnetic or electromagnetic energy includes a Electrical current including arcing b Electrical charge produced or conducted by a magnetic or electromagnetic field c Pulse of electromagnetic energy or d Electromagnetic waves or microwaves. But if fire results we will pay for the loss or damage caused by that fire. This Exclusion does not apply to loss or damage to electronic data processing equipment or electronic data processing data and media. b. Delay loss of use or loss of market.. Smoke vapor or gas from agricultural smudging or industrial operations. d. 1 Wear and tear 2 Rust other corrosion fungus decay deterioration hidden or latent defect or any quality in property that causes it to damage or destroy itself 3 Smog 4 Settling cracking shrinking or expansion 5 Nesting or infestation or discharge or release of waste products or secretions by insects birds rodents or other animals 6 Mechanical breakdown including rupture or bursting caused by centrifugal force. But if mechanical breakdown results in elevator collision we will pay for the loss or damage caused by that elevator collision 7 The following causes of loss to personal property a Dampness or dryness of atmosphere b Changes in or extremes of temperature c Marring or scratching d Changes in flavor color texture or finish e Evaporation or leakage or f Contamination by other than pollutants. But if an excluded cause of loss that is listed in 2.d.1 through 7 results in a specified cause of loss or building glass breakage we will pay for the loss or damage caused by that specified cause of loss or building glass breakage. Explosion of steam boilers steam pipes steam engines or steam turbines owned or leased by you or operated under your control. But if explosion of steam boilers steam pipes steam engines or steam turbines results in fire or combustion explosion we will pay for the loss or damage caused by that fire or combustion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the furnace of any fired vessel or within the flues or passages through which the gases of combustion pass. Continuous or repeated seepage or leakage of water or the presence or condensation of humidity moisture or vapor that occurs over a period of 14 days or more. CPT1080217 Page 3 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 3 Any cracking bulging sagging bending leaning settling shrinkage or expansion as such condition relates to 1 or 2 above. But if collapse results in a Covered Cause of Loss at the described premises we will pay for the loss or damage caused by that Covered Cause of Loss. This exclusion K. does not apply a To an abrupt collapse to the extent that coverage is provided under the Collapse Additional Coverage or b To collapse caused by one or more of the following Any of the specified causes of loss or breakage of building glass all only as insured against in this Coverage Part i Weight of rain that collects on a roof or i Weight of people or personal property. Discharge dispersal seepage migration release or escape of pollutants unless the discharge dispersal seepage migration release or escape is itself caused by any of the specified cause of loss. But if the discharge dispersal seepage migration release or escape of pollutants results in a specified cause of loss we will pay for the loss or damage caused by that specified cause of loss. This exclusion does not apply to damage to glass caused by chemicals applied to the glass.. The cost of correcting or making good the damage to personal property attributable to such property being processed manufactured tested repaired restored retouched or otherwise being worked upon. Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. We will not pay for loss or damage caused by or resulting from any of the following 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a. and 3.b. results in a g Water other liquids powder or molten material that leaks or flows from plumbing heating air conditioning or other equipment except fire protective systems caused by or resulting from freezing unless 1 You do your best to maintain heat in the building or structure or 2 You drain the equipment and shut off the supply if the heat is not maintained. h. Dishonest or criminal act including theft by you any of your partners members officers managers employees including temporary employees and leased workers directors trustees or authorized representatives whether acting alone or in collusion with each other or with any other party or theft by any person to whom you entrust the property for any purpose whether acting alone or in collusion with any other party. This exclusion 1 Applies whether or not an act occurs during your normal hours of operation 2 Does not apply to acts of destruction by your employees including temporary employees and leased workers or authorized representatives but theft by your employees including temporary employees and leased workers or authorized representatives is not covered i. Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme trick device or false pretense. j. Rain snow sand dust ice or sleet to personal property in the open. k. Collapse including any of the following conditions of property or any part of the property 1 An abrupt falling down or caving in 2 Loss of structural integrity including separation of parts of the property or property in danger of falling down or caving in or Page 4 of 12 2017 The Travelers Indemnity Includes copyrighted material of Insurance CPT1080217 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 1 3 a Any loss caused by or resulting from a Damage or destruction of finished stock or b The time required to reproduce finished stock. This exclusion does not apply to Extra Expense. Any loss caused by or resulting from direct physical loss of or damage to the following property while outside of buildings a Harvested grain hay straw or other crops b Outdoor trees shrubs plants lawns including fairways greens and tees other than trees shrubs plants or lawns which are part of a vegetated roof growing crops land or water and c Radio or television antennas including microwave or satellite dishes and their lead in wiring masts or towers. Any increase of loss caused by or resulting from a Delay in rebuilding repairing or replacing the property or resuming operations due to interference at the location of the rebuilding repair or replacement by strikers or other persons or b Suspension lapse or cancellation of any license lease or contract. But if the suspension lapse or cancellation is directly caused by the suspension of operations we will cover such loss that affects your Business Income during the period of restoration and any extension of the period of restoration in accordance with the terms of the Extended Business Income Additional Coverage or any variation of these. Any Extra Expense caused by or resulting from suspension lapse or cancellation of any license lease or contract beyond the period of restoration. Covered Cause of Loss we will pay for the resulting loss or damage caused by that Covered Cause of Loss. a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a cause or event excluded in B.1. above to produce the loss or damage. b. Acts or decisions including the failure to act or decide of any person group organization or governmental body. c. Faulty inadequate or defective 1 Planning zoning development surveying siting 2 Design specifications workmanship repair construction renovation remodeling grading compaction 3 Materials used in repair construction renovation or remodeling or 4 Maintenance of part or all of any property on or off the described premises. If an excluded cause of loss that is listed in 3.c. above results in a Covered Cause of Loss we will pay for the resulting loss or damage caused by that Covered Cause of Loss. But we will not pay for 1 Any cost of correcting or making good the fault inadequacy or defect itself including any cost incurred to tear down tear out repair or replace any part of any property to correct the fault inadequacy or defect or Any resulting loss or damage by a Covered Cause of Loss to the property that has the fault inadequacy or defect until the fault inadequacy or defect is corrected. 4. Special Exclusions The following provisions apply only to the specified Coverage Forms andor coverages when they are part of this policy. a. Business Income And Extra Expense Coverage Form Business Income Without Extra Expense Coverage Form or Extra Expense Coverage Form We will not pay for CPT1080217 Page 5 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 5 Any other consequential loss. Leasehold Interest Coverage Form The following applies to this Coverage Form 1 Exclusion B.1.a. Ordinance or Law does not apply and 2 We will not pay for any loss caused by a Your cancelling the lease b The suspension lapse or cancellation of any license or c Any other consequential loss. Legal Liability Coverage Form 1 The following exclusions do not apply to insurance under this Coverage Form a Paragraph B.1.a. Ordinance or Law b Paragraph B.1.c. Governmental Action c Paragraph B.1.d. Nuclear Hazard d Paragraph B.1e. Utility Services and e Paragraph B.1.f. War and Military Action. 2 The following additional exclusions apply to insurance under this Coverage Form a Contractual Liability We will not defend any claim or suit or pay damages that you are legally liable to pay solely by reason of your assumption of liability in a contract or agreement. But this exclusion does not apply to a written lease agreement in which you have assumed liability for building damage resulting from an actual or attempted burglary or robbery provided that i Your assumption of liability was executed prior to the accident and ii The building is Covered Property under this Coverage Form. b Nuclear Hazard We will not defend any claim or suit or pay any damages loss expense or obligation resulting from nuclear reaction or radiation or radioactive contamination however caused. d. Electronic Data Processing Equipment Electronic Data Processing Data and Media Valuable Papers and Records and Accounts Receivable Coverages 1 Exclusions a B. 2. a. which excludes loss caused by or resulting from artificially generated electrical current that disturbs electrical devices equipment appliances or wires and b B2.c. which excludes loss caused by or resulting from smoke vapor or gas from agricultural smudging or industrial operations do not apply to loss or damage to Electronic Data Processing Equipment Electronic Data Processing Data and Media and Valuable Papers and Records or to loss of Business Income and Extra Expense that is a consequence of such loss or damage. With respect to Electronic Data Processing Equipment and Electronic Data Processing Data and Media a Exclusion B.2.d.6 which excludes loss caused by or resulting from mechanical breakdown including rupture or bursting of pipes does not apply. The remainder of the B.2.d. exclusion continues to apply but if a cause of loss listed in B.2.d.1 through 5 and B.2.d.7 results in mechanical breakdown of Electronic Data Processing Equipment or in any of the specified cause of loss we will pay for the resulting loss or damage. CPT1080217 Page 6 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY b The following exclusion is added We will not pay for loss or damage to Electronic Data Processing Equipment and Electronic Data Processing Data and Media or loss of Business Income or Extra Expense that is a consequence of loss or damage to Electronic Data Processing Equipment and Electronic Data Processing Data and Media caused by or resulting from any of the following i Programming errors omissions or incorrect instructions to a machine. But if programming errors omissions or incorrect instructions to a machine results in a specified cause of loss or mechanical breakdown of Electronic Data Processing Equipment we will pay for the resulting loss or damage ii Unauthorized viewing copying or use of electronic data or any proprietary or confidential information or intellectual property in any form by any person even if such activity is characterized as theft iii Errors or deficiency in design installation maintenance repair or modification of your computer system or any computer system or network to which your system is connected or on which your system depends including electronic data. But if errors or deficiency in design installation maintenance repair or modification of your computer system or any computer system or network to which your system is connected or on which your system depends including electronic data results in a specified cause of loss or mechanical breakdown of Electronic Data Processing Equipment we will pay for the resulting loss or damage or iv Unexplained or indeterminable failure malfunction or slowdown of a computer system including electronic data and the inability to access or properly manipulate the electronic data. The fourth paragraph of the Utility Services Exclusion B.l.e. is replaced by the following c But if the failure or surge of power or other utility service results in a Covered Cause of Loss other than mechanical breakdown of Electronic Data Processing Equipment or loss or damage from artificially generated electrical current which disturbs electrical devices equipment appliances or wires we will pay for the resulting loss or damage caused by that Covered Cause of Loss. 3 With respect to Accounts Receivable coverage we will not pay for a Loss caused by or resulting from bookkeeping accounting or billing errors or omissions b Loss that requires an audit of records or any inventory computation to prove its factual existence or c Loss caused by or resulting from alteration falsification conceal ment or destruction of records of accounts receivable done to conceal the wrongful giving taking or withholding of money securities or other property. But this exclusion applies only to the extent of the wrongful giving taking or withholding. 4 With respect to Valuable Papers and Records coverage we will not pay for any loss or damage caused by or resulting from CPT1080217 Page 7 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY a Unauthorized viewing copying or use of electronic data or any proprietary or confidential fired vessel or passages through combustion pass. information or intellectual b. Hot water boilers c property in any form by any equipment caused person even if such activity is any condition or ev characterized as theft or or equipment other b Errors or omissions in processing. The interior of any or copying. But if errors or or to personal prop omissions in processing or structure caused copying results in fire or rain snow sleet explosion we will pay for the whether driven by w resulting loss or damage caused by that fire or explosion. 1 The building or. B damage by aC 5. Additional Exclusion to its roof or w The following provisions apply only to the rain snow sle specified property and to loss that is a enters or consequence of such loss or damage to the 2 The loss or da specified property. results from tha Loss Or Damage To Products ice on the buildi We will not pay for loss or damage to any d. Building materials merchandise goods or other product caused attached as part by or resulting from error or omission by any structure caused person or entity including those having theft. possession under an arrangement where However this limita work or a portion of the work is outsourced in.. any stage of the development production or 1 Building materi use of the product including planning testing for sale by y processing packaging installation insured under maintenance or repair. This exclusion applies Coverage Form to any effect that compromises the form 2 Business Incon substance or quality of the product. But if Expense covere such error or omission results in a Covered e. Property that is mi Cause of Loss we will pay for the loss or evidence of the I damage caused by that Covered Cause of shortage disclosed Loss. other instances C. LIMITATIONS physical evidence The following limitations apply to all policy forms happened to the prc and endorsements unless otherwise stated. f. Property that has 1. We wil not pay for loss of or damage to person or to a property as described and limited in this described premise section. In addition we will not pay for any unauthorized instru loss that is a consequence of loss or damage g Lawns trees shruk as described and limited in this section. part of a vegetate a. Steam boilers steam pipes steam resulting from engines or steam turbines caused by or 1 Dampness or d resulting from any condition or event or of soil suppo inside such equipment. But we will pay for 2 Changes in loss of or damage to such equipment temperature caused by or resulting from an explosion of gases or fuel within the furnace of any 3 Disease Page 8 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. fired vessel or within the flues or passages through which the gases of combustion pass. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment other than an explosion. The interior of any building or structure or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless 1 The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or 2 The loss or damage is caused by or results from thawing of snow sleet or ice on the building or structure. Building materials and supplies not attached as part of the building or structure caused by or resulting from theft. However this limitation does not apply to 1 Building materials and supplies held for sale by you unless they are insured under the Builders Risk Coverage Form or 2 Business Income coverage or Extra Expense coverage. Property that is missing where the only evidence of the loss or damage is a shortage disclosed on taking inventory or other instances where there is no physical evidence to show what happened to the property. Property that has been transferred to a person or to a place outside the described premises on the basis of unauthorized instructions. Lawns trees shrubs or plants which are part of a vegetated roof caused by or resulting from 1 Dampness or dryness of atmosphere or of soil supporting the vegetation 2 Changes in or extremes of temperature 3 Disease CPT1080217 | 2 |
COMMERCIAL PROPERTY 2. 4 Frost or hail or 5 Rain snow ice or sleet. We will not pay for loss of or damage to the following types of property unless caused by a specified cause of loss or building glass breakage a. Animals and then only if they are killed or their destruction is made necessary. b. Fragile articles such as glassware statuary marbles chinaware and porcelains if broken. This restriction does not apply to 1 Glass that is part of a building or structure or 2 Containers of property held for sale.. Builders machinery tools and equipment owned by you or entrusted to you provided such property is Covered Property. However this limitation does not apply 1 If the property is located on or within 1000 feet of the described premises unless the premises is insured under the Builders Risk Coverage Form or 2 To Business Income coverage or to Extra Expense coverage. The special limit shown for each category a. through d. is the total limit for loss of or damage to all property in that category. The special limit applies to any one occurrence of theft regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are a. 5000 for furs fur garments and garments trimmed with fur. b. 5000 for jewelry watches watch movements jewels pearls precious and semi precious stones bullion gold silver platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth 100 or less per item. c. 25000 for patterns dies molds and forms. d. 1000 for stamps tickets including lottery tickets held for sale and letters of credit. These special limits are part of not in addition to the Limit of Insurance applicable to the Covered Property. This limitation C.3. does not apply to Business Income coverage or to Extra Expense coverage. 4. We will not pay the cost to repair any defect to a system or appliance from which water other liquid powder or molten material escapes. But we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the damage a. Results in discharge of any substance from an automatic fire protection system or b. s directly caused by freezing. However this limitaton does not apply to Business Income coverage or to Extra Expense coverage. 5. If the building where loss or damage occurs has been vacant for more than 60 consecutive days before that loss or damage oceurs a. We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss 1 Vvandalism 2 Sprinkler leakage unless you have protected the system against freezing 3 4 Discharge or leakage of water 5 Theft or 6 Attempted theft. b. With respect to Covered Causes of Loss other than those listed in 5.a.1 through 5.a.6 above we will reduce the amount we would otherwise pay for the loss or damage by 15. D. ADDITIONAL COVERAGE COLLAPSE The term Covered Cause of Loss includes the Additional Coverage Collapse and applies only to an abrupt collapse as described and limited in D.1. through D.7. below. Building glass breakage CPT1080217 Page 9 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 1. As used in this Additional Coverage abrupt collapse means an abrupt falling down or caving in of a building or any part of a building with the result that the building can not be occupied for its intended purpose. 2. We will pay for direct physical loss or damage to Covered Property caused by abrupt collapse of a building or any part of a building that is insured under this Coverage Form or that contains Covered Property insured under this Coverage Form if such collapse is caused by one or more of the following a. Building decay that is hidden from view unless the presence of such decay is known to aninsured prior to collapse b. Insect or vermin damage that is hidden from view unless the presence of such damage is known to an insured prior to collapse c. Use of defective material or methods in construction remodeling or renovation if the abrupt collapse occurs during the course of the construction remodeling or renovation. d. Use of defective material or methods in construction remodeling or renovation if the abrupt collapse occurs after the construction remodeling or renovation is complete but only if the collapse is caused in part by 1 A cause of loss listed in 2.a. or 2.b. 2 One or more of the specified causes of loss 3 Breakage of building glass 4 Weight of people or personal property or 5 Weight of rain that collects on a roof. 3. This Additional Coverage Collapse does not apply to a. A building or any part of a building that is in danger of falling down or caving in b. A part of a building that is standing even if it has separated from another part of the building or. Abuilding that is standing or any part of a building that is standing even if it shows evidence of cracking bulging sagging bending leaning settling shrinkage or expansion. Page 10 of 12 2017 The Travelers Indemnity Includes copyrighted material of Insurance 4. With respect to the following property a. Outdoor radio or television antennas including satellite dishes and their lead in wiring masts or towers. Awnings gutters and downspouts Yard fixtures Fences b. C. d. Outdoor swimming pools e f. Piers wharves and docks 9. Beach or diving platforms or appurtenances h. Retaining walls and i. Walks roadways and other paved surfaces if an abrupt collapse is caused by a cause of loss listed in 2.a. through 2.d. we will pay for loss or damage to that property only if such loss or damage is a direct result of the abrupt collapse of a building insured under this Coverage Form and the property is Covered Property under this Coverage Form. 5. If personal property abruptly falls down or caves in and such collapse is not the result of abrupt collapse of a building we will pay for loss or damage to Covered Property caused by such collapse of personal property only if a. The collapse of personal property was caused by a cause of loss listed in 2.a. through 2.d. b. The personal property which collapses is inside a building and c. The property which collapses is not of a kind listed in 4. regardless of whether that kind of property is considered to be personal property or real property. The coverage stated in this Paragraph 5. does not apply to personal property if marring andor scratching is the only damage to that personal property caused by the collapse. 6. This Additional Coverage Collapse does not apply to personal property that has not abruptly fallen down or caved in even if the personal property shows evidence of cracking bulging sagging bending leaning settling shrinkage or expansion. 7. This Additional Coverage Collapse will not increase the Limits of Insurance provided in this Coverage Part. CPT1080217 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY E. ADDITIONAL COVERAGE EXTENSIONS 1. Water Damage Other Liquids Powder or Molten Material Damage If loss or damage caused by or resulting from covered water or other liquid powder or molten material occurs we will also pay the cost to tear out and replace any part of the building or structure to repair damage to the system or appliance from which the water or other substance escapes. This Coverage Extension does not increase the Limit of Insurance. 2. Glass In the event of loss or damage to covered glass under this Coverage Part a. We will pay for expenses incurred to put up temporary plates or board up openings if repair or replacement of damaged glass is delayed and b. We will pay for expenses incurred to remove or replace obstructions when repairing or replacing glass that is part of a building. This does not include removing or replacing window displays. This Coverage Extension does not increase the Limit of Insurance. F. DEFINITIONS 1. Pollutants means any solid liquid gaseous or thermal imitant or contaminant including smoke vapor soot fumes acids alkalis chemicals waste and any unhealthful or hazardous building material including asbestos and lead products or materials containing lead. Waste includes materials to be recycled reconditioned or reclaimed. 2. Specified Cause of Loss means the following Fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment sinkhole collapse as defined below volcanic action falling objects as limited below weight of snow ice or sleet water damage as defined below all only as otherwise insured against in this Coverage Part. a. Sinkhole collapse means the sudden sinking or collapse of land underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include 1 The cost of filling sinkholes or 2 Sinking or collapse of land into man made underground cavities. Falling objects does not include loss or damage to 1 Personal property in the open or 2 The interior of a building or structure or property inside a building or structure unless the roof or an outside wall of the building or structure is first damaged by a falling object. Any portion of a building or structure that is within the exterior facing surface material of a building or structure shall constitute the interior of that building or structure. W ater damage means 1 Accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance other than a sump system including its related equipment and parts that is located on the described premises and contains water or steam and Accidental discharge or leakage of water or waterborne material as the direct result of the breaking apart or cracking of a water or sewer pipe that is located off the described premises and is part of a municipal potable water supply system or municipal sanitary sewer system if he breakage or cracking is caused by wear and tear. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion. Therefore for example there is no coverage under this policy in the situation in which discharge or leakage of water results from the breaking apart or cracking of a pipe which was caused by or related to weather induced flooding even if wear and tear contributed to the breakage or cracking. As another example and also in accordance with the terms of the Water Exclusion there is no coverage for loss or damage caused by or related to weather induced flooding which follows or is exacerbated by pipe breakage or cracking attributable to wear and tear. CPT1080217 Page 11 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY To the extent that accidental discharge or leakage of water falls within the criteria set forth in.1 or.2 of this definition of specified causes of loss such water is not subject to the provisions of the Water Exclusion which preclude coverage for surface water or water under the surface of the ground. When the Causes of Loss Earthquake endorsement Causes of Loss Earthquake Sprinkler Leakage endorsement or Causes of Loss Broad Form Flood endorsement is included in this policy specified cause of loss also includes such cause of loss but only to the extent such cause of loss is insured against under this Coverage Part. Vacant means a. When this policy is issued to a tenant and with respect to that tenant s interest in Covered Property building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. b. When this policy is issued to the owner or general lessee of a building building means the entire building. Such building is vacant unless at least 31 of its total square footage is 1 Rented to a lessee or sub lessee and used by the lessee or sub lessee to conduct its customary operations andor 2 Used by the building owner to conduct customary operations. c. Buildings under construction or renovation are not considered vacant. Interior of any building or structure means all portions of a building or structure that are within the exterior facing surface material of the building or structure. CPT1080217 Page 12 of 12 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAUSES OF LOSS EQUIPMENT BREAKDOWN This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART A. ADDITIONAL COVERED CAUSE OF LOSS EQUIPMENT BREAKDOWN Covered Causes of Loss and specified causes 2. of loss are extended to include Equipment Breakdown meaning a Breakdown to Covered Equipment as defined and limited in this en dorsement. 1. Breakdown a. Breakdown means 1 Failure of pressure or vacuum equipment 2 Mechanical failure including rupture or bursting caused by centrifugal force or 3 Electrical failure including arcing that causes physical damage to Covered Equipment and necessitates its repair or replacement. b. Breakdown does not mean or include 1 Malfunction including but not limited to adjustment alignment calibration cleaning or modification 2 Leakage at any valve fitting shaft seal gland packing joint or connec tion 3 Damage to any vacuum tube gas tube or brush 4 Damage to any structure or founda tion supporting the Covered Equip ment or any of its parts 5 The functioning of any safety or pro tective device or 6 The cracking of any part on an inter nal combustion gas turbine exposed to the products of combustion. c. If aninitial Equipment Breakdown causes other Equipment Breakdowns all will be considered one Equipment Breakdown. All Equipment Breakdowns that manifest themselves at the same time and are the direct result of the same cause will also be considered one Equipment Break down. 2. Covered Equipment a. Covered Equipment means equipment of a type listed in provision 2. b. below that is 1 Atany of the following locations a b and 2 b At or within 1000 feet of the de scribed premises or At any of the following locations but only to the extent that cover age for direct physical loss or damage to Covered Property at such locations or for Business In come andor Extra Expense re sulting from direct physical loss or damage to property at such lo cations is otherwise specifically insured and limited under this Coverage Part i Newly acquired or con structed property locations or within 1000 feet of such locations ii Undescribed premises meaning premises you do not own lease or regularly oper ate at which Covered Prop erty is temporarily located or iii Dependent property loca tions Owned or leased by you or oper ated under your control or Owned or leased by or operated under the control of others who own lease or operate the unde scribed premises as defined in 1 b ii above or dependent property locations where the in surance provided under this Coverage Part applies CPT3820204 Page 1 of 6 | 2 |
COMMERCIAL PROPERTY and 3 Not otherwise excluded under provi sion 2.c. below. Covered Equipment includes the follow ing types of equipment 1 Equipment designed and built to op erate under internal pressure or vac uum other than weight of contents 2 Electrical or mechanical equipment that is used in the generation trans mission or utilization of energy and 3 Fiber optic cable. Covered Equipment does not mean or include any 1 Electronic data processing recording or storage media such as films tapes discs drums or cells 2 Part of pressure or vacuum equip ment that is not under internal pres sure of its contents or internal vac uum 3 4 Insulating or refractory material Non metallic pressure or vacuum equipment unless it is constructed and used in accordance with the American Society of Mechanical En gineers A.S.M.E. code or a Code that has been accepted by the Na tional Board of Boiler and Pressure Vessel Inspectors 5 6 Catalyst Pressure vessels and piping that are buried below ground and require the excavation of materials to inspect remove repair or replace Structure foundation cabinet or compartment supporting or contain ing the Covered Equipment or part of the Covered Equipment including penstock draft tube or well casing 8 Vehicle aircraft self propelled equipment or floating vessel includ ing any equipment mounted on or used solely with any vehicle aircraft self propelled equipment or floating vessel Dragline power shovel excavation or construction equipment including any equipment mounted on or used solely with any dragline power shovel excavation or construction equipment 10 Elevator or escalator but not exclud ing any electrical machine or appara tus mounted on or used with this equipment 11 Felt wire screen mold form pat tern die extrusion plate swing ham mer grinding disc cutting blade non electrical cable chain belt rope clutch plate brake pad non metal part or any part or tool subject to pe riodic replacement 12 Astronomical telescope cyclotron nuclear reactor particle accelerator satellites andor spacecratft including satellite or spacecraft contents andor their launch sites 13 Computer equipment or electronic data processing equipment unless used to control or operate other equipment that is Covered Equip ment 14 Equipment or any part of such equip ment manufactured by you for sale or 15 Equipment while in the due course of transit. B. EQUIPMENT BREAKDOWN COVERAGE EXTENSIONS 1. Spoilage a. Under the Building and Personal Property Cover age Form Condominium Association Coverage Form Condominium Commercial Unit Owners Coverage Form the insurance that applies to Your Busi ness Personal Property and Personal Property of Others is extended to apply to direct physical loss or damage to such Covered Property that is 1 Maintained under controlled condi tions for its preservation and 2 Susceptible to loss or damage if the controlled conditions change due to spoilage resulting from lack or ex cess of power light heat steam or re CP T3820204 Page 2 of 6 | 2 |
COMMERCIAL PROPERTY Expediting Expense In the event of covered direct physical loss or damage to Covered Property under the a. Building and Personal Property Coverage Form b. Condominium Association Coverage Form or c. Condominium Commercial Unit Owners Coverage Form caused by or resulting from a Breakdown to Covered Equipment we will pay for the rea sonable additional expenses you necessarily incur to make temporary repairs to or expe dite the permanent repair or replacement of the lost or damaged Covered Property. Expediting expenses include overtime wages and the extra cost of express or other rapid means of transportation. The most we will pay under this Coverage Extension for all Expediting Expenses arising out of any one Equipment Breakdown is the Expediting Expenses Limit of Insurance shown in the Schedule of this endorsement. This limit is part of and not in addition to the Limit of Insurance that applies to lost or dam aged Covered Property. C. EQUIPMENT BREAKDOWN EXCLUSIONS 1. All of the Exclusions that apply to this Cover age Part apply to loss or damage under this endorsement except as follows a. When the Causes of Loss Basic Form applies Exclusions B. 2. a. B. 2. d. and B. 2. e. do not apply. b. When the Causes of Loss Broad Form applies Exclusions B. 2. a. B. 2. b. and B. 2. c. do not apply.. When the Causes of Loss Special Form applies Exclusions B. 2. a. B. 2. d. 6 and B. 2. e. do not apply. The following additional exclusions apply to the insurance provided by this endorsement 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. a. Lack or excess of power light heat steam or refrigeration. But this exclusion does not apply to frigeration that is caused solely by a Breakdown to Covered Equipment. Insurance under this Coverage Extension includes the reasonable expense you in cur to reduce or avert the spoilage loss or damage but only to the extent the amount of loss otherwise payable under this Coverage Extension is reduced. The most we will pay for loss or damage under this Coverage Extension arising out of any one Equipment Breakdown is the Spoilage Limit of Insurance shown in the Schedule of this endorsement. This limit is part of and not in addition to the Limit of Insurance that applies to the lost or damaged Covered Property. We will not pay for any loss or damage under this Coverage Extension that re sults from your failure to use due dili gence and dispatch and all reasonable means to protect the property from spoil age damage following a Breakdown to Covered Equipment. 2. Utility Services Property Subject to provision 2. b. below Covered Equipment is extended to include equip ment wherever located within the Cover age Territory that is 1 Owned operated or controlled by a local public or private utility or dis tributor that directly generates transmits distributes or provides util ity services to the described prem ises and 2 Used to supply water communication or power services to the described premises. This Coverage Extension applies 1 Only with respect to and 2 Subject to the Limits of Insurance that apply to the insurance if any otherwise provided under this Coverage Part for loss or damage caused by an interruption of power or other utility service supplied to the described premises caused by or re sulting from direct physical loss or dam age by a Covered Cause of Loss to the utility services equipment described in 2. a. above. CPT3820204 Page 3 of 6 | 2 |
COMMERCIAL PROPERTY C. 1 Business Income coverage or Extra Expense coverage or 2 The Spoilage Coverage Extension or Utility Services Property Coverage Extension Hydrostatic pneumatic or gas pressure testing of any boiler fired vessel or elec trical steam generator or Insulation breakdown testing of any type of electrical or electronic equipment. D. EQUIPMENT BREAKDOWN LIMITATIONS All of the Limitations that apply to this Coverage Part apply to loss or damage under this en dorsement except as follows 1. When the Causes of Loss Special Form applies Limitations C. 1. a. and C. 1. b. do not apply. The following additional Limitations apply to the insurance provided by this endorsement. These Limitations are included in and do not increase the applicable Limits of Insurance. Ammonia Contamination Limitation The most we will pay for loss or damage to property caused by ammonia contami nation that directly results from a Break down to Covered Equipment is the Am monia Contamination Limit of Insurance shown in the Schedule of this endorse ment. This limitation does not apply to Business Income coverage or to Extra Expense coverage. Hazardous Substance Limitation If as a direct result of a Breakdown to Covered Equipment property is dam aged contaminated or polluted by a sub stance other than ammonia that is de clared to be hazardous to health by a governmental agency the Hazardous Substance Limit of Insurance shown in the Schedule of this endorsement is the most we will pay for 1 Any additional expenses you incur to clean up repair replace or dispose of any such property that is Covered Property under this Coverage Part and 2 Any increase in loss of Business In come or Extra Expense due to the additional time required to clean up repair replace or dispose of the property provided Business Income or Extra Expense loss resulting from damage to such property is otherwise insured against under this Coverage Part. Subject to the Hazardous Sub stance Limit of Insurance the term period of restoration as used in the Business Income andor Extra Ex pense insurance provided under this Coverage Part is extended to include this additional period of time. As used in this Limitation additional ex penses and increase in loss mean ex penses and loss incurred beyond the ex penses and loss for which we would have been liable had no substance declared to be hazardous to health by a governmen tal agency been involved. E. EQUIPMENT BREAKDOWN LIMITS OF INSURANCE 1. The insurance provided under this endorse ment for loss or damage caused by or result ing from Equipment Breakdown is included in and does not increase the Covered Prop erty Business Income Extra Expense and other coverage Limits of Insurance that oth erwise apply under this Coverage Part. Payments under the Equipment Breakdown Coverage Extensions will not increase the applicable Limits of Insurance. F. EQUIPMENT BREAKDOWN DEDUCTIBLE 1. Unless otherwise indicated in the Schedule of this endorsement the insurance provided un der this endorsement for loss or damage caused by or resulting from Equipment Breakdown is subject to the deductibles that otherwise apply under this Coverage Part. When one or more separate deductibles are indicated in the Schedule of this endorse ment each such deductible shall be applied separately to the applicable coverage for which the deductible is indicated as follows a. Dollar Deductible If a dollar deductible is shown in the Schedule we will not pay for loss or damage until the amount of loss or dam age to which the deductible applies ex ceeds the applicable dollar deductible. We will then pay the amount of loss or damage in excess of the dollar deducti CP T3820204 Page 4 of 6 | 2 |
COMMERCIAL PROPERTY ble up to the applicable Limit of Insur ance. Time Period Deductible If a time period deductible is shown in the Schedule we will not pay for any loss to which the deductible applies that occurs during the specified time period immedi ately following a Breakdown to Covered Equipment. Average Daily Value Deductible If an average daily value deductible is shown in the Schedule this deductible will be calculated as follows 1 For all of the described premises where you incur Business Income or Extra Expense loss due to a Break down to Covered Equipment deter mine the total amount of Business Income that would have been earned or incurred by you during the period of restoration had no Breakdown to Covered Equipment occurred. Divide the amount determined in paragraph 1 by the number of days the business would have been open during the period of restoration. The result is the average daily value. 3 Multiply the average daily value in paragraph 2 by the Multiple of Av erage Daily Value shown in the Schedule. We will first subtract this deductible amount from any loss we would otherwise pay. We will then pay the amount of loss or damage in excess of the deductible up to the applicable Limit of Insurance. d. Percentage of Loss Deductible If a deductible is expressed as a percent age of loss in the Schedule we will not be liable for the indicated percentage of the gross amount of loss or damage in sured under the applicable coverage. G. EQUIPMENT BREAKDOWN ADDITIONAL CONDITION The following Additional Condition applies to the insurance provided under this endorsement Suspension If any Covered Equipment is found to be in or exposed to a dangerous condition any of our rep resentatives may immediately suspend the insur ance provided by this endorsement for loss or damage caused by or resulting from a Breakdown to that Covered Equipment. This can be done by delivering or mailing a notice of suspension to 1. Your last known address or 2. The address where the Covered Equipment is located. Once suspended in this way such insurance can only be reinstated by a written endorsement is sued by us. If we suspend your insurance you will get a pro rata refund of premium for that Cov ered Equipment. But the suspension will be effec tive even if we have not yet made or offered a refund. CPT3820204 Page 5 of 6 | 2 |
COMMERCIAL PROPERTY ISSUE DATE 12 27 19 POLICY NUMBER Y660 0N157109 TIL20 EQUIPMENT BREAKDOWN SCHEDULE Limits of Insurance Spoilage Expediting Expenses Ammonia Contamination Hazardous Substance 25000 unless a higher amount is shown 25000 unless a higher amount is shown 25000 unless a higher amount is shown 25000 unless a higher amount is shown BHBe Deductible Exceptions Commercial Property Coverage Part Deductibles apply to loss or damage under this endorsement except as follows CP T3820204 Page 6 of 6 | 2 |
COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE 12 27 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAUSES OF LOSS BROAD FORM FLOOD This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT 1. When a Broad Form Flood Limit of Insurance is shown in the Schedule of this Endorsement for a building number this endorsement applies at the premises of such building numbers. This endorsement also applies to a. The Newly Acquired or Constructed Property Coverage Extension in the Building and Personal Property Coverage Form b. The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income Without Extra Expense and Extra Expense Coverage Forms c. The Civil Authority Additional Coverage in the Business Income And Extra Expense Business Income Without Extra Expense and Extra Expense Coverage Forms but only with respect to such loss of Business Income andor Extra Expense that you incur at the premises described in A.1. above. d. Utility Services Direct Damage or Utility Services Time Element coverage provided under this Coverage Part if any but only with respect to such direct damage loss or loss of Business Income andor Extra Expense that is incurred at the premises described in A.1. above. Except as provided in A.2a. through A2.d. above this endorsement does not apply to loss or damage caused by or resulting from Flood that occurs away from the premises described in A.1. above. This endorsement does not apply to or modify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by fire explosion or sprinkler leakage that results from Flood or COVE Under Loss Form s Loss Cover the Sc prope AllFI 1. D b. Any other insurance provided under this Coverage Part for loss or damage to which the Water exclusion in Section B.1.g. does not apply. B. COVERED CAUSES OF LOSS Under the Causes Of Loss Basic Causes of Loss Broad and Causes Of Loss Special Forms Flood is added to Covered Causes of Loss and specified cause of loss only for Covered Property at building numbers shown in the Schedule below including if insured personal property in the open. AllFlood loss that occurs 1. During a continuous or protracted event such as a period of continued rising or overflow of any rivers streams or any bodyies of water and the subsidence of same within the banks of such rivers streams or bodyies of water or 2. Due to any tidal wave or series of tidal waves that occur within any 168 hour period will constitute a single Flood occurrence. If Flood loss commences prior to the expiration date of this policy and the Flood occurrence extends beyond the expiration date of this policy the expiration date of this policy will not reduce the Flood occurrence period. C. FLOOD DEFINED Flood means the following all whether naturally occurring or due to man made or other artificial causes 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 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 CPT3020217 Page 1 of 4 | 2 |
COMMERCIAL PROPERTY c. Doors windows or other openings Water or sewage that backs up overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment or 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. D. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. Under the Exclusions contained in Section B.1. of the Causes Of Loss Basic Causes of Loss Broad and Causes Of Loss Special Forms a. Exclusion b. Earth Movement does not apply to the insurance otherwise provided under this endorsement for loss or damage caused by or resulting from 1 Mudslide or mudflow that is caused by or precipitated by the accumulation or runoff of water on or below the surface of the ground or 2 Flood that is attributable to an Earth Movement such as tsunami but this exception does not apply to loss or damage caused by or resulting from any excluded Earth Movement that results from such Flood. b. Exclusion g. Water does not apply to the coverage provided under this endorsement. The remaining Exclusions and the Limitations that apply to this Coverage Part apply to the coverage provided under this endorsement. The following additional exclusions apply to the coverage provided under this endorsement a. We will not pay for any loss or damage caused by or resulting from any Flood that begins before or within 72 hours after the inception date of this endorsement or to any additional buildings increase in limits or reduction in deductibles within 72 hours of your request. However 1 This limitation does not apply to a particular location if Flood coverage was in effect for that location for at least 72 hours immediately prior to the inception date of this endorsement under a policy issued by us or by another insurer and this policy replaced the previous policy without a lapse in coverage or If you request and we provide an increase in the stated Limit of Insurance for Flood at the time of renewal of the policy this limitation does not apply. b. The cost of restoring recovering or de watering land or to loss resulting from that time required to restore recover or de water land. 3. The following additional LIMITATION is added as respects coverage provided by this endorsement EXCESS OF LOSS LIMITATION a. The following Excess of Loss Limitation applies to all buildings indicated in item C. of the Schedule below to coverage provided under the Newly Acquired or Constructed Property or the Newly Acquired Property Coverage Extensions and to all buildings subsequently endorsed to this policy situated in any type of Zone prefixed A or V. We will pay only for the amount of loss in excess of the maximum amount of insurance permitted under the provisions of the National Flood Insurance Act of 1968 or any subsequent amendment applicable to the property to which the loss occurs. This provision applies whether or not you have purchased or maintained such insurance. b. This provision does not apply to loss which can not be covered under provisions of the above Act of amendments. If we pay for loss subject to this provision the benefit of any recovery or salvage on such loss is ours to the extent of our payment.. The DEDUCTIBLE provisions below are in addition to any applicable Excess of Loss Limitation. E. PROVISIONS THAT DO NOT APPLY TO THIS ENDORSEMENT The following provisions of forms and endorsements that may be part of this Coverage Part do not apply to this endorsement 1. The Additional Condition Coinsurance 2. Need For Adequate Insurance CPT3020217 Page2of 4 | 2 |
COMMERCIAL PROPERTY F. FOUNDATIONS AND UNDERGROUND PROPERTY The following is added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM Under the Building and Personal Property Coverage Form when BUILDING coverage applies at premises locations to which this endorsement applies the insurance provided by this endorsement is extended to also apply to direct physical loss or damage by Flood to 1. Foundations of buildings structures machinery or boilers if their foundations are below the lowest basement floor or the surface of the ground if there is no basement and 2. Underground wires pipes flues and drains. The exclusion of property of this type under Section A.2. Property Not Covered does not apply to this extension. This extension does not increase the Broad Form Flood Limit of Insurance that that applies at such premises locations. G. ADDITIONAL COVERAGES With respect to Flood Coverage the Debris Removal Additional Coverage and any Debris Removal Additional Amount of Insurance provided by any endorsement is not applicable and is replaced by the following 1. We will pay your expense to remove debris of Covered Property and other debris that is on the described premises when such debris is caused by or results from Flood. However we will not pay to remove deposits of mud or earth from the grounds of the described premises. 2. We will also pay the expense to remove debris of Covered Property that has floated or been hurled off the described premises. 3. This coverage for Debris Removal as set forth above does not increase the applicable Limit of Insurance for Flood. Therefore the most we will pay for the total of debris removal and loss or damage to Covered Property is the Limit of Insurance for Flood that applies to the Covered Property at the UNDERGROUND affected described premises covered under this endorsement. H. DEDUCTIBLE 1. When a dollar amount is shown in the Schedule below the following applies a. We will not pay for loss or damage in any one occurrence until the total amount of loss or damage for all coverages exceeds the Deductible shown in the Schedule below. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limits of Insurance or b. When stated in the Schedule below we will not pay for loss or damage in any one occurrence at each premises location until the total amount of loss or damage for all coverages at each premises location exceeds the Deductible shown in the Schedule below. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limits of Insurance. 2. The following is applicable to BUSINESS INCOME COVERAGE FORMS When an hourly deductible is stated in the Schedule below the following is applicable to Business Income Coverage We will only pay for loss you sustain after the number of consecutive hours indicated in the Schedule below after direct physical loss or damage caused by or resulting from Flood. We will then pay the amount of loss or damage in excess of the Deductible up to the Limit of Insurance. 3. No Deductible applies to Extra Expense. I. LIMITS OF INSURANCE The most we will pay for loss caused by any Flood is 1. The Limits of Insurance shown in the Schedule below even if the loss involves more than one coverage. Amounts payable under any Additional Coverage or Coverage Extensions do not increase the Limits of Insurance. This limit is part of and does not increase the Limits of Insurance that apply under this Coverage Part. The Limits of Insurance in the Schedule below that applies to any one occurrence subject to the Annual Aggregate Limits for all Flood losses occurring in any one policy CPT3020217 Page 3 of 4 | 2 |
COMMERCIAL PROPERTY year commencing with the inception or anniversary date of this endorsement whichever is less. If more than one Annual Aggregate Limit is shown in the Schedule below the most we will pay during the policy period is the largest of the Annual Aggregate limits. In the event of covered ensuing loss for example loss caused by Fire Explosion andor Sprinkler Leakage which results from the Flood the most we will pay for the total of all loss or damage caused by Flood Fire Explosion and Sprinkler Leakage is the Limit of Insurance applicable to Fire. We will not pay the sum of the Fire and Flood limits. The most we will pay for loss or damage covered under Newly Acquired or Constructed Property or Newly Acquired Property Coverage Extensions is a total of 100000 in any one occurrence and in any one policy year. See Attached Schedule CPT3020217 Page 4 of 4 | 2 |
COMMERCIAL PROPERTY POLICY NUMBER660 0N157109 TIL20 ISSUE DATE12 27 19 CAUSES OF LOSS BROAD FORM FLOOD SCHEDULE. LIMITS OF INSURANCE 1. Occurrence Limit 5000000 Annual Aggregate Limit 5000000 Applies at the following Buildings numbered 002 If more than one Annual Aggregate Limit applies the most we will pay during any one policy year is the largest of the Annual Aggregate Limits shown.. DEDUCTIBLES 1. In any one occurrence at the following Buildings numbered 002 50000 5000000 50 000 C. EXCESS OF LOSS LIMITATION 1. The Excess of Loss Limitation applies to Covered Property at all premises locations and buildings included in and subsequently endorsed to this policy which are situated in any type of Zones prefixed A or V as designated by the National Flood Insurance Act of 1968 or any subsequent amendment unless otherwise indicated below. The Excess of Loss Limitation also applies at the following buildings in this Schedule 002 007 Page 4 of 4 CPT3020217 Order CP A0 05 02 17 | 2 |
COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE 12 27 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAUSES OF LOSS EARTHQUAKE This endorsement modifies insurance provided under COMMERCIAL PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT 1. This endorsement applies at the premises of the building numbers shown in the Schedule below including if insured personal property in the open. This endorsement also applies to a. The Newly Acquired or Constructed Property Coverage Extension in the Building or Personal Property Coverage Form b. The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income Without Extra Expense and Extra Expense Coverage Forms c. The Civil Authority Additional Coverage in the Business Income And Extra Expense Business Income Without Extra Expense and Extra Expense Coverage Forms but only with respect to such loss of Business Income andor Extra Expense incurred at the premises of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations and d. Utility Services Direct Damage or Utility Services Time Element coverage provided under this Coverage Part if any but only with respect to such direct damage loss or loss of Business Income andor Extra Expense that is incurred at the premises of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations. Except as provided in A.1a. through A.1.d. above this endorsement does not apply to loss or damage caused by or resulting from Earthquake or Volcanic Eruption that occurs away from the premises of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations. This endorsement does not apply to or modify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by fire or explosion that results from earth movement other than volcanic eruption explosion or effusion or for loss or damage by fire building glass breakage or volcanic action that results from a volcanic eruption explosion or effusion or b. Any other insurance provided under this Coverage Part for loss or damage to which the Earth Movement exclusion does not apply. COVERED CAUSES OF LOSS Under the Causes Of Loss Basic Causes of Loss Broad and Causes Of Loss Special Forms the following are added to Covered Causes of Loss and specified cause of loss 1. Earthquake meaning a shaking or trembling of the earth s crust caused by underground volcanic or tectonic forces or by breaking or shifting of rock beneath the surface of the ground from natural causes. 2. Volcanic Eruption meaning the eruption explosion or effusion of a volcano. All earthquake shocks or volcanic eruptions that occur within any 168 hour period will constitute a single Earthquake or Volcanic Eruption. The expiration of this policy will not reduce the 168 hour period. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. The Earth Movement exclusion contained in Section B.1.b. of the Causes Of Loss Basic Causes of Loss Broad and Causes Of Loss Special Forms does not apply to the coverage provided under this endorsement. The remaining Exclusions and the Limitations that apply to this Coverage Part apply to the coverage provided under this endorsement. For example loss caused directly or indirectly by a cause of loss excluded under provisions B.1.g.1 through 5 of the Water exclusion CPT3330217 Page 1 of 4 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY contained in Section B.g. of the Causes of Loss Basic Causes of Loss Broad and Causes of Loss Special Forms such as flood or tidal wave is excluded even if the flood or tidal wave is attributable to an Earthquake or Volcanic Eruption. 2. The following additional exclusions apply to the coverage provided under this endorsement a. We will not pay for loss or damage caused by or resulting from any earthquake or volcanic eruption that begins before the inception of this insurance. b. We will not pay for the cost of restoring or stabilizing land or for loss resulting from the time required to restore or stabilize land. 23. The following additional LIMITATION applies to the coverage provided by this endorsement We will not pay for loss or damage to exterior masonry veneer except stucco on wood frame walls caused by or resulting from Earthquake or Volcanic Eruption. The value of such veneer will not be included in the value of Covered Property or the amount of loss when applying the Deductible applicable to this endorsement. This limitation does not apply if a. Less than 10 of the total outside wall area is faced with masonry veneer excluding stucco or b. The Cause of Loss Earthquake Masonry Veneer Coverage endorsement is attached to this policy. D. PROVISIONS THAT DO NOT APPLY TO THIS ENDORSEMENT The following provisions of forms and endorsements that may be part of this policy do not apply to this endorsement 1. The Additional Condition Coinsurance or 2. Need For Adequate Insurance. E. FOUNDATIONS AND UNDERGROUND PROPERTY The following is added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM Covered Property is revised to include the following when BUILDING coverage is provided and the building number is indicated in the Schedule below 1. Foundations of buildings structures machinery or boilers if their foundations are below the lowest basement floor or the surface of the ground if there is no basement and 2. Underground wires pipes flues and drains. The exclusion of underground wires pipes flues and drains under Section A.2. Property Not Covered does not apply to this extension of coverage. But this will not increase the Earthquake Limit of Insurance that applies to this insurance. DEDUCTIBLES The following deductible provisions apply to the building numbers shown in the Schedule below 1. If a percentage is shown in the Schedule below the following applies a. Indetermining the amount if any that we will pay for loss or damage we will deduct an amount equal to 1 2 5 or 10 as shown in the Schedule of the values of the property that has sustained loss or damage at each of the buildings shown in the Schedule. The values to be used are those shown in the most recent Statement of Values on file with us. If there is no Statement of Values on file with us or the Covered Property is a building in the course of construction or Newly Acquired or Constructed Property we will use the values of the property at the time of loss that has sustained loss or damage. This Deductible is calculated separately for and applies separately to 1 Each building if two or more buildings sustain loss or damage 2 The building and separately to the total of personal property in that building if both sustain loss or damage 3 The total personal property at each building if personal property at two or more buildings sustains loss or damage 4 The total personal property in the open and CPT3330217 Page 2 of 4 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 2. 5 Any other property insured under this Coverage Part. If both a percentage and dollar amount deductible are shown in the Schedule one of the following also applies 1 the least we will deduct in any one occurrence is the dollar amount shown in the Schedule or 2 the least we will deduct in any one occurrence at each premises location is the dollar amount shown in the Schedule. We will not pay for loss or damage until the amount of loss or damage exceeds the deductible. We will then pay the amount of loss or damage in excess of the deductible up to the applicable Limits of Insurance. If a dollar amount is shown in the Schedule the following applies a. We will not pay for loss or damage in any one occurrence until the total amount of loss or damage for all coverages exceeds the Deductible shown in the Schedule. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limits of Insurance or When stated in the Schedule below we will not pay for loss or damage in any one occurrence at each premises location until the total amount of loss or damage for all coverages at each premises location exceeds the Deducible shown in the Schedule. We will than pay the amount of loss or damage in excess of the Deductible up to the applicable Limits of Insurance. The following is applicable to BUSINESS INCOME COVERAGE FORMS When an hourly deductible is stated in the Schedule below the following is applicable to Business Income Coverage We will only pay for loss you sustain after the number of consecutive hours indicated in the G. 4. Nol LiMITs The mo earthque 1. The Sch mor und Exte Insu incre und 2. The belo subj all com date 3. Ifw appl will of th 4. Ifa mea Newly A Acquirec this end occurrer See Attached Schedule Schedule below after direct physical loss or damage caused by or resuling from Earthquake or Volcanic Eruption. We will then pay the amount of loss or damage in excess of the Deductible up to the Limit of Insurance. 4. No Deductible applies to Extra Expense. G. LIMITS OF INSURANCE The most we will pay for loss caused by any earthquake or volcanic eruption is 1. The Limits of Insurance shown in the Schedule below even if the loss involves more than one coverage. Amounts payable under any Additional Coverage or Coverage Extensions do not increase the Limits of Insurance. This limit is part of and does not increase the Limits of Insurance that apply under this Coverage Part. The Limits of Insurance in the Schedule below that applies to any one occurrence subject to the Annual Aggregate Limits for all losses occurring in any one policy year commencing with the inception or anniversary date of this endorsement whichever is less. If more than one Annual Aggregate Limit applies in any one occurrence the most we will pay during the policy period is the largest of the Annual Aggregate limits shown. If a Cause of Loss such as fire is covered by means of an exception to the Earth Movement Exclusion in the Cause of Loss Form we will also pay for the loss or damage caused by that other Covered Cause of Loss. But the most we will pay for the total of all loss or damage caused by Earthquake Volcanic Eruption and other Covered Cause of Loss is the Limit of Insurance applicable to such other Covered Cause of Loss. We will not pay the sum of the two limits. The most we will pay for loss or damage for Newly Acquired or Constructed Property or Newly Acquired Property Coverage Extensions under this endorsement is a total of 100000 in any one occurrence and in any one policy year. CPT3330217 Page 3 of 4 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY POLICY NUMBERY660 0N157109 TIL20 ISSUE DATE12 27 19 CAUSES OF LOSS EARTHQUAKE SCHEDULE LIMITS OF INSURANCE 1. Occurrence Limit 5000000 Annual Aggregate Limit 5000 Applies at the following Buildings numbered 002 If more than one Annual Aggregate Limit applies the most we will pay during any one policy year is the largest of the Annual Aggregate Limits shown. DEDUCTIBLES 1. In any one occurrence at the following Buildings numbered 002 50 5000000 50 000 Page 4of 4 CPT3330217 Order CP A0 01 02 17 | 2 |
COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE 12 27 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ORDINANCE OR LAW COVERAGE This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM CONDOMINIUM ASSOCIATION COVERAGE FORM STANDARD PROPERTY POLICY SCHEDULE Coverage B And C Building Number Coverage B Coverage C Combined Premises Number Coverage A Limit Of Insurance Limit Of Insurance Limit Of Insurance 2 X 250000 250000 3 X 250000 250000 4 X 250000 250000 Information required to complete this Schedule if not shown above will be shown in the Declarations. C or if one of these Coverages is not applicable. Do not enter a Blanket Limit of Insurance if individual Limits of Insurance are selected for Coverages B and A. Each Coverage Coverage A Coverage B and Coverage C is provided under this endorsement only if that Coverages is chosen by entry in the above Schedule and then only with respect to the building identified for that Coverages in the Schedule. B. Application Of Coverages The Coverages provided by this endorsement applies only if both B.1. and B.2. are satisfied and are then subject to the qualifications set forth in B3. 1. The ordinance or law a. Regulates the demolition construction or repair of buildings or establishes zoning or land use requirements at the described premises and b. s inforce at the time of loss. But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement. 2a. The building sustains direct physical damage that is covered under this policy and as a result of such damage you are required to comply with the ordinance or law or b. The building sustains both direct physical damage that is covered under this policy and direct physical damage that is not covered under this policy and as a result of the building damage in its entirety you are required to comply with the ordinance or law. But if the building sustains direct physical damage that is not covered under this policy and such damage is the subject of the ordinance or law then there is no coverage under this endorsement even if the building has also sustained covered direct physical damage. In the situation described in B.2.b. above we will not pay the full amount of loss otherwise payable under the terms of Coverages A B andor C of this endorsement. Instead we will pay a proportion of such loss meaning the proportion that the covered direct physical CP 04051012 Insurance Services Office Inc. 2011 Page 1 of 4 | 2 |
COMMERCIAL PROPERTY damage bears to the total direct physical damage. Section H. of this endorsement provides an example of this procedure. However if the covered direct physical damage alone would have resulted in a requirement to comply with the ordinance or law then we will pay the full amount of loss otherwise payable under the terms of Coverages A B andlor C of this endorsement. C. We will not pay under Coverage A B or C of this endorsement for 1. Enforcement of or compliance with any ordinance or law which requires the demolition repair replacement reconstruction remodeling or remediation of property due to contamination by pollutants or due to the presence growth proliferation spread or any activity of fungus wet or dry rot or bacteria or The costs associated with the enforcement of or compliance with any 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 fungus wet or dry rot or bacteria. D. Coverage 1. Coverage A Coverage For Loss To The Undamaged Portion Of The Building With respect to the building that has sustained covered direct physical damage we will pay under Coverage A for the loss in value of the undamaged portion of the building as a consequence of a requirement to comply with an ordinance or law that requires demolition of undamaged parts of the same building. Coverage A is included within the Limit Of Insurance shown in the Declarations as applicable to the covered building. Coverage A does not increase the Limit of Insurance. Coverage B Demolition Cost Coverage With respect to the building that has sustained covered direct physical damage we will pay the cost to demolish and clear the site of undamaged parts of the same building as a consequence of a requirement to comply with an ordinance or law that requires demolition of such undamaged property. The Coinsurance Additional Condition does not apply to Demolition Cost Coverage. 3. Coverage C Increased Cost Of Construction Coverage a. With respect to the building that has sustained covered direct physical damage we will pay the increased cost to 1 Repair or reconstruct damaged portions of that building andor 2 Reconstruct or remodel undamaged portions of that building whether or not demolition is required when the increased cost is a consequence of a requirement to comply with the minimum standards of the ordinance or law. However 1 This coverage applies only if the restored or remodeled property is intended for similar occupancy as the current property unless such occupancy is not permitted by zoning or land use ordinance or law. 2 We will not pay for the increased cost of construction if the building is not repaired reconstructed or remodeled. The Coinsurance Additional Condition does not apply to Increased Cost of Construction Coverage. b. When a building is damaged or destroyed and Coverage C applies to that building in accordance with 3.a. above coverage for the increased cost of construction also applies to repair or reconstruction of the following subject to the same conditions stated in 3.a. 1 The cost of excavations grading backfilling and filling 2 Foundation of the building 3 Pilings and 4 Underground pipes flues and drains. The items listed in b.1 through b.4 above are deleted from Property Not Covered but only with respect to the coverage described in this provision 3.b. E. Loss Payment 1. All following loss payment provisions E.2. through E.5. are subject to the apportionment CP 04051012 Page 2 of 4 Insurance Services Office Inc. 2011 | 2 |
COMMERCIAL PROPERTY procedures set forth in Section B.3. of this endorsement. 2. When there is a loss in value of an undamaged portion of a building to which Coverage A applies the loss payment for that building including damaged and undamaged portions will be determined as follows a. Ifthe Replacement Cost Coverage Option applies and the property is being repaired or replaced on the same or another premises we will not pay more than the lesser of 1 The amount you would actually spend to repair rebuild or reconstruct the building but not for more than the amount it would cost to restore the building on the same premises and to the same height floor area style and comparable quality of the original property insured or 2 The Limit Of Insurance shown in the Declarations as applicable to the covered building. b. Ifthe Replacement Cost Coverage Option applies and the property is not repaired or replaced or if the Replacement Cost Coverage Option does not apply we will not pay more than the lesser of 1 The actual cash value of the building at the time of loss or 2 The Limit Of Insurance shown in the Declarations as applicable to the covered building. 3. Unless Paragraph E.5. applies loss payment under Coverage B Demolition Cost Coverage will be determined as follows We will not pay more than the lesser of the following a. The amount you actually spend to demolish and clear the site of the described premises or b. The applicable Limit Of Insurance shown for Coverage B in the Schedule above. 4. Unless Paragraph E.5. applies loss payment under Coverage C Increased Cost Of Construction Coverage will be determined as follows a. We will not pay under Coverage C 1 Until the property is actually repaired or replaced at the same or another premises and 5. 2 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 under Coverage C is the lesser of 1 The increased cost of construction at the same premises or 2 The applicable Limit Of Insurance shown for Coverage C in the Schedule above. c. Ifthe ordinance or law requires relocation to another premises the most we will pay under Coverage C is the lesser of 1 The increased cost of construction at the new premises or 2 The applicable Limit Of Insurance shown for Coverage C in the Schedule above. If a Combined Limit Of Insurance is shown for Coverages B and C in the Schedule above Paragraphs E.3. and E.4. of this endorsement do not apply with respect to the building that is subject to the Combined Limit and the following loss payment provisions apply instead The most we will pay for the total of all covered losses for Demolition Cost and Increased Cost of Construction is the Combined Limit Of Insurance shown for Coverages B and C in the Schedule above. Subject to this Combined Limit of Insurance the following loss payment provisions apply a. For Demolition Cost we will not pay more than the amount you actually spend to demolish and clear the site of the described premises. b. With respect to the Increased Cost of Construction 1 We will not pay for the increased cost of construction a Until the property is actually repaired or replaced at the same or another premises and b Unless the repair or replacement is made as soon as reasonably CP04051012 Insurance Services Office Inc. 2011 Page 3 of 4 | 2 |
COMMERCIAL PROPERTY possible after the loss or damage not to exceed two years. We may extend this period in writing during the two years. 2 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 is the increased cost of construction at the same premises. 3 If the ordinance or law requires relocation to another premises the most we will pay for the increased cost of construction is the increased cost of construction at the new premises. F. The terms of this endorsement apply separately to each building to which this endorsement applies. G. Under this endorsement we will not pay for loss due to any ordinance or law that 1. You were required to comply with before the loss even if the building was undamaged and 2. You failed to comply with. H. Example of proportionate loss payment for Ordinance Or Law Coverage Losses procedure as set forth in Section B.3. of this endorsement. Assume Windis a Covered Cause of Loss Flood is an excluded Cause of Loss The building has a value of 200000 Total direct physical damage to building 100000 The ordinance or law in this jurisdiction is enforced when building damage equals or exceeds 50 of the building s value Portion of direct physical damage that is covered caused by wind 30000 Portion of direct physical damage that is not covered caused by flood 70000 Loss under Ordinance Or Law Coverage C of this endorsement 60000 Step1 Determine the proportion that the covered direct physical damage bears to the total direct physical damage. 30000 100000.30 Step 2 Apply that proportion to the Ordinance or Law loss. 60000 x.30 18000 In this example the most we will pay under this endorsement for the Coverage C loss is 18000 subject to the applicable Limit of Insurance and any other applicable provisions. Note The same procedure applies to losses under Coverages A and B of this endorsement. The following definition is added Fungus means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. CP 04051012 Page 4 of 4 Insurance Services Office Inc. 2011 | 2 |
COMMERCIAL PROPERTY POLICY NUMBER Y660 0N157109 TIL20 ISSUE DATE12 27 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUILDING OWNERS EXTRA This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM CAUSES OF LOSS SPECIAL FORM A. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is revised as follows 1. The coverages contained in Section A.4. Additional Coverages are revised as follows Fire Department Service Charge Increased Limit The Limit of Insurance that applies to the Fire Department Service Charge Additional Coverage is increased to 25000. 2. The following coverages are added under Section A.4. Additional Coverages. Each of these Additional Coverages is additional insurance unless otherwise indicated. a. Ordinance or Law 1 If a Covered Cause of Loss occurs to covered Building property we will pay for a Loss to the Undamaged Portion of the Building caused by enforcement of or compliance with any ordinance or law that i Requires the demolition of parts of the same property not damaged by a Covered Cause of Loss ii Regulates the construction or repair of buildings or establishes zoning or land use requirements at the described premises and iii Is in force at the time of loss. b Demoliton Cost meaning the cost to demolish and clear the site of undamaged parts of the Building property caused by enforcement of the building zoning or land use ordinance or law. c The Increased Cost of Construction caused by CPT3370217 enforcemer with buildin ordinance increased or constru compliance requiremen or law. Th constructior to the follow Thisco Increas 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. enforcement of or compliance with building zoning or land use ordinance or law meaning the increased cost to repair rebuild or construct the property in compliance with the minimum requirements of such ordinance or law. This increased cost of construction coverage is subject to the following provisions i This coverage applies only if A The Building property is insured for replacement cost B The Building property is repaired rebuilt or reconstructed and C The repaired rebuilt or reconstructed Building property is intended for similar occupancy as the current Building property unless otherwise required by zoning or land use ordinance or law. i We will not pay for the Increased Cost of Construction A Until the Building property is actually repaired or replaced at the same premises or another premises and B Unless the repairs or replacement are 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. Page 1 of 6 | 2 |
COMMERCIAL PROPERTY 2 The most we will pay under provisions a. 1 a a. 1 b and a. 1 c of this Ordinance or Law Additional Coverage for the total of all loss arising out of any one occurrence is 250000. Subject to this Ordinance or Law Limit of Insurance a The insurance provided under this Additional Coverage for Loss to the Undamaged Portion of the Building is limited as follows i If the Replacement Cost Coverage Option applies and the property is repaired or replaced on the same or another premises we will not pay more than the lesser of A The amount you actually spend to repair rebuild or reconstruct the undamaged portion of the Building or B The amount it would cost to restore the undamaged portion of the Building on the same premises and to the same height floor area style and comparable quality of the original undamaged portion of the Building. ii If the Replacement Cost Coverage Option applies and the property is not repaired or replaced or if the Replacement Cost Coverage Option does not apply we will not pay more than the actual cash value of the undamaged portion of the Building at the time of loss. b We will not pay more for Demolition Costs than the amount you actually spend to demolish and clear the site of the described premises. c The insurance provided under this Additional Coverage for Increased Cost of Construction is limited as follows i If the Building property 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 is the increased cost of construction at the same premises. i If the ordinance or law requires relocation to another premises the most we will pay for the increased cost of construction is the increased cost of construction at the new premises. 3 We will not pay under this Ordinance or Law Additional Coverage for a Loss due to any ordinance or law that i You were required to comply with before the loss even if the building was undamaged and ii You failed to comply with. b Costs associated with the enforcement of or compliance with any ordinance or law that 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. 4 The Ordinance or Law exclusion in the applicable Causes of Loss Form does not apply to this Additional Coverage. b. Tenant Move Back Expenses 1 We will reimburse you for expenses you pay for Covered Tenant Move Back Expenses of tenants who temporarily vacate a portion of the building at the premises described in the Declarations. CPT3370217 Page 2 of 6 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY c. Lessor s Leasehold Interest 1 We will pay for loss of Covered 3 Leasehold Interest you sustain due to the cancellation of lease contracts by tenants. The cancellation must result from direct physical loss of or damage to your Covered Property at the premises described in the Declarations caused by or resulting from a Covered Cause of Loss during the term of this policy. Covered Leasehold Interest means the difference between the a Rent you were collecting at the described premises prior to the loss and b Rental Value of the described premises after loss or damage has been repaired or rebuilt. Covered Leasehold Interest does not include refunds or rebates of a Prepaid rent b Security or other deposits made by tenants and c Insurance taxes or other payments made on your behalf by tenants. The most we will pay under this Additional Coverage is the least of the following a Your Covered Leasehold Interest for the 12 months immediately following the period of restoration and ending with the normal expiration date of each canceled lease or b 25000 for all Covered Leasehold Interest of all tenants canceling their leases arising out of an occurrence at a described premises. 4 The following Definitions are added a Period of restoration means The time period that begins with the date of direct physical loss or damage caused by or resulting from a Covered Cause of Loss at the described premises and 3 4 The vacancy must have occurred while the portion of the building rented by the tenant could not be occupied due to direct physical loss of or damage to your Covered Property caused by or resulting from a Covered Cause of Loss during the term of this policy. The expiration date of this policy will not preclude payment of the Tenant Move Back Expenses incurred by you after that date but the coverage applies a Only to Tenant Move Back Expenses that are incurred within 60 days after the date tenantability of the building should have been restored with reasonable speed and b Only with respect to tenants who move back within that 60 day period. Covered Tenant Move Back Expenses means only documented reasonable and necessary expenses of a Packing insuring and transporting business personal property b Re establishing electric utility and communication services less refunds from discontinued services c Assembling and setting up fixtures and equipment and d Unpacking and reshelving stock and supplies. If the tenants have vald and collectible insurance which would pay for such Tenant Move Back Expense we will pay only for the amount of Covered Tenant Move Back Expenses in excess of the amount payable from such other insurance. The most we will pay under this Additional Coverage for all Tenant Move Back Expenses arising out of any one occurrence regardless of the number of tenants involved is 25000. CPT3370217 Page 3 of 6 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY ii Ends on the date when the a. Appurtenant Build property at the described 1 At the descrit premises should be repaired Building covera rebuilt or replaced with reasonable speed and ready a You may for occupancy. that applies o to direct ph.Perod of restoration does rlo by a Cover include any increased period incidental required due to the enforcement or structure of any ordinance or law that described i Regulates the construction specifically use or repair or requires the Declaration tearing down of any property b You may or that applie i Requires any insured or Personal others to test for monitor Property o clean up remove contain Data Proce treat detoxify or neutralize Electronic or in any way respond to or and Media assess the effects of direct physi pollutants. a Covered The expiration date of this policy will property loc not cut short the period of appurtenan restoration. structures described b Rental Value means the specifically i Total Anticipated rental Declaration income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you and 2 Incidental appt structures inclu to storage buil houses above outdoor swimmi ii Amounts of all charges which are the legal obligations of the tenants which would But incidental or structures do otherwise be your a Outside si obligations. attached to 3. The coverages contained in Section A.5. b Any prop Coverage Extensions are revised as follows g tdoqr ension Newly Acquired or Constructed Property Increased Limit c gg Dropj ion The Limit of Insurance that applies to Covered. buildings under the Newly Acquired or Constructed Property Coverage Extension is 3 The mot we increased to 1000000 at each building. damage in any this Extension i 4. The following coverages are added to Section b. Reimbursement of A.5. Coverage Extensions. Each of these Coverage Extensions is additional insurance 1 If as a result of unless otherwise indicated. The Additional or damage to Condition Coinsurance does not apply to master key by these additional Coverage Extensions. Loss you may Page 4 of 6 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. a. Appurtenant Buildings and Structures 1 2 3 At the described premises where Building coverage applies a You may extend the insurance that applies to Buildings to apply to direct physical loss or damage by a Covered Cause of Loss to incidental appurtenant buildings or structures which are at the described premises but not specifically described in the Declarations and b You may extend the insurance that applies to Your Business Personal Property Personal Property of Others Electronic Data Processing Equipment and Electronic Data Processing Data and Media if any to apply to direct physical loss or damage by a Covered Cause of Loss to such property located within incidental appurtenant buildings or structures which are at the described premises but not specifically described in the Declarations. Incidental appurtenant buildings or structures include but are not limited to storage buildings garages pump houses above ground tanks and outdoor swimming pools. But incidental appurtenant buildings or structures does not include a Outside signs whether or not attached to buildings b Any property to which the Outdoor Property Coverage Extension applies or c Any property excluded under Section A.2. Property Not Covered. The most we will pay for loss or damage in any one occurrence under this Extension is 25000. b. Reimbursement of Master Key Costs 1 If as a result of a direct physical loss or damage to a master or grand master key by a Covered Cause of Loss you may extend the insurance CPT3370217 | 2 |
COMMERCIAL PROPERTY b The value of fine arts will be as described in section E. 6. g. Loss Conditions Valuation of the Building and Personal Property Coverage Form. The most we will pay for loss or damage in any one occurrence under this Extension is 50000. If there is other insurance in this or any other policy covering the same loss or damage we will pay only for the amount of covered loss or damage in excess over the amount due from that other insurance. Extra Expense 1 We will pay your actual reasonable and necessary Extra Expense you sustain due to direct physical loss or damage to property at a premises described in the Declarations caused by or resulting from a Covered Cause of Loss. Extra Expense means reasonable and necessary expenses you incur during the period of restoration that you would not have incurred if there had been no direct physical loss or damage to property To avoid or minimize the suspension of business and to continue operations i At the described premises or ii At replacement premises or at temporary locations including A Relocation expenses and B Costs to equip and operate the replacement or temporary locations b To minimize the suspension of business if you can not continue operations or c i To repair or replace any property or i To research replace or restore the lost information on damaged Valuable Papers and Records provided by this Coverage Form to apply to the actual cost of new keys including the cost of adjusting locks to accept them or if necessary new locks including the cost of installation. 2 Exclusion B.2.h. found in the Causes of Loss Special Form dealing with dishonesty and fraudulent acts does not apply to this Coverage Extension as respects your employees and agents. Limitations C.1.e. and C.1.f. found in the Causes of Loss Special Form do not apply to this Coverage Extension. 3 The most we will reimburse you under this Coverage Extension is 5000 in any one occurrence and 15000 in total for all occurrences in any one policy year. Personal Property If a Limit of Insurance is shown in the Declarations for Building we will also pay for direct physical loss of or damage to any one or more of the following types of personal property as found in the Building and Personal Property Coverage Form by a Covered Cause of Loss. 1 Your Business Personal Property as described in section A.1.b. 2 Personal Property of Others as de scribed in section A.1.c. 3 Personal Effects owned by you your officers your partners or your employees as described in section A5.b. 4 Valuable Papers and Records Cost of Research as described in section A.5.c.and 5 Fine arts a Fine arts meaning Paintings etchings pictures tapestries art glass windows valuable rugs statuary marbles bronzes antique silver manuscripts porcelains rare glass bric a brac and similar property of rarity historical value or artistic merit. CPT3370217 Page 5 of 6 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY b Period of Restoration means the period of time that i ii Begins with the date of direct physical loss or damage caused by or resulting from a Covered Cause of Loss at the described premises and Ends on the date when the property at the described premises should be repaired rebuilt or replaced with reasonable speed and similar quality. to the extent it reduces the amount of loss that otherwise would have been payable under this coverage. 2 Special Exclusions 4.a1 4.a.3 3 4 4.a.4 and 4.a.5 of the Causes of Loss Special Form apply to this Coverage Extension. The most we will pay in any one occurrence under this Extension is 25000. The following Definitions are added as respects this Coverage Extension a Operations means your business activities occurring at the described premises. CPT3370217 Page 6 of 6 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROPERTY EXTRA This endorsement modifies insurance under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM CAUSES OF LOSS SPECIAL FORM A. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is revised as follows 1. The coverages contained in Section A.4. Additional Coverages are revised as follows a. Increased Cost of Construction or Repair Increased Limit The Limit of Insurance that applies to the Increased Cost of Construction or Repair Additional Coverage is increased to 25000. b. Fire Protective Equipment Discharge Increased Limit The Limit of Insurance that applies to the Fire Protective Equipment Discharge Additional Coverage is increased to 10000. The following coverage is added under Section A.4. Additional Coverages Brands and Labels If branded or labeled merchandise that is Covered Property is damaged by a Covered Cause of Loss we may take all or part of the property at an agreed or appraised value. If we do you may 1 Stamp the word Salvage on the merchandise or its containers if the stamp will not physically damage the merchandise or Remove the brands or labels if doing so will not physically damage the merchandise. You must relabel the merchandise or its containers to comply with the law. We will pay the reasonable costs you incur to do so. But the total we pay for these costs and the value of the damaged property will not exceed the applicable Limit of Insurance on such property. 3. The coverages contained in Section A.5. Coverage Extensions are revised as follows Personal Effects and Property of Others Increased Limit The Limit of Insurance that applies to the Personal Effects and Property of Others Coverage Extension is increased to 25000 at each described premises. The per employee sub limit that applies to personal property other than personal effects Fine Arts Electronic Data Processing Equipment or Electroni Data Processing Data and Media owned by your employees is increased to 5000. Valuable Papers and Records Cost of Research Increased Limit The Limit of Insurance that applies to the Valuable Papers and Records Cost of Research Coverage Extension s increased to 50000. Property Off Premises Increased Limit The Limits of Insurance that apply to the Property Off Premises Coverage Extension are revised as follows 1 The Limit of Insurance that applies while the property is at any installation premises or temporary storage premises while awaiting installation is increased to 25000 and 2 The Limit of Insurance that applies while the property is away from the described premises at any other location provided for in the Coverage Extension is increased to 50000. CPT3380217 Page 1 of 5 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY Claim Data Expense Increased Limit The Limit of Insurance that applies to the Claim Data Expense Coverage Extension is increased to 5000. Extra Expense Including Expediting Expenses Increased Limit The Limit of Insurance that applies to the Extra Expense Including Expediting Expenses Coverage Extension is increased to 5000. Accounts Receivable Increased Limit The Limit of Insurance that applies to the Accounts Receivable Coverage Extension is increased to 50000. Covered Property In Transit Increased Limit The Limit of Insurance that applies to the Covered Property In Transit Coverage Extension is increased to 25000. Duplicate Electronic Data Processing Data and Media Increased Limit The Limit of Insurance that applies to the Duplicate Electronic Data Processing Data and Media Coverage Extension is increased to 25000. The following coverages are added to Section A.5. Coverage Extensions. The Additional Condition Coinsurance does not apply to these Additional Coverage Extensions. Appurtenant Buildings and Structures 1 At the described premises where Building coverage applies a You may extend the insurance that applies to Buildings to apply to direct physical loss or damage by a Covered Cause of Loss to incidental appurtenant buildings or structures which are at the described premises but not specifically described in the Declarations and You may extend the insurance that applies to Your Business Personal Property Personal Property of Others Electronic Data Processing Equipment and Electronic Data Processing Data and Media if any to apply to direct physical loss or damage by a Covered Cause of Loss to such property located within incidental b appurtenant buildings or structures which are at the described premises but not specifically described in the Declarations. 2 Incidental appurtenant buildings or structures include but are not limited to storage buildings garages pump houses above ground tanks and outdoor swimming pools. But incidental appurtenant buildings or structures does not include a Outside signs whether or not attached to buildings b Any property to which the Outdoor Property Coverage Extension applies or c Any property excluded under Section A.2. Property Not Covered. 3 The most we will pay for loss or damage in any one occurrence under this Extension is 25000. This is additional insurance. Fine Arts 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 Fine Arts 1 Owned by you your officers your partners your managers or your employees or 2 Owned by others in your care custody or control while at or within 1000 feet of the described premises. The exclusion of loss to fragile articles under Limitation C.2.b. in the Causes of Loss Special Form does not apply to this Extension. The most we will pay for loss or damage in any one occurrence under this Coverage Extension is 50000 at each described premises. Money and Securities 1 You may extend the insurance that applies to Your Business Personal Property to apply to loss of money and securities owned by you while CPT3380217 Page 2 of 5 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 3 a At the described premises or the premises of a bank or savings institution or b At any other location or in transit in the custody of a messenger caused by theft disappearance or destruction. The most we will pay for loss in any one occurrence under this Coverage Extension is a 10000 at each described premises b 10000 within a bank or savings institution or c 5000 while at any other location or in transit in the custody of a messenger. Under this Extension all loss caused by one or more persons or involving a single act or a series of related acts will be considered a single occurrence. This is additional insurance. Exclusions B.1.b. Earth Movement and B.l.g. Water and Limitation C.1.e Property that is missing of the Causes of Loss Special Form do not apply to this Coverage Extension. All other exclusions apply to this Extension. In addition we will not pay for loss under this Extension caused by or resulting from a Accounting or arithmetical errors or omissions b The giving or surrendering of the property in any exchange or purchase the transfer or surrender of the property to a person or place outside the described premises or the premises of a banking or savings institution or any other voluntary parting with possession of or title to the property or c Loss of money contained in any money operated device unless the amount of money deposited in it is recorded by a continuous recording instrument. 4 The following Definitions are added as respects this Coverage Extension a Messenger means you any of your partners or any employee while having care and custody of property away from the de scribed premises. b Money means i. Currency coins and bank notes in current use and having aface value and ii. Travelers checks register checks and money orders held for sale to the public. Securities means negotiable and non negotiable instruments or contracts representing either money or other property and includes i. Tokens tickets revenue and other stamps whether represented by actual stamps or unused value in a meter in current use and ii. Evidences of debt issued in connection with credit or charge cards which cards are not issued by you c but does not include money or Lottery tickets held for sale. d. Sewer or Drain Back Up 1 You may extend the insurance that applies to Covered Property to apply to direct physical loss of or damage to that Covered Property caused by or resulting from Sewer or Drain Back Up meaning water or sewage that backs up from a sewer or drain within a building at the described premises. 2 With respect only to insurance provided under this Coverage Extension the exclusion of water or sewage that backs up from a sewer or drain under item 3 of exclusion B.1.g. Water in the Causes of Loss Special Form does not apply. But we will not pay for loss or damage caused by or resulting from a The emanation of water or sewage from a sump sump pump or related equipment designed to prevent overflow or seepage or leakage of subsurface water or. All rights reserved. Page 3 of 5 Office Inc. with its permission. CPT3380217 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY b The emanation of water or 1 If a Covered Cz sewage from a sewer or drain property at the that is itself directly or indirectly you may ext caused by or the result of Income and coverages if applicable to tt include the ar necessary loss increased peric i Flood surface water waves including tidal wave and tsunami tides tidal water overflow of any body of water or spray from any of operations cz these all whether driven by from the e wind including storm surge compliance witt or not that if Mudslide or mudflow a Regulates t iiiy Water or sewage that or replacerr overflows or is otherwise b Requires t discharged from a sewer replacemen drain sump sump pump or property n related equipment or Covered Ce iv The pressure flowing or c Isinforce a seepage of water under the 2 This Extension ground surface. increased per 3 The most we will pay for loss or required with damage in any one occurrence under reconstruct re this Coverage Extension is 50000. property to com This limit is part of and not in fequiremants o addition to the Limit of Insurance that s Extension applies to the lost or damaged a Any loss dt Covered Property. law that B. When either the BUSINESS INCOME AND i You we EXTRA EXPENSE COVERAGE FORM or with be BUSINESS INCOME WITHOUT EXTRA building EXPENSE COVERAGE FORM is attached to and this policy the coverage is revised as follows i You fail 1. The coverage contained in Section A.3. b Costs as Additional Coverages is revised as follows enforcemer Extended Business Income Revised with any o Number of Days requires an test for Under the Additional Coverage Extended remove co Business Income 60 consecutive days is neuralize revised to 90 consecutive days. to or as 2. The coverage contained in Section A4 pollutants CoYerage Extensions is revised as foll.ows 3 The most we u Claim Data Expense Increased Limit one occurrence The Limit of Insurance that applies to the S 25000. Claim Data Expense Coverage Extension is Insurance. increased to 5000. b. Business Income 3. The following coverages are added to Section Property A.4. Coverage Extensions 1 You may ex a. Ordinance or Law Increased Period Income covera of Restoration actual loss of Page 4 of 5 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 1 If a Covered Cause of Loss occurs to property at the described premises you may extend your Business Income and Extra Expense coverages if the coverage is applicable to this Coverage Part to include the amount of actual and necessary loss you sustain during the increased period of suspension of operations caused by or resulting from the enforcement of or compliance with any ordinance or law that a Regulates the construction repair or replacement of any property b Requires the tearing down or replacement of any parts of property not damaged by a Covered Cause of Loss and c Is in force at the time of loss. 2 This Extension applies only to the increased period that would be required with reasonable speed to reconstruct repair or replace the property to comply with the minimum requirements of the ordinance or law. This Extension does not apply to a Any loss due to any ordinance or law that i You were required to comply with before loss even if the building was undamaged and ii You failed to comply with. b Costs associated with the enforcement of or compliance with any ordinance or law that 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. 3 The most we will pay for loss in any one occurrence under this Extension is 25000. This is additional insurance. b. Business Income From Dependent Property 1 You may extend your Business Income coverage to apply to your actual loss of Business Income you. All rights reserved. CPT3380217 Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY 4 With respect to the insurance 5 provided under this Extension the following changes apply to the Business Income Coverage Forms a The Resumption of Operations provision in Section D. LOSS CONDITIONS is replaced by the following We will reduce the amount of your Business Income loss to the extent you can resume your operations in whole or in part by using any other source of materials or outlet for your products. If Extra Expense Coverage applies we will reduce the amount of your Extra Expense loss to the extent you can return operations to normal and discontinue such Extra Expense. b Under the Period of Restoration definion in Secton G. DEFINITIONS the phrase at the described premises where used is replaced by at the premises of the Dependent Property. The most we will pay in any one occurrence under this Extension regardless of the number of Dependent Properties involved is 5000. This is additional insurance. 3 sustain due to the suspension of your operations during the period of restoration. If Extra Expense coverage applies we will also pay for the reasonable and necessary Extra Expense you incur during the period of restoration. The suspension and the Extra Expense must be caused by direct physical loss or damage by a Covered Cause of Loss to property at the premises of a Dependent Property. Dependent Property means property operated by others whom you depend on to a Deliver materials or services other than water power wastewater removal or communication supply services to you or to others for your account b Accept your products or services c Manufacture products for delivery to your customers under contract of sale or d Atrract customers to your business. This Extension applies to Dependent Property premises located within the Coverage Territory of this Coverage Part. But this Extension does not apply when you have more specific insurance under this Coverage Part or any other policy. CPT3380217 Page 5 of 5 2017 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse In sured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any 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 to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or 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 Gov ernment by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a percentage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as de fined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. In no event however will the Federal Government be required to pay any portion of the amount of such In sured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provid ed that such Insurer has met its Insurer Deductible. Therefore if such Insured Losses occurring in a cal endar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. The charge for such Insured Losses under this Cov erage Part is included in the Coverage Part premium. The charge for such Insured Losses that has been included for this Coverage Part is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Gov ernment under TRIA 7 of your total Commercial Property Coverage Part premium if your primary location is in a Des ignated City as listed below. 3 of your total Commercial Property Coverage Part premium if your primary location is not in a Designated City as listed below. CPT3810115 Page 1 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY Designated Cities are Albuquerque NM El Paso TX Miami FL San Diego CA Atlanta GA Fort Worth TX Milwaukee W1 San Antonio TX Austin TX Fresno CA Minneapolis MN San Francisco CA Baltimore MD Honolulu HI Nashville Davidson TN San Jose CA Boston MA Houston TX New Orleans LA Seattle WA Charlotte NC Indianapolis IN New York NY St. Louis MO Chicago IL Jacksonville FL Oakland CA Tucson AZ Cleveland OH Kansas City MO Oklahoma City OK Tulsa OK Colorado Springs CO Las Vegas NV Omaha NE Virginia Beach VA Columbus OH Long Beach CA Philadelphia PA Washington DC Dallas TX Los Angeles CA Phoenix AZ Wichita KS Denver CO Memphis TN Portland OR Detroit Ml Mesa AZ Sacramento CA CPT3810115 Page 2 of 2 2015 TheTravelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES This endorsement modifies insurance provided under the following A. COMMERCIAL PROPERTY COVERAGE PART If partial loss loss or damage to Covered Property is caused by or results from fire Para graph a. of the Loss Payment Loss Condition is replaced by the following LOSS PAYMENT In the event of partial loss loss or damage caused by or resulting from fire and covered by this Coverage Part at your option we will either 1. Pay you an amount of money equal to the damage done or 2. Repair the damage so that the property is in as good a condition as before the fire. But we will not pay more than the Limit of Insur ance. The following provision replaces 1. Any paragraph c. of the Loss Payment Loss Condition in the Commercial Property Cover age Part 2. The second paragraph of Additional Condition H.2 Conditions Applicable To Coverage B Property Owned Or Held In Trust in the Mortgageholder s Errors And Omissions Cov erage Form In the event of loss loss or damage covered under this Coverage Part we will give you notice within 15 working days after we receive a properly executed proof of loss that we a. Accept your claim b. Deny your claim or c. Need more time to determine whether your claim should be accepted or denied. If we deny your claim such notice will be in writ ing and will state any policy provision condition or exclusion used as a basis for the denial. If we need more time to determine whether your claim should be accepted or denied the written notice will state the reasons why more time is needed. If we have not completed our investigation we will notify you again in writing within 45 days after the date the initial notice is sent informing you that we need more time to determine whether your there state claim. Excey Loss APPF If we erty make loss comp other the w praise agree your by a count which praise prope agree umpir 30 da subm agree Each 1. P 2. B ul If ther to der. The A 1. B 2. B is rep APPF If we come your claim should be accepted or denied and thereafter every 45 days. The written notice shall state why more time is needed to investigate your claim. Except as provided in D. below the Appraisal Loss Condition is replaced by the following APPRAISAL If we and you disagree on the value of the prop erty or the amount of loss loss either may make written demand for an appraisal of the loss loss. In this event each party will select a competent and impartial appraiser and notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two ap praisers will select an umpire. If they can not agree upon an umpire within 15 days then upon your or our request an umpire shall be selected by a judge of a court of record in the state and county or city if the city is not within a county in which the property covered is located. The ap praisers will state separately the value of the property and amount of loss loss. If they fail to agree they will submit their differences to the umpire. The umpire shall make an award within 30 days after the umpire receives the appraisers submissions of their differences. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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.. The Appraisal Condition in 1. Business Income And Extra Expense Cov erage Form CP T1 04 and 2. Business Income Without Extra Expense Coverage Form CP T1 09 is replaced by the following APPRAISAL If we and you disagree on the amount of Net In come and operating expense or the amount of CPT9411113 Page 10of 3 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY The Act contains various exclusions condi tions and limitations that govern a claimant s eligibility to collect payment from the Associa tion and affect the amount of any payment. The following limitations apply subject to all other provisions of the Act a. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its af filiates as calculated on a consolidated basis. b. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the ap plicable limit of insurance of the pol icy from which a claim arises or 2 Return to an insured any unearned premium in excess of 25000. These limitations have no effect on the cov erage we will provide under this policy. H. For the Commercial Property Coverage Part the following exclusion and related provisions are added to Paragraph B.2. Exclusions in the Causes Of Loss Forms and to any Coverage Form or policy to which a Causes Of Loss Form is not attached 1. We will not pay for loss or damage arising out of any act an insured commits or conspires to commit with the intent to cause a loss. In the event of such loss no insured is enti tled to coverage even insureds who did not commit or conspire to commit the act causing the loss. However this exclusion will not apply to deny coverage to an innocent co insured who did not cooperate in or contribute to the creation of the loss provided the loss is otherwise covered under this Coverage Part and the loss arose out of domestic violence. Such coverage will be provided only if the innocent loss either may make written demand for an ap praisal of the loss. In this event each party will select a competent and impartial appraiser and notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two appraisers will select an umpire. If they can not agree upon an umpire within 15 days then upon your or our request an umpire shall be selected by a judge of a court of record in the state and county or city if the city is not within a county in which the property covered is located. The ap praisers will state separately the amount of Net Income and operating expense or the amount of loss. If they fail to agree they will submit their dif ferences to the umpire. The umpire shall make an award within 30 days after the umpire receives the appraisers submissions of their differences. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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. The Legal Action Against Us Condition is re placed by the following 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 10 years after the date on which the direct physical loss loss or damage occurred. Paragraph E. above does not apply to the 1. Legal Action Against Us Loss Condition in the Legal Liability Coverage Form or 2. Legal Action Against Us Condition applica ble to Coverages C and D in the Mortgage holders Errors And Omission Coverage Form.. Missouri Property And Casualty Insurance Guaranty Association Coverage Limitations 1. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the As sociation will pay claims covered under the Act if we become insolvent. CPT9411113 Page 2 of 3 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY co insured files a police report and completes a sworn affidavit indicating both a. The cause of the loss and b. A pledge to cooperate in any criminal prosecution of the person committing the act causing the loss. 3. If we pay a claim pursuant to Paragraph H.2. our payment to the innocent co insured will be limited to that insured s ownership interest in the property as reduced by any payment to a mortgagee or other secured interest how ever we shall not be required to make any subsequent payment for any loss for which the innocent co insured has received pay ment. In no event will we pay more than the Limit of Insurance. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Loss Condi tion If we pay an innocent coinsured for loss loss arising out of an act of domestic violence by an other insured the rights of the innocent co in sured to recover damages from the abuser are transferred to us to the extent of our payment. Following the loss loss the innocent co insured may not waive such rights to recover against the abuser. The following is added with respect to the Addi tional Coverages of Debris Removal and Pollutant Clean Up And Removal and the Outdoor Property Coverage extension and relates only to the re quirement to report expenses to us within 180 days of the specified occurrence If you fail to report the expenses to us within the 180 day timeframe such failure will not invalidate a claim under Debris Removal or Pollutant Clean Up And Removal unless such failure operates to prejudice our rights. When the Replacement Cost Optional Coverage in the Commercial Property Coverage Part ap plies the following is added with respect to these provisions and relates only to the requirement to notify us of your intent to submit an additional claim for the difference between the actual cash value and replacement cost within 180 days after the loss or damage occurs If you fail to notify us of your intent within the 180 day timeframe such failure will not invalidate the claim unless such failure operates to prejudice our rights. The Transfer Of Your Rights And Duties Under This Policy Common Policy Condition is re placed by the following 1. Transfer By Beneficiary Deed If you convey real property insured under this policy to a person known as a grantee bene ficiary designated under a beneficiary deed which has been properly recorded prior to your death that person will have your rights and duties with respect to the insured real property but only for the period from the date of your death until the first of the following oc curs a. A period of 30 days from the date of your death b. The date that alternative coverage is ob tained on your property or c. The end of the policy period as shown in the Declarations. 2. Transfer By Other Means Following Death 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 repre sentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. CPT9411113 Page 30f 3 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CALCULATION OF ADDITIONAL PREMIUM This endorsement modifies insurance provided under the following A. COMMERCIAL PROPERTY COVERAGE PART STANDARD PROPERTY POLICY If changes are made to this policy after the beginning of the current policy period and such changes require an additional premium the addi tional premium will be pro rated to recognize the actual period of coverage. Changes To A Covered Location If changes are made to a location that was covered at the beginning of the current policy pe riod and those changes require additional pre mium e.g. an increase in the limit of insurance we will calculate the additional premium using the rates and rules which were in effect on the effec tive date of the current policy period. Additional Locations 1. If alocations is added to the policy after the beginning of the current policy period we will was perioc calculate the premium for that locations in cluding all coverages options and causes of loss at that locations using the rates and rules which are in effect when the locations is added. 2. If changes are subsequently made to a loca tions described in C.1. above and those changes require additional premium we will calculate the additional premium using the rates and rules which were in effect when the locations was added.. Any additional premium calculated in accordance with this endorsement will be charged in full whether or not we applied a policywriting mini mum premium in developing the premium that was charged at the beginning of the current policy period. CP 012807 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 | 2 |
GENERAL LIABILITY | 2 |
GENERAL LIABILITY | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. Y660 0N157109 TIL20 COVERAGE PART DECLARATIONS ISSUE DATE 12 27 19 INSURING COMPANY TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA DECLARATIONS PERIOD From 01 01 20 to 01 01 21 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 300000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 2000000 w v n n v 2000000 1000000 1000000 300000 5000 2. AUDIT PERIOD NONE 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT Page 1 of 1 OFFICE KANSAS CITY 095 CGT0011103 PRODUCER LOCKTON COMPANIES LLC CFY37 | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER Y660 0N157109 TIL20 This Schedule applies to the Declarations for the period of 01 01 20 to 01 01 21 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS PREM OPS 223 LOB 250 I A 223 250 2 2 CONDOMINIUMS RESIDENTIAL ASSOCIATION RISK ONLY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 62003 PREM OPS U 9 34.659 312 6 6 CLUBS CIVIC SERVICE OR SOCIAL HAVING BUILDINGS OR PREMISES OWNED OR LEASED NOT FOR PROFIT ONLY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 41668 PREM OPS A 12900 255.449 3295 7 7 SWIMMING POOLS PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 48925 PREM OPS 1 770.736 771 T EACH SWIMMING POOL COVERAGE PART TOTAL 4378 nan nan nan nan 1.0 nan nan nan nan 2.0 nan nan nan nan 3.0 4378 This class is subject to the prem ops transition program. j If an X is entered in this box these Declarations are completed on the Premium Schedule Extension CG TO 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense P Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CGT008 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGT1000219 SECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions........... Coverage B Personal and Advertising Insuring Agreement. Injury Liability Exclusions........... Coverage C Medical Payments Insuring Agreement Exclusions........... Supplementary Payments SECTION Il WHO IS AN INSURED SECTION lll LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit. Legal Action Against Us. Other Insurance. Premium Audit Representations Separation Of Insureds Transfer Of Rights Of Recovery Agalnst Others To Us When We Do Not Renew.. SECTION V DEFINITIONS TABLE OF CONTENTS va 11UV Ve 19 S ECTION COVERAGES Beginning on Page Coverage A Bodily Injury and Property Insuring Agreement... Damage Liability Exclusions..... Coverage B Personal and Advertising Insuring Agreement... Injury Liability Exclusions Coverage C Medical Payments Insuring Agreement... Exclusions. Supplementary Payments SECTION Il WHO IS AN INSURED Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us. Other Insurance Premium Audit... Representations Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS... Beginning on Page Coverage A Bodily Injury and Property Damage Liability Coverage B Personal and Advertising Injury Liability Coverage C Medical Payments Insuring Agreement Exclusions.. Insuring Agreement Exclusions.. Insuring Agreement CGT0340219 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Various provisionsin this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to bodily injury and property damage only if CGT1000219 Page 1 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
COMMERCIAL GENERAL LIABILITY 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. C. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property damage provided that a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attomeys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or CGT1000219 Page2of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY b c d is used to heat cool or dehumidify the building or produced by or originating from equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste If such pollutants are or were at any time transported handled stored treated disposed of or processed as waste by or for i Anyinsured or i Any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostie fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are or were at any time performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or CGT1000219 Page 3 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY b Claim or suit by or on behalf of any governmental authority or any other person or organization 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. g Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supension hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a 50 feet long or less and b Not being used to carry any person or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify as mobile equipment under the definition of mobile equipment if such land vehicle were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f3 of the definition of mobile equipment or 6 An aircraft that is a Chartered with a pilot to any insured b Not owned by any insured and c Not being used to carry any person or property for a charge. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured CGT1000219 Page4 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Section lll Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of persona and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the bodily injury or property damage is caused or contributed to by the hazardous properties of asbestos. CGT1000219 Page 5 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Bodily injury or property damage arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal irritant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any bodily injury or property damage described in Paragraph 1 above. 3 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 asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that employment or c Employment related practice policy act or omission such as coercion person s demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time 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 Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the bodily injury. Exclusions c. through n. do not apply to premises damage. A separate limit of insurance applies to premises damage as described in Paragraph 6. of Sectionlll Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Hl Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CGT1000219 Page6 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY This exclusion does not apply to personal injury caused by malicious prosecution. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Or Used Prior To Policy Period 1 Personal and advertising injury arising out of oral or written publication including publication by electronic means of material whose first publication took place before the beginning of the policy period or 2 Advertising injury arising out of infringement of copyright title or slogan in your adverisement whose first infringement in your advertisement was committed before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of personal injury assumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that a Liability to such party for or for the cost of that party s defense has also been assumed by you in the same insured contract and b Such attomeys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Breach Of Contract Advertising injury arising out of a breach of contract. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Intellectual Property Personal and advertising injury arising out of any actual or alleged infringement or violation of any of the following rights or laws or any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or violation of another s copyright title or slogan in your advertisement or 2 Any other personal and advertising injury alleged in any claim or suit that also alleges any such infringement or violation of another s copyright title or slogan in your advertisement. Insureds In Media And Intemnet Type Businesses Personal and advertising injury caused by an offense committed by an insured whose business is 1 Advertising broadcastingor publishing CGT1000219 Page 7 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspondence written in the conduct of your business bulletins financial or annual reports or newsletters about your goods products or senices will not be considered the business of publishing and 2 The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publishing. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts or owns or ower which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Clam or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or 0. neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Unsolicited Communication Personal and advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. Asbestos 1 Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbestos asbestos fibers or products containing asbestos provided that the personal and advertising injury is caused or contributed to by the hazardous properties of asbestos. Personal and advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of any solid liquid gaseous or thermal imitant or contaminant including smoke vapors soot fumes acids alkalis chemicals and waste and that are part of any claim or suit which also alleges any personal and advertising injury described in Paragraph 1 above. 3 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 CGT1000219 Page8 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY assess the effects of asbestos asbestos fibers or products containing asbestos or b Claim or suit by or on behalf of any governmental authority or any other person or organization because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos asbestos fibers or products containing asbestos. s. Employment Related Practices Personal injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice policy act or omission such as coercion demotion evaluation reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or imprisonment applied to or directed at that person regardless of whether such practice policy act or omission occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the personal injury. 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accidentand c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To aperson injured while practicing instructing COVERAGE C MEDICAL PAYMENTS or participating in any physical exercises or 1. Insuring Agreement games sports or athletic contests. a. We will pay medical expenses as described f. Products Completed Operations Hazard below for bodily injury caused by an accident Included within the products completed 1 On premises you own or rent operations hazard. 2 On ways next to premises you own or rent g. Coverage A Exclusions or Excludedunder Coverage A. CGT1000219 Page 9 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY SUPPLEMENTARY PAYMENTS 1. We will pay with respect to any clam we investigate or settle or any suit against an insured we defend a. All expenses weincur. b. Up to 2500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work.. 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. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Cowverages Coverage A Bodily Injury And Property Damage Liability or Paragraph 2.e. of Section Coverages Coverage B Personal And Advertising Injury Liability such payments will not be deemed to be damages for bodily injury property damage or personal injury and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when CGT1000219 Page 10 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY b. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. b. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a conseguence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 or b above or d Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services Paragraphs 1 b c and d above do not apply to bodily injury arising out of providing or failing to provide first aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or wolunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. CGT1000219 Page 11 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. e. Any person or organization that with your express or implied consent either uses or is responsible for the use of a watercraft that you do not own that is 1 50 feet long or less and 2 Not being used to carry any person or property for a charge. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Cowerage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Cowerage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. An organization other than a partnership joint venture or limited liability company or b. Atrust as indicated in its name or the documents that govern its structure. Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following provisions a. The limits of insurance provided to such premises owner manager or lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after you ceaseto be a tenant in that premises or 2 Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. Any person or organization that is an equipment lessor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal and advertising injury caused by an offense that is committed after the equipment lease expires. No person or organization is an insured with respect to the conduct of any current or past partnership joint CGT1000219 Page 12 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section Il Who Is An Insured. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or C. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal injury and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide first aid or Good Samaritan services to any one person will be deemed to be one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of premises damage to any one premises. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limit in the Declarations of this Coverage Part. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occumence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occumrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit WSV A e Ve L e W number of e or suits brought or Ll organizations making claims or most we will pay ge C xcept damages operty damage leted operations ons Aggregate Caoveraae A for CGT1000219 Page 13 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or offense must be given as soon as practicable only after the occumrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an occurrence or offense. 2 If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Anyindividual whois A patner or member of any partnership or joint venture i A manager of any limited liability company i An executive officer or director of any other organization or iv A trustee of any trust that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an occurrence or offense. 3 Notice to us of such occurrence or offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons described in Paragraph e.1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this policy includes an endorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a requirement that the discharge release or escape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into asuit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Cowverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CGT1000219 Page 14 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company i Us or any of our affiliated insurance companies except when the Non cumulation of Each Occurrence Limit provision of Paragraph 5. of Section Il Limits Of Insurance or the Non cumulation of Personal and Advertising Injury Limit provision of Paragraph 4. of Section Ill Limits of Insurance applies because the Amendment Non Cumulation Of Each Occurrence Limit Of Liability And Non Cumulation Of Personal And Advertising Injury Limit endorsement is included in this policy iiii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cowerage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below except when Paragraph d. below applies. b. Excess Insurance 1 This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work 3 4 i That is insurance for premises damage iii If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to any exclusion in this Cowverage Part that applies to aircraft autos or watercraft iv That is insurance available to a premises owner manager or lessor that qualifies as an insured under Paragraph 4. of Section Il Who Is An Insured except when Paragraph d. below applies or That is insurance available to an equipment lessor that qualifies as an insured under Paragraph 5. of Section Il Who Is An Insured except when Paragraph d. below applies. b Any of the other insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is an additional insured or is any other insured that does not qualify as a named insured under such other insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. v We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. CGT1000219 Page 15 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. d. Primary And Non Contributory Insurance If Required By Written Contract If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance that is available to such insured which covers such insured as a named insured and we will not share with that other insurance provided that 1 The bodily injury or property damage for which coverage is sought occurs and 2 The personal and advertising injury for which coverage is sought is caused by an offense that is committed subsequent to the signing of that contract or agreement by you. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Cowerage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based representations you made to us and. We hawve issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Cowverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. upon SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. S SOt Ocedlrs ald and advertising injury for is sought is caused by an mmitted igning of that contract or CGT1000219 Page 16 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY Advertising injury a. Means injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by aperson or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged 2 Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Auto means a. A land motor wvehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land wvehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. does not include mobile However auto equipment. Bodily injury means a. Physical harm including sickness or disease sustained by a person or b. Mental anguish injury or illness or emotional distress resulting at any time from such physical harm sickness or disease. Broadcasting means transmitting any audio or visual material for any purpose a. Byradio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instructional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or C. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or ina settlement we agree to. 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. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. ed written publication including on by electronic means of material advertisement that ropriates a person s name voice ograph or likeness or sasonably places a person in a light or nent of copyright title or slogan advertisement provided that the made or the suit is brought by a or organization that claims ip of such copyright title or dily injury caused by one or more ses described in Paragraph a. tor vehicle trailer or semitrailer travel on public roads including machinery or equipment or and vehicle that is subject to a or financial responsibility law. or a T te C b. Ir in o in c. A d 1 2 3 provic dama the te epttler s not include mobile uding sickness or disease n or CGT1000219 Page 17 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 10. 1. 12 13. Good Samaritan senvices means any emergency medical senvices for which no compensation is demanded or received. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for premises damage is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demoliton operations within 50 feet of any railroad property and affecting any railroad bridge or trestle 14. 15. 16. tracks roadbeds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services including those listed Paragraph 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 3 Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land wvehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads CGT1000219 Page 18 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land wvehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. 17. Occurrence means a. An accident including continuous or repeated exposure to substantialy the same general harmful conditions or b. An act or omission committed in providing or failing to provide first aid or Good Samaritan senvices to a person unless you are in the business or occupation of providing professional health care services. 18. Personal and advertising injury means personal injury or advertising injury. 19. Personal injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or 4 6 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 20. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. y Wey Roe and are vility to of the erators building lighting used to. b c. urposes S0Ns or ith the ttached but will not devices chassis and erators building lighting ude any sory or vehicle incipally sidered 4 It CGT1000219 Page 19 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 21. Premises damage means a. With respect to the first paragraph of the exceptions in Exclusion j. of Section I Cowerage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of seven or fewer consecutive days including the contents of such premises or With respect to the exception to Exclusions C. through n. in the last paragraph of Paragraph 2. of Section Coverage A Bodily Injury And Property Damage Liability property damage to any premises while rented to you for a period of more than seven consecutive days or while temporarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from fire explosion or lightning or 5 Water. But premises damage under this Paragraph b. does not include property damage to any premises caused by 1 Rupture bursting or operation of pressure relief devices 2 Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from water or 3 Explosion of steam boilers steam pipes steam engines or steam turbines. 22. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your b. contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 23. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 24. Slogan a. b. Means a phrase that others use for the purpose of attracting attention in their advertising. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. CGT1000219 Page 20 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY 25. 26. 27. 28. 29. 30. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Title means a name of a literary or artistic work. Unsolicited communication means any communication in any form that the recipient of such communication did not specifically request to receive. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than rea property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CGT1000219 Page 21 of 21 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONDOMINIUM UNIT OWNERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED Section Il is amended to include as an insured each individual unit owner of the insured condominium but only with respect to liability arising out of the ownership maintenance or repair of that portion of the premises which is not reserved for that unit owner s exclusive use or occupancy. CG 20041185 Copyright Insurance Services Office Inc. 1984 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CLUB MEMBERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Section Il WHO IS AN INSURED is changed to include your members but only for acts within the scope of their membership for you or while performing duties related to the conduct of your business. 2. Coverage C MEDICAL PAYMENTS EXCLUSION 2.a. does not apply to your members as described in Item 1. above. CG D159 07 04 Copyright The Travelers Indemnity Company 2004 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR MANUFACTURERS AND WHOLESALERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A B. WhoIs An Insured Unnamed Subsidiaries Who Is An Insured Employees And Volunteer Workers Bodily Injury To Co Employees And Co Volunteer Workers Who Is An Insured Newly Acquired Or Formed Limited Liability Companies Blanket Additional Insured Broad Form Vendors Blanket Additional Insured Controlling Interest Blanket Additional Insured Mortgagees Assignees Successors Or Receivers Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Premises H. Erxe Blanket Additional Insured Governmental Entities Permits Or Authorizations Relating To Operations Blanket Additional Franchises Insured Grantors Of Incidental Medical Malpractice Medical Payments Increased Limit Blanket Waiver Of Subrogation Contractual Liability Railroads PROVISIONS A. WHO IS AN INSURED UNNAMED SUBSIDIARIES The following is added to SECTION Il WHO IS AN INSURED Any of your subsidiaries other than a partnership or joint venture that is not shown as a Named Insured in the Declarations is a Named Insured if a. You are the sole owner of or maintain an ownership interest of more than 50 in such subsidiary on the first day of the policy period and b. Such subsidiary is not an insured under similar other insurance. No such subsidiary is an insured for bodily injury or property damage that occurred or personal and advertising injury caused by an offense committed a. Before you maintained an ownership interest of more than 50 in such subsidiary or b. After the date if any during the policy period that you no longer maintain an ownership interest of more than 50 in such subsidiary. For purposes of Paragraph 1. of Section Il Who Is An Insured each such subsidiary will be deemed to be designated in the Declarations as a. Alimited liability company b. An organization other than a partnership joint venture or limited liability company or. Atrust as indicated in its name or the documents that govern its structure. CGD4580219 Page 1 of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY B. WHO IS AN INSURED EMPLOYEES AND VOLUNTEER WORKERS BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraphs 1a b and c above do not apply to bodily injury to a coemployee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. C. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED LIMITED LIABILITY COMPANIES The following replaces Paragraph 3. of SECTION I1 WHO IS AN INSURED 3. Any organization you newly acquire or form other than a partnership or joint venture and of which you are the sole owner or in which you maintain an ownership interest of more than 50 will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only 1 Until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier if you do not report such organization in writing to us within 180 days after you acquire or form it or 2 Until the end of the policy period when that date is later than 180 days after you acquire or form such organization if you report such organization in writing to us within 180 days after you acquire or form it b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. For the purposes of Paragraph 1. of Section Il Who Is An Insured each such organization will be deemed to be designated in the Declarations as a. A limited liability company b. An organization other than a partnership joint venture or limited liability company or c. Atrust as indicated in its name or the documents that govern its structure. D. BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury or property damage that a. Occurs subsequent to the signing of that contract or agreement and b. Arises out of your products that are distributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following provisions a. The limits of insurance provided to such vendor will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such vendor does not apply to 1 Any express warranty not authorized by you or any distribution or sale for a purpose not authorized by you 2 Any change in your products made by such vendor 3 Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container 4 Any failure to make such inspections adjustments tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business in connection with the distribution or sale of your products CGD4580219 Page2of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY 5 Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your products or 6 Your products that after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or on behalf of such vendor. Coverage under this provision does not apply to a. Any person or organization from whom you have acquired your products or any ingredient part or container entering into accompanying or containing such products or b. Any vendor for which coverage as an additional insured specifically is scheduled by endorsement. BLANKET ADDITIONAL INSURED CONTROLLING INTEREST 1. The following is added to SECTION Il WHO IS AN INSURED Any person or organization that has financial control of you is an insured with respect to liability for bodily injury property damage or personal and advertising injury that arises out of a. Such financial control or b. Such person s or organization s ownership maintenance or use of premises leased to or occupied by you. The insurance provided to such person or organization does not apply to structural alterations new construction or demolition operations performed by or on behalf of such person or organization. 2. The following is added to Paragraph 4. of SECTION Il WHO IS AN INSURED This paragraph does not apply to any premises owner manager or lessor that has financial control of you. BLANKET ADDITIONAL INSURED MORTGAGEES ASSIGNEES SUCCESSORS OR RECEIVERS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a mortgagee assignee successor or receiver and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to its ation installation servicing or rations except such operations i at such vendor s premises in n with the sale of your or ducts that after distribution or you have been labeled or or used as a container part or of any other thing or substance ehalf of such vendor. his provision does not apply to or organization from whom you ed your products or any art or container entering into g or containing such products for which coverage as an ured specifically is scheduled by ODITIONAL NTEREST is added to SECTION Il WHO ED r organization that has financial 1 is an insured with respect to odily injury property damage ind advertising injury that arises INSURED ncial control or person s or organization s b maintenance or use of leased to or occupied by you. e provided to such person or does not apply to structural ew construction or demolition rformed by or on behalf of such anization. is added to Paragraph 4. of WHO IS AN INSURED ph does not apply to any er manager or lessor that has ol of you. ODITIONAL INSURED ASSIGNEES SUCCESSORS dded to SECTION Il WHO IS ganization that is a mortgagee ssor or receiver and that you written contract or agreement to litional insured on this Coverage d but only with respect to its 2017 The Travelers Indemnity Company. All rights reserved. liability as mortgagee assignee successor or receiver for bodily injury property damage or personal and advertising injury that a. Is bodily injury or property damage that occurs or is personal and advertising injury caused by an offense that is committed subsequent to the signing of that contract or agreement and b. Arises out of the ownership maintenance or use of the premises for which that mortgagee assignee successor or receiver is required under that contract or agreement to be included as an additional insured on this Coverage Part. The insurance provided to such mortgagee assignee successor or receiver is subject to the following provisions a. The limits of insurance provided to such mortgagee assignee successor or receiver will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. b. The insurance provided to such person or organization does not apply to 1 Any bodily injury or property damage that occurs or any personal and advertising injury caused by an offense that is committed after such contract or agreement is no longer in effect or Any bodily injury property damage or personal and advertising injury arising out of any structural alterations new construction or demolition operations performed by or on behalf of such mortgagee assignee successor or receiver. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO PREMISES The following is added to SECTION Il WHO IS AN INSURED Any governmental entity that has issued a permit or authorization with respect to premises owned or occupied by or rented or loaned to you and that you are required by any ordinance law building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of the existence ownership use maintenance repair construction erection or removal of any of the following for which that governmental entity has Page 3of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission CGD4580219 | 2 |
COMMERCIAL GENERAL LIABILITY J. issued such permit or authorization advertising signs awnings canopies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults elevators street banners or decorations. BLANKET ADDITIONAL INSURED GOVERNMENTAL ENTITIES PERMITS OR AUTHORIZATIONS RELATING TO OPER ATIONS The following is added to SECTION Il WHO IS AN INSURED Any govemnmental entity that has issued a permit or authorization with respect to operations performed by you or on your behalf and that you are required by any ordinance law building code or written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of such operations. The insurance provided to such governmental entity does not apply to a. Any bodily injury property damage or personal and advertising injury arising out of operations performed for the governmental entity or b. Any bodily injury or property damage included in the products completed operations hazard. BLANKET ADDITIONAL INSURED GRANTORS OF FRANCHISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that grants a franchise to you is an insured but only with respect to liability for bodily injury property damage or personal and advertising injury arising out of your operations in the franchise granted by that person or organization. If a written contract or agreement exists between you and such additional insured the limits of insurance provided to such insured will be the minimum limits that you agreed to provide in the written contract or agreement or the limits shown in the Declarations whichever are less. INCIDENTAL MEDICAL MALPRACTICE 1. The following replaces Paragraph b. of the definition of occurrence in the DEFINITIONS Section b. An act or omission committed in providing or failing to provide incidental medical Page 4 of 5 2017 The Travelers Indemnity Includes copyrighted material of Insurancs nit or authorization advertising anopies cellar entrances coal manholes marquees hoist idewalk vaults elevators street ations. ODITIONAL INSURED L ENTITIES PERMITS OR NS RELATING TO OPER dded to SECTION Il WHO IS entity that has issued a permit with respect to operations or on your behalf and that you ny ordinance law building code t or agreement to include as an i on this Coverage Part is an with respect to liability for bodily damage or personal and arising out of such operations. rovided to such governmental ply to injury property damage or advertising injury arising out of erformed for the governmental injury or property damage the products completed zard. ODITIONAL INSURED FRANCHISES dded to SECTION Il WHO IS janization that grants a franchise ured but only with respect to y injury property damage or dvertising injury arising out of n the franchise granted by that ation. ct or agreement exists between dditional insured the limits of 2d to such insured will be the at you agreed to provide in the r agreement or the limits shown s whichever are less. DICAL MALPRACTICE replaces Paragraph b. of the of occurrence in the 5 Section omission committed in providing to provide incidental medical 2017 The Travelers Indemnity Company. All rights reserved. services first aid or Good Samaritan services to a person unless you are in the business or occupation of providing professional health care services. 2. The following replaces the last paragraph of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to bodily injury arising out of providing or failing to provide a Incidental medical services by any of your employees who is a nurse nurse assistant emergency medical technician paramedic athletic trainer audiologist dietician nutritionist occupational therapist or occupational therapy assistant physical therapist or speech language pathologist or b First aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or volunteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following replaces the last sentence of Paragraph 5. of SECTION Il LIMITS OF INSURANCE For the purposes of determining the applicable Each Occurrence Limit all related acts or omissions committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to any one person will be deemed to be one occurrence. The following exclusion is added to Paragraph 2. Exclusions of SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by or with the knowledge or consent of the insured. CGD4580219 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY 5. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related fumishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. 6. The following is added to Paragraph 4.b. Excess Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of Section Il Who Is An Insured. K. MEDICAL PAYMENTS INCREASED LIMIT The following replaces Paragraph 7. of SECTION 1l LIMITS OF INSURANCE 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person and will be the higher of a. 10000 or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS If the insured has agreed in a contract or agreement to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organization but only for payments we make because of a. Bodily injury or property damage that oceurs or b. Personal and advertising injury caused by an offense that is committed subsequent to the execution of the contract or agreement. M. CONTRACTUAL LIABILITY RAILROADS 1. The following replaces Paragraph c. of the definion of insured contract in the DEFINITIONS Section c. Any easement or license agreement 2. Paragraph f.1 of the definition of insured contract in the DEFINITIONS Section is deleted. CGD4580219 Page 5of 5 2017 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 2 of Exclusion b. Contractual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b.. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION I COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the indemnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. CG D4 21 07 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity.. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. CG D618 10 11 Page 1 of 1 2011 The Travelers Indemnity Company. Al rights reserved. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY PROVISIONS This insurance does not apply to any injury damage loss cost payment or expense including but not limited to defense and investigation of any kind aris ing out of resulting from caused by or contributed to by the actual or alleged presence or actual al leged or threatened dispersal release ingestion in halation or absorption of lead lead compounds or lead which is or was contained or incorporated into any material or substance. This exclusion applies but is not limited to 1. Any supervision instructions recommendations warnings or advice given in connection with the above 2. Any obligation to share damages losses costs payments or expenses with or repay someone else who must make paymentbecause of such injury or damage loss cost payment or ex pense or Any request order or requirement to abate mitigate remediate contain remove or dispose of lead lead compounds or materials or sub stances containing lead. Page 1 of 1 CG D0 76 06 93 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Discrimination Bodily injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Discrimination Personal injury arising out of discrimination based upon a person s sex sexual orientation marital status pregnancy race color creed religion national origin citizenship veteran status age genetic information or physical or mental disability or any other characteristic attribute trait condition or status that qualifies a person for protection against discrimination under federal state or local law. CGD1420219 Page 1 of 1 2017 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of pollutants in the DEFINITIONS Section of this Coverage Part or in any endorsement to this Coverage Part is replaced by the following Pollutants means any solid liquid gaseous or ther mal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pol lutants includes Petroleum or petroleum derivatives gasoline fu els lubricants and their respective additives and individual chemical components including ben zene and toluene Chlorinated and halogenated solvents including tetrachloroethylene PCE or PERC trichloro ethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP byprod ucts and polynuclear aromatic hydrocarbons PAHSs phenols and polychlorinated biphenyls PCBs and Organic and inorganic pesticides and inorganic contaminants including arsenic barium beryl lium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 4. The irritant or contaminant type or source of the irrit volved in the claim or su fied or described in this de from manufacturing operat The irritant or contaminan tion in any of the insured premises sites or locations i PERC for a dry cleanin ii TCE or any of the o examples of pollutant greasing operations The irritant or contamina source of potential liability gasoline or any of the o examples of pollutants ir line station or The insured expects or c contaminant to be a pollute Waste includes materials to tioned or reclaimed. 4. The irritant or contaminant or the particular form type or source of the irritant or contaminant in volved in the claim or suit is specifically identi fied or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any func tion in any of the insured s business operations premises sites or locations such as i PERC for a dry cleaning business or ii TCE or any of the other items included as examples of pollutants in b. above for de greasing operations The irritant or contaminant represents a major source of potential liability for the insured such as gasoline or any of the other items included as examples of pollutants in a. above for a gaso line station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. CG F250 09 08 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CONDOMINIUMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include the following as an insured 1. The developer in the developer s capacity as a unit owner but only with respect to the de veloper s liability arising out of the ownership maintenance or repair of that portion of the premises which is not owned solely by the developer. However the insurance afforded with respect to the developer does not apply to liability for acts or omissions as a devel oper. Each other unit owner and secured party of the described condominium but only with re spect to liability arising out of the ownership maintenance or repair of that portion of the premises which is not owned solely by the unit owner. Any agent of yours and any employee or agent of the management agency while act ing within the scope of their duties for you. However no agent of yours or agent or em ployee of the management agency is an in sured for a. Bodily injury or personal injury 1 To a coemployee while that co employee is either in the course of his or her employment or performing his or her duties related to the con duct of your business To the spouse child parent brother or sister of that coemployee as a consequence of Paragraph a.1 above 3 To you or an employer or if the em ployer is a partnership or joint ven ture any partners or members or if the employer is a limited liability company any member 4 For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs a.1 2 or 3 above or 5 Avrising out of his or her providing or failing to provide professional health care sewvices. b. Property damage to property 1 Owned occupied or used by 2 Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by You or any of your employees. B. The following is added to Paragraph 8. Trans fer Of Rights Of Recovery Against Others To Us Section IV Commercial General Liability Conditions We waive any rights which the Transfer Of Rights Of Recovery Against Others To Us Condition may give us against a. Any unit owner of the condominium or mem bers of the unit owner s household b. The condominium association and Members of the board of directors for acts or omissions within the scope of their duties for you. The unit owner waives any rights of subrogation under this policy against the association and the board of directors. CGF2640305 Copyright 2005 The St. Paul Travelers Companies Inc. Al rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. Cancellation Common Policy Conditions is substantial replaced by the following insured or Cancellation f. A determin 1. The first Named Insured shown in the Insurance tt Declarations may cancel this Policy by Policy could mailing to us advance written notice of insurance la cancellation. 4. Notification of ca 2. We may cancel this Policy by mailing to you your broker if k at your last mailing address known to us known. written notice stating the reason for 5. Notice of cancel cancellation. Proof of mailing will be sufficient date of cancellz proof of notice. If we cancel end on that date. a. For nonpayment of premium we will mail 6. Ifthis Policy is cz the notice at least 10 days prior to the Named Insured effective date of cancellation. we cancel the r b. For a reason other than nonpayment of first Named Inst premium we will mail the notice at least bfef less than Di 1 30 days prior to the effective date of e edlv evejn cancellation if the Policy has been in B. The following is a effect for 60 days or less. provision to the contr 2 60 days prior to the effective date of Nonrenewal cancellation if the Policy has been in If we decide not to r effect for more than 60 days. we will mail you writl 3. Ifthis Policy has been in effect for more than for nonrenewal at le 60 days we may cancel only for one or more the policy period. Prc of the following reasons proof of notice. No a. Nonpayment of premium also be sent to your B pay P N record if known. If v b. The Policy was obtained through a and you do not acce material misrepresentation the end of the curren. Any insured has violated any of the terms the required renew and conditions of the Policy when due shall mear d. The risk originally accepted has our offer. measurably increased If we fail to mail e. Certification to the Director of Insurance nonrenewal and you of the loss of reinsurance by the insurer Policy will end on insurance. that provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Director of Insurance that the continuation of the Policy could place us in violation of the insurance laws of this State. 4. Notification of cancellation will also be sent to your broker if known or agent of record if known. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. Ifthis Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund will be less than pro rata. The cancellation will be effective even if we have not offered a refund. B. The following is added and supersedes any provision to the contrary Nonrenewal If we decide not to renew or continue this Policy we will mail you written notice stating the reason for nonrenewal at least 60 days before the end of the policy period. Proof of mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to your broker if known or agent of record if known. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. If we fail to mail proper written notice of nonrenewal and you obtain other insurance this Policy will end on the effective date of that insurance. CG 02000118 Insurance Services Office Inc. 2017 Page 1 of 1 | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COV ERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANS PORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commerecial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terror ism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney Gen eral of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influ ence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such In sured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Losses is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. ILT3680115 Page 2 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi b. T tions de Prohibited Coverage Unlicensed Insurance tic 1. With respect to loss sustained by any insured or. m loss to any property located in a country or juris PmhbWE diction in which we are not licensed to provide tions this insurance this insurance does not apply to We will p the extent that insuring such loss would violate will provid the laws or regulations of such country or jurisdic ing such tion. any of our 2. We do not assume responsibility for 1. Anyt a. The payment of any fine fee penalty or other regule charge that may be imposed on any person 2. Any o or organization in any country or jurisdiction proyhik because we are not licensed to provide insur ance in such country or jurisdiction or b. The furishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. ILT41203 15 Page 1 of 1 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following BOILER AND MACHINERY COVERAGE PART COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITYWITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism RiskInsurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certi fied act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in an other endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will 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 ac cordance with procedures established by the Secre tary of the Treasury. ILT414 0115 2015 The Travelers Indemnity Company. All rights reserved. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA 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 TRIA 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. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART FARM COVERAGE PART A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and endorsements that comprise this Coverage Part or Policy in cluding but not limited to forms or endorsements that cover property damage to buildings or per sonal property and forms or endorsements that cover business income extra expense rental value or action of civil authority.. We will not pay for loss or damage caused by or resulting from any virus bacterium or other mi D. This endorsement modifies insurance provided under the following croorganism that induces or is capable of induc ing physical distress illness or disease. With respect to any loss or damage subject to the exclusion in Paragraph B. such exclusion super sedes any exclusion relating to pollutants. The terms of the exclusion in Paragraph B. or the inapplicability of this exclusion to a particular loss do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy. Page 1 of 1 ILT3820513 2013 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART DELUXE PROPERTY COVERAGE PART FARM COVERAGE PART PROVISIONS The definition of pollutants in this Coverage Part or in any endorsement to this Coverage Part is deleted and replaced by the following Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pollutants includes 1. Petroleum or petroleum derivatives gasoline fuels lubricants and their respective addi tives and individual chemical components including benzene and toluene Chlorinated and halogenated solvents in cluding tetrachloroethylene PCE or PERC trichloroethylene TCE trichloroethane TCA and vinyl chloride and their degrada tion products Coal tar manufactured gas plant MGP by products and polynuclear aromatic hydrocar bons PAHSs phenols and polychlorinated bi phenyls PCBs and Organic and inorganic pesticides and inor ganic contaminants including arsenic bar ium beryllium lead cadmium chromium and mercury. 2. This definition of pollutants applies regardless of whether d. The irritant or contaminant or the particular form type or source of the irritant or con taminant involved in the loss or damage is specifically identified or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any function in any of the insured s business op erations premises sites or locations such as i PERC for a dry cleaning business or i TCE or any of the other items included as examples of pollutants in 1.b. above for degreasing operations The irritant or contaminant represents a ma jor source of potential loss or damage for the insured such as gasoline or any of the other items included as examples of pollutants in 1.a. above for a gasoline station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. ILF0 6109 07 Page 1 of 1 2006 The Travelers Companies Inc. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indem nity 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. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from 2 IS0 Properties Inc. 2007 hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear 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 pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions 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 spe cial nuclear material or by product material. 3 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated 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 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 IS0 Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART CAUSES OF LOSS FORM FARM PROPERTY COMMERCIAL PROPERTY COVERAGE PART FARM LIABILITY COVERAGE FORM FARM PROPERTY OTHER FARM PROVISIONS FORM ADDITIONAL COVERAGES CONDITIONS DEFINITIONS LIVESTOCK COVERAGE FORM MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM A. When this endorsement is attached to the Standard Property Policy CP 00 99 the terms Coverage Form and Coverage Part in this en dorsement are replaced by the term Policy.. If partial loss loss or damage to Covered Property is caused by or results from fire Para graph a. of the Loss Payment Loss Condition is replaced by the following LOSS PAYMENT In the event of partial loss loss or damage caused by or resulting from fire and covered by this Coverage Part at your option we will either 1. Pay you an amount of money equal to the damage done or 2. Repair the damage so that the property is in as good a condition as before the fire. But we will not pay more than the Limit of Insurance. C. The following provision replaces 1. Paragraph c. of the Loss Payment Loss Condition in the Commercial Property Cover age Part 2. Paragraph d. of the Loss Payment Loss Condition in the Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions and Paragraph c. of the Loss Payment Loss Condition in the Mo bile Agricultural Machinery And Equipment Coverage Form and Livestock Coverage Form and 3. Paragraph c. of the Loss Payment Loss Condition in the Capital Assets Program Output Policy Coverage Part In the event of loss loss or damage cov ered under this Coverage Part we will give you notice within 15 working days after we receive a properly executed proof of loss that we 1. Accept your claim 2. Deny your claim or 3. Need more time to determine whether your claim should be accepted or denied. If we deny your claim such notice will be in writing and will state any policy provision condition or exclusion used as a basis for the denial. If we need more time to determine whether your claim should be accepted or denied the written notice will state the reasons why more time is needed. If we have not completed our investigation we will notify you again in writing within 45 days after the date the initial notice is sent in forming you that we need more time to de termine whether your claim should be ac cepted or denied and thereafter every 45 days. The written notice shall state why more time is needed to investigate your claim. D. Except as provided in E. below the Appraisal Loss Condition is replaced by the following APPRAISAL If we and you disagree on the value of the property or the amount of loss loss either may make written demand for an appraisal of the loss loss. In this event each party will select a competent and impartial appraiser and notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two ap praisers will select an umpire. If they can not agree upon an umpire within 15 days we or you may request that selection be made by a judge of IL 01 01 08 05 ISO Properties Inc. 2005 Page 1 of 4 | 2 |
a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss loss. If they fail to agree they will submit their differences to the umpire. The umpire shall make an award within 30 days after the umpire receives the appraisers submissions of their differences. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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.. The Appraisal Condition in 1. Business Income And Extra Expense Cov erage Form CP 00 30 2. Business Income Without Extra Expense Coverage Form CP 00 32 and 3. Capital Assets Program Coverage Form Output Policy OP 00 01 Paragraph A.7. Business Income And Extra Expense is replaced by the following APPRAISAL If we and you disagree on the amount of Net Income and operating expense or the amount of loss either may make written demand for an ap praisal of the loss. In this event each party will select a competent and impartial appraiser and notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two appraisers will select an umpire. If they can not agree upon an umpire within 15 days we or you may request that selection be made by a judge of a court having jurisdiction. The apprais ers will state separately the amount of Net In come and operating expense or the amount of loss. If they fail to agree they will submit their differences to the umpire. The umpire shall make an award within 30 days after the umpire receives the appraisers submissions of their differences. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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. The Legal Action Against Us Condition is replaced by the following 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 The action is brought within 10 years after the date on which the direct physical loss loss or damage occurred. G. Paragraph F. above does not apply to the 1. Legal Action Against Us Loss Condition in the Legal Liability Coverage Form Legal Action Against Us Condition applica ble to Coverages C and D in the Mortgage holders Errors And Omission Coverage Form or Legal Action Against Us Loss Condition in the Farm Liability Coverage Form. H. Missouri Property And Casualty Insurance Guaranty Association Coverage Limitations 1. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the As sociation will pay claims covered under the Act if we become insolvent. The Act contains various exclusions condi tions and limitations that govern a claimant s eligibility to collect payment from the Asso ciation and affect the amount of any pay ment. The following limitations apply subject to all other provisions of the Act a. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its af filiates as calculated on a consolidated basis. b. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not Page 2 of 4 ISO Properties Inc. 2005 IL 01 01 08 05 | 2 |
1 Pay an amount in excess of the ap plicable limit of insurance of the pol icy from which a claim arises or 2 Return to an insured any unearned premium in excess of 25000. These limitations have no effect on the cov erage we will provide under this policy. I. For the Commercial Property Coverage Part the following exclusion and related provisions are added to Paragraph B.2. Exclusions in the Causes Of Loss Forms and to any Coverage Form or policy to which a Causes Of Loss Form is not attached 1. We will not pay for loss or damage arising out of any act an insured commits or conspires to commit with the intent to cause a loss. In the event of such loss no insured is enti tled to coverage even insureds who did not commit or conspire to commit the act causing the loss. 2. However this exclusion will not apply to deny coverage to an innocent co insured who did not cooperate in or contribute to the creation of the loss provided the loss is otherwise covered under this Coverage Part and the loss arose out of domestic violence. Such coverage will be provided only if the innocent co insured files a police report and completes a sworn affidavit indicating both a. The cause of the loss and b. A pledge to cooperate in any criminal prosecution of the person committing the act causing the loss. 3. If we pay a claim pursuant to Paragraph 1.2. our payment to the innocent co insured will be limited to that insured s ownership interest in the property as reduced by any payment to a mortgagee or other secured interest how ever we shall not be required to make any subsequent payment for any loss for which the innocent co insured has received pay ment. In no event will we pay more than the Limit of Insurance. J. The Intentional Loss Exclusion in the Causes Of Loss Form Farm Property Mobile Agricul tural Machinery And Equipment Coverage Form and Livestock Coverage Form is replaced by the following 1. We will not pay for loss loss or damage arising out of any act an insured commits or conspires to commit with the intent to cause a loss loss. In the event of such loss loss no insured is entitled to coverage even insureds who did not commit or conspire to commit the act causing the loss loss. 2. However this exclusion will not apply to deny coverage to an innocent coinsured who did not cooperate in or contribute to the creation of the loss loss provided the loss loss is otherwise covered under this Coverage Form and the loss loss arose out of do mestic violence. Such coverage will be pro vided only if the innocent coinsured files a police report and completes a sworn affidavit indicating both a. The cause of the loss loss and b. A pledge to cooperate in any criminal prosecution of the person committing the act causing the loss loss. 3. If we pay a claim pursuant to Paragraph J.2. our payment to the innocent coinsured will be limited to that insured s ownership interest in the property as reduced by any payment to a mortgagee or other secured interest how ever we shall not be required to make any subsequent payment for any loss loss for which the innocent coinsured has received payment. In no event will we pay more than the Limit of Insurance. K. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Loss Condi tion If we pay an innocent coinsured for loss loss arising out of an act of domestic violence by an other insured the rights of the innocent co insured to recover damages from the abuser are transferred to us to the extent of our payment. Following the loss loss the innocent co insured may not waive such rights to recover against the abuser. L. Paragraph K. above does not apply to the Transfer Of Rights Of Recovery Against Oth ers To Us Loss Condition in the Farm Liability Coverage Form. M. The following is added with respect to the Additional Coverages of Debris Removal and Pollutant Clean Up And Removal and relates only to the requirement to report expenses to us within 180 days of the specified occurrence If you fail to report the expenses to us within the 180 day timeframe such failure will not invalidate IL 01 01 08 05 ISO Properties Inc. 2005 Page 3 of 4 | 2 |
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