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a claim under Debris Removal or Pollutant Clean Up And Removal unless such failure operates to prejudice our rights.. When the 1. Replacement Cost Optional Coverage in the Commercial Property Coverage Part 2. Valuation Loss Condition in the Capital As sets Program Output Policy 3. Coverage A Valuation Loss Condition in the Farm Property Farm Dwellings Appurte nant Structures And Household Personal Property Coverage Form or 4. Valuation Property Other Than Im provements And Betterments Loss Condi tion in the Farm Property Barns Outbuild ings And Other Farm Structures Coverage Form applies the following is added with respect to these provisions and relates only to the require ment to notify us of your intent to submit an addi tional 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 preju dice our rights.. For the Capital Assets Program Output Policy Coverage Part the following exclusion and re lated provisions are added to Paragraph C.2. Ex clusions 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 3. 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. If we pay a claim pursuant to Paragraph 0.2. 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. P. The Transfer Of Your Rights And Duties Under This Policy Common Policy Condition is replaced 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 occurs 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. 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. Page 4 of 4 ISO Properties Inc. 2005 IL 01 01 08 05 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY STANDARD PROPERTY POLICY In this Coverage Part or Policy any exclusion applies whether or not limitation or other provision relating to pollutants any function in or o pollutants or any amendment to or replacement of premises site or locati such exclusions limitations or other provisions applies whether or not the irritant or contaminant has any function in or on your business operations premises site or location. IL 0105 10 08 Insurance Services Office Inc. 2008 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing to us advance written notice of cancellation. If this policy has been in effect for 60 days or less except as provided in Paragraphs 8. and 9. below we may cancel this policy by mailing written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for more than 60 days except as provided in Paragraphs 8. and 9. below we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium b. The policy was obtained through a material misrepresentation. You have violated any of the terms and conditions of the policy d. The risk originally accepted has measurably increased e. Certification to the Director of Insurance of the loss of reinsurance by the insurer which provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Director that the continuation of the policy could place us in violation of the insurance laws of this State. If we cancel tf of the above of premium least 60 day cancellation. nonpayment notice at leas date of cance We will mail our reason mailing addr mailing will be Notification of to your broket known and t listed on the Notice of can date of canc end on that d If this policy first Named due. If we car If the first Nar may be less will be effectiy offered a refu Real Proper Properties O Less The followin covers real property occu If any one or exists at ar Property in tt policy by me cancellation mail if If we cancel this policy based on one or more of the above reasons except for nonpayment of premium we will mail written notice at least 60 days before the effective date of cancellation. When cancellation is for nonpayment of premium we will mail written notice at least 10 days before the effective date of cancellation. We will mail our notice to you together with our reason for cancellation at your last mailing address known to us. Proof of mailing will be sufficient proof of notice. Notification of cancellation will also be sent to your broker if known or agent of record if known and to the mortgagee or lienholder listed on the policy. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. Real Property Other Than Residential Properties Occupied By Four Families Or Less The following applies only if this policy covers real property other than residential property occupied by four families or less If any one or more of the following conditions exists at any building that is Covered Property in this policy we may cancel this policy by mailing to you written notice of cancellation by both certified and regular mail if IL 02840118 Insurance Services Office Inc. 2017 Page 1 of 3 | 2 |
10. a. After afire loss permanent repairs to the building have not started within 60 days of satisfactory adjustment of loss unless the delay is due to a labor dispute or weather conditions. b. The building has been unoccupied 60 or more consecutive days. This does not apply to 1 Seasonal unoccupancy or 2 Buildings under repair construction or reconstruction if properly secured against unauthorized entry.. The building has 1 An outstanding order to vacate 2 An outstanding demolition order or 3 Been declared unsafe in accordance with the law. d. Heat water sewer service or public lighting have not been connected to the building for 30 consecutive days or more. The policy will terminate 10 days following receipt of the written notice by the named insureds. Residential Properties Occupied By Four Families Or Less The following applies if this policy covers residential properties occupied by four families or less If this policy has been in effect for 60 days or if this is a renewal policy we may only cancel this policy for one or more of the following reasons a. Nonpayment of premium b. The policy was obtained by misrepresentation or fraud or C. Any act that measurably increases the risk originally accepted. If we cancel this policy based on one or more of the above reasons except for nonpayment of premium we will mail written notice at least 30 days before the effective date of cancellation. When cancellation is for nonpayment of premium we will mail written notice at least 10 days before the effective date of cancellation. For insurance provided under the Commercial Property Coverage Part and the Capital Assets Program Output Policy Coverage Part the following applies Grain In Public Grain Warehouses Not applicable to grain owned by the Commaodity Credit Corporation The following applies only with respect to grain in public grain warehouses The first Named Insured or we may cancel this policy at any time by mailing to a. The other and b. The Director of the lllinois Department of Agriculture at its Springfield Office 60 days written notice of cancellation. B. The following is added Nonrenewal 1. If we decide not to renew or continue this policy we will mail you written notice stating the reason for nonrenewal. Proof of mailing will be sufficient proof of notice. 2. Except as provided in Paragraph 6. below we will mail you notice of nonrenewal at least 60 days before the end of the policy period. 3. 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. 4. 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. 5. The following provision applies to policies other than those described in Paragraph 6. Notification of nonrenewal will also be sent to your broker if known or agent of record if known and the mortgagee or lienholder listed on the policy. 6. The following provision applies only if this policy covers residential properties occupied by four families or less a. If this policy has been issued to you and in effect with us for five or more years we may not fail to renew this policy unless 1 The policy was obtained by misrepresentation or fraud and we mail you notice of nonrenewal at IL0284 0118 Page 20of 3 Insurance Services Office Inc. 2017 | 2 |
b. If this policy has been issued to you and in effect with us for less than five years we may not fail to renew this policy unless you received 30 days notice as provided in 1. above. Notification of nonrenewal will also be sent to your broker if known or agent of record if known and to the last known mortgagee or lienholder. The nonrenewal shall not become effective until at least 30 days from the proof of mailing date of the notice to you. 3 least 30 days before the end of the policy period as provided in 1. above The risk originally accepted has measurably increased and we mail you notice of nonrenewal at least 30 days before the end of the policy period as provided in 1. above or You received 60 days notice of our intent not to renew as provided in 1. above. 1L02840118 Insurance Services Office Inc. 2017 Page 30of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTAIN COMPUTER RELATED LOSSES DUE TO DATES OR TIMES BOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART A. We will not pay for loss loss or damage caused directly or indirectly by any of the follow ing. Such loss loss or damage is excluded re gardless of any other cause or event that contrib utes concurrently or in any sequence to the loss loss or damage. 1. The failure malfunction or inadequacy of a. Any of the following whether belonging to any insured or to others 1 Computer hardware including micro processors 2 Computer application software 3 Computer operating systems and re lated software 4 Computer networks 5 Microprocessors computer chips not part of any computer system or 6 Any other computerized or electronic equipment or components or b. Any other products and any services data or functions that directly or indirectly use or rely upon in any manner any of the items listed in Paragraph A.1.a. of this endorsement due to the inability to correctly recognize proc ess distinguish interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. 2. Any advice consultation design evaluation inspection installation maintenance repair B. This endorsement modifies insurance provided under the following replacement or supervision provided or done by you or for you to determine rectify or test for any potential or actual problems de scribed in Paragraph A.1. of this endorse ment. If an excluded Cause of Loss as described in Paragraph A. of this endorsement results 1. In a Covered Cause of Loss under the Boiler and Machinery Coverage Part the Commer cial Crime Coverage Part or the Commercial Inland Marine Coverage Part or 2. Under the Commercial Property Coverage Part a. In a Specified Cause of Loss in eleva tor collision resulting from mechanical breakdown or from theft if insured un der the Causes of Loss Special Form or b. In a Covered Cause of Loss under the Causes of Loss Basic Form or the Causes of Loss Broad Form we will pay only for the loss loss or damage caused by such Specified Cause of Loss eleva tor collision theft or a Covered Cause of Loss. We will not pay for repair replacement or modifi cation of any items in Paragraphs A.l.a. and A.1.b. of this endorsement to correct any defi ciencies or change any features. ILT3550513 Page 1 of 1 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. PN T4 54 01 08 Page 1 of 1 | 2 |
IMPORTANT NOTICE RELIGIOUS FREEDOM PROTECTION AND CIVIL UNION ACT ILLINOIS NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. The lllinois Religious Freedom Protection and Civil Union Act provides that persons of the same or opposite sex who enter into a civil union must be afforded the same obligations protections and legal rights as married persons. This law became effective June 1 2011 and is designed to ensure that civil unions and marriage are treated identically under lllinois law. In accordance with law this policy will be interpreted to provide the same benefits and protections to persons in a civil union or in a marriage. PNT9 110312 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
PN TRAVELERS POLICYHOLDER NOTICE LEAD Dear Policyholder Lead has become a difficult problem for society as a whole and the insurance industry in particular. As a consequence we are attaching a lead exclusion to our liability policies based upon age and occupancy of buildings. Your policy contains this exclusion. If you have questions about your insurance program please contact your agent or local Company repre sentative. Page 1 of 1 PN T194 08 94 | 2 |
To Our Valued Customer Each year homeowners and business owners across the nation sustain significant weather related property damage due to floods. These can include losses caused by waves tidal waters the overflow of a body of water the rapid accumulation or runoff of surface water and mudslide. In nearly all cases these flood losses can not be prevented or even anticipated. And in many instances the losses are devastating. Most standard property insurance policies including most of our policies do not provide coverage for flood losses. While flood coverage is often available primarily through the National Flood Insurance Program it is rarely purchased. Unfortunately each year we find that some policyholders are surprised and disappointed to learn that damages they have suffered as a direct result of flood are not covered under the policies they have purchased. Please review your insurance coverage with your agent or Company representative. As you consider the need for flood insurance keep in mind that floods can and do occur in locations all over the country. They are not limited to coastal areas or locations with nearby rivers or streams. Several inches of rain falling over a short period of time can cause flood damage even in normally dry areas that are not prone to flooding. For further information about Flood Insurance contact your agent or company representative or contact the National Flood Insurance Program directly. PNT0531213 Page 1 of 1 | 2 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. Questions regarding your policy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com PN T20405 10 Page 1 of 1 | 2 |
IMPORTANT NOTICE SCHEDULE RATING MISSOURI NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMA TION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. If you have any questions regarding any schedule rating changes please contact us or your agent as listed else where in the policy. PN T04305 10 Page 1 of 1 | 2 |
P N TRAVELERS NOTICE TO POLICYHOLDERS JURISDICTIONAL INSPECTIONS Dear Policyholder Many states and some cities issue certificates permitting the continued operation of certain equipment such as boilers water heaters pressure vessels etc. Periodic inspections are normally required to renew these certifi cates. In most jurisdictions insurance company employees who have been licensed are authorized to perform these inspections. If You own or operate equipment that requires a certificate from a state or city to operate legally and We Insure that equipment under this Policy and You would like us to perform the next required inspection Then Call this toll free number 1 800 425 4119 When you call this number our representative will ask you for the following information Name of your business as shown on this Policy Policy Number Location where the equipment is located. Including Zip Code. Person to contact and phone number for scheduling of inspection Type of equipment requiring inspection Certificate inspection date and certificate number Or Fill in the form on the reverse side of this notice and fax it to the toll free number indicated on that form. Please note the following Your jurisdiction may charge you a fee for renewing a certificate. It is your responsibility to pay such a fee. All the provisions of the INSPECTIONS AND SURVEYS Condition apply to the inspections described in this notice. REMINDER If new equipment is installed or old equipment replaced that requires a jurisdictional inspection please let us know by calling our toll free number listed above. PN T189 06 99 Page 1 of 2 | 2 |
REQUEST FOR JURISDICTIONAL INSPECTION Name of Business As Shown on Policy Policy Number Location of Equipment City State Zip Code Person to Contact for Scheduling Inspection Telephone Number of Person to Contact Equipment Type Certificate Number Certificate Expiration Date Fax Form to 1 877 764 9535 Completed by Phone Number PN T189 06 99 Page 2 of 2 | 2 |
AmMWINS Brokerage of Texas Inc A WIN 5510 Norh Conva Epreco Suite 500 Dallas TX 75208 Brokerage T 7134815284 F 713464 3641 amwins com TX License 1338460 POLICY PREMIUM AND SURPLUS LINES TAX SUMMARY Attached to and forming part of Policy Number FEI PPL17496 03 Named Insured Crest Industrial Chemicals Policy Number FEI PPL17496 03 Inc. Coverage General Liability Carrier Admiral Insurance Company Agency Marsh McLennan Agency Policy Period 08292016 08292017 Policy Premium 13271.00 Fees 600.00 Surplus Lines Taxes 693.55 Total 14564.55 IMPORTANT NOTICE THE NONADMITTED REINSURANCE REFORM ACT NRRA WENT INTO EFFECT ON JULY 21 2011. ACCORDINGLY SURPLUS LINES TAX RATES AND REGULATIONS ARE SUBJECT TO CHANGE WHICH COULD RESULT IN AN INCREASE OR DECREASE OF THE TOTAL SURPLUS TAXES AND FEES OWED ON THIS PLACEMENT. IF A CHANGE IS REQUIRED WE WILL PROMPTLY NOTIFY YOU. ANY ADDITIONAL TAXES OWED MUST BE PROMPTLY REMITTED TO AMWINS. FEES remium Lines Taxes Fee Taxable Amount Texas Market Policy Fee Yes 250.00 Market Inspection Fee Yes 200.00 AmMWINS Service Fee Yes 150.00 Total 600.00 Total Fees 600.00 SURPLUS LINES TAX CALCULATION Description Taxable Taxable Tax Basis Rate Tax Premium Fee Texas Surplus Lines Tax 13271.00 600.00 13871.00 4.85 672.74 Stamping Fee 13271.00 600.00 13871.00 0.15 20.81 Total 693.55 Total Surplus Lines Taxes and Fees 693.55 SURPLUS LINES DISCLOSURE Texas | 2 |
This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a 4.85 percent tax on gross premium. Surplus Lines Licenses Name AmWins Brokerage of Texas Inc. IMPORTANT NOTICE To obtain information or make a complaint You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance Post Office Box 149104 Austin Texas 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE ara obtener informacion o para someter una queja uede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 uede escribir al Departamento de Seguros de Texas ost Office Box 149104 Austin Texas 78714 9104 Fax 512 490 1007 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.state. tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o a un reclamo debe comunicarse con el agente primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. | 2 |
UNA ESTA AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. | 2 |
AmWINS CLAIMS CAPABILITIES OVERVIEW CLAIMS OVERVIEW We strongly believe in the importance and value of effective claim services for our clients. We understand that the timely and proper handling of claims is one of the most critical moments of truth for our clients. AMWINS has invested heavily in claim services. From high end claim expertise to a national claim practice that works together we look to support our clients when they need us the most. CLAIMS CAPABILITIES Our national practice provides a variety of claim services including the following Complex Claims Advocacy Complex or difficult claims wil often requir a higher degree of attenton overs ght and advocacy. This effort triggers a team approach between the retailer AmMWINS broker and claims consultant. Our intent here is to set a claims strategy early in the process to ensure the claim is properly handled communicated and expectations set. Claims are reviewed to ensure that we advocate properly on behalf of the client Claim Consulting We will work closely with our clients to help in the design of a successful claims management program and the ongoing quality of service provided by insurance carriers and TPA s. Our consultants can also get involved when issues around communication coordination or other relevant areas are somehow interfering with the outcomes of the claims. TPA and IA Selection We wil work with our clients to help with TPA Third Party Administrator and IA Independent Adjuster assignments. These selections can often be a critical component of an overall placement and risk management program. Claims Administration When requested we can monitor claims for ou clients through a lacal AMWINS offics. WORKING TOGETHER TOWARD SUCCESSFUL CLAIM OUTCOMES The success of a claim outcome typically depends on factors such as good communication expertise and strong working relationships. Our goal at AMWINS is to be well prepared before a claim occurs and then to be actively engaged with our retail brokers on the more difficult and complex claims. Ideally we like to work with our clients as early as possible. Whethar there is a claim thatyou thinkis geting difficult or an overall pregram that needs a good claims strategy we cen be much more effective if we are brought in early. AMWINS BROKERAGE OF TEXAS CLAIMS TEAM If you need assistance from AmWINS Brokerage of Texas on a particular claim or account please direct your question to txclaimsamwins.com or contact David Bailey 214.561.7039 david.baileyamwins.com Brokerage s AMWINS BROKERAGE OF TEXAS oo RN oF pRY ynant enptio a0 OTOVIS 10116 CLAIMS CAPABILITIES OVERVIEW N 1l AIMS NVERVIE W ULAINVIoO UvEhvicw We strongly believe in the importance and value of effective claim services for our clients. We understand that the timely and proper handling of claims is one of the most critical moments of truth for our clients. AMWINS has invested heavily in claim services. From high end claim expertise to a national claim practice that works together we look to support our clients when they need us the most. CLAIMS CAPABILITIES Our national practice provides a variety of claim services including the following Complex Claims Advocacy Complex or difficult claims wil often requir a higher degree of attenton overs ght and advocacy. This effort triggers a team approach between the retailer AmMWINS broker and claims consultant. Our intent here is to set a claims strategy early in the process to ensure the claim is properly handled communicated and expectations set. Claims are reviewed to ensure that we advocate properly on behalf of the client Claim Consulting We will work closely with our clients to help in the design of a successful claims management program and the ongoing quality of service provided by insurance carriers and TPA s. Our consultants can also get involved when issues around communication coordination or other relevant areas are somehow interfering with the outcomes of the claims. TPA and IA Selection We wil work with our clients to help with TPA Third Party Administrator and IA Independent Adjuster assignments. These selections can often be a critical component of an overall placement and risk management program. Claims Admi istration When requested we can monitor claims for ou clients through a lacal AMWINS offics. WORKING TOGETHER TOWARD SUCCESSFUL CLAIM OUTCOMES The success of a claim outcome typically depends on factors such as good communication expertise and strong working relationships. Our goal at AMWINS is to be well prepared before a claim occurs and then to be actively engaged with our retail brokers on the more difficult and complex claims. Ideally we like to work with our clients as early as possible. Whethar there is a claim thatyou thinkis geting difficult or an overall pregram that needs a good claims strategy we cen be much more effective if we are brought in early. AMWINS BROKERAGE OF TEXAS CLAIMS TEAM If you need assistance from AmWINS Brokerage of Texas on a particular claim or account please direct your question to txclaimsamwins.com or contact David Bailey 214.561.7039 david.baileyamwins.com | 2 |
Common Policy Declarations Page Admiral Insurance Company Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 Named Insured Program Administrator Crest Industrial Chemicals Inc. Freberg Environmental Inc. 1737 County Road 57 2000 S. Colorado Blvd. Tower Il Suite 800 Rosharon TX 77583 Denver Colorado 80222 Policy Period From 8292016 To 8292017 At 1201 am Standard Time at your mailing address shown above In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following Coverage Parts as indicated Premium Products Pollution Environmental Impairment Liability Covered Commercial General Liability Covered Contractors Pollution Liability Covered Total Coverage Part Premium. Terrorism Premium Not Covered Total Premium State Fee Not Applicable FORMS APPLICABLE TO ALL COVERAGE PARTS See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions coverage part declarations coverage part coverage formss and forms and endorsements if any issued to form a part thereof complete the above numbered policy. 8292016 To 8292017 Issue Date 9152016 By Authorized Representative EIL1204 COM DEC | 2 |
EIL Coverage Declarations Page Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 Coverage Parts Attached indicated with X Coverage Part Policy Type X Products Pollution Environmental Impairment Liability Claims Made Form X Commercial General Liability Occurrence Form X Contractors Pollution Liabilit Occurrence Form Limits of Insurance Regardless of the number of Coverage Parts written under this policy or applicable to any one Occurrence Claim Wrongful Act or Pollution Condition the Limits of Insurance shown below apply once for the entire policy and not separately for each Coverage Part. Applicable to Products Pollution Environmental Impairment Liability Coverage Parts Only 1000000 Per Pollution Conditions Limits 1000000 Aggregate Pollution Condition Limits Applicable to Commercial General Liability Coverage Parts Only 1000000 Personal and Advertising Injury Limit 1000000 Damages Limit for Each Occurrence of Claim 2000000 General Aggregate Limit Other than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 50000 Fire Damage Limit Any one Fire 5000 Medical Expense Limit Any One Person Applicable to Contractors Pollution Liability Coverage Parts Only 1000000 Damage Limit for Each Occurrence Claim or Pollution Condition Claims 1000000 Claims Expense Limit for Each Claim 1000000 General Aggregate Limit 1000000 Claims Expense Aggregate Limit Deductible SIR Coverage Amount Type Products Pollution Environmental Impairment Liability 10000 Per Claim Commercial General Liability 5000 Per Occurrence Deductible Contractors Pollution Liability 5000 Per Pollution Condition Deductible Retroactive Dates Coverage Retroactive Date Products Pollution Environmental Impairment Liability 8292013 Commercial General Liability Not Applicable Contractors Pollution Liability Not Applicable Premium Schedule Estimated Annual Gross Receipts 2300000 Rate Flat Policy Period Minimum Earned Premium 25 Minimum Earned Premium 3318 Form of Business X Corporation Joint Venture Individual Partnership LLC Other e Parts Only Claim roducts Completed Operations gate Limit n e Parts Only aim or Pollution Condition Claims i N EIL1204 COVERAGE DEC | 2 |
EIL Supplemental Declarations Page Policy Number FEI PPL17496 03 Renewal Of FEI PPL17496 02 SCHEDULE The following forms and endorsements are made part of this policy JA10011 0316 Signature Page EIL001 0712 Environmental Impairment Liability Claims Made Form CG 00011204 Commercial General Liability Coverage Occurrence Form ECC311 0712 Contractors Pollution Liability Form Occurrence EIL075 0712 Minimum Earned Premium Endorsement ECC315 0712 Common Policy Conditions ECC316 0712 Nuclear Energy Liability Exclusion ECC317 0712 Deductible Liability Insurance Endorsement ECC319 0712 Automatic Additional Insured Owners Lessees or Contractors This endorsement does not apply to the Professional Liability Coverage Part. ECC320 0712 Automatic Waiver of Subrogation This endorsement does not apply to the Professional Liability Coverage Part ECC322 0713 Claims Notice Document CG 22430196 Exclusion Engineers Architects or Surveyors EIL113 0413 Products Pollution Coverage Endorsement PN0001 00107 OFAC PN0002 1215 Trade or Economic Sanctions Endorsement EIL031 0712 Contingent Transportation Coverage EIL085 0712 Named Insured Endorsement EIL096 0513 Blanket Non Owned Disposal Sites Endorsement CG 21900106 Exclusion of Terrorism ECC353 0712 Hired and Non Owned Auto 1mil1mil limit ECC359 0712 Employee Benefit Liability 1mil1mil limit ECC502 0712 Amendment of Cancellation Notice Endorsement uses endeavor to wording ECC510 0712 Mold and Mildew Exclusion ECC528 0712 Punitive and Exemplary Damages Amendment Where allowable by law ECC548 0712 Blanket Primary and Non Contributory Endorsement CG 20371001 Additional Insured Owners Lessees Completed Op s ECC326 0712 Service of Suit Claims Made Form ge Occurrence Form dccurrence nent bYWV ES T R endorsement does not apply to the rveyors ent nent lorsement limit nit orsement uses endeavor to wording ndment Where allowable by law Endorsement Completed Op s Schedule of Insured Locations Location Location 1 1737 County Road 57 Rosharon TX 77583 EIL1204 SUPP DEC | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 1 Signature Page This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under this Policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN WITNESS WHEREOF we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by a duly authorized representative of the Company. Secretary rho President and CEO JA10011 0316 Page 4 of 116 | 2 |
Environmental Impairment Liability Polic The coverage provided by this policy contains requirements for claims made and reporting to the insurance company listed in the declarations hereinafter the company. Please read this entire form carefully. This policy has certain provisions and requirements unique to it and may be different from other policies the insured may have purchased. Defined terms other than headings appear in italics. Notice the descriptions in any headings or sub headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions of this policy. L INSURING AGREEMENT 4 nan nan nan nan 1.0 DEFINITIONS Affiliates Auto Bodily Injury Business Interruption Losses Cargo Carrier Claims Cleanup Costs Corrective Actions Defense Expenses Discovered Environmental Laws Insureds Leased Worker Liabilities Loss of Rental Income Loss of Use Mobile Equipment Mitigation Actions Named Insured Natural Resource Damage EIL001 0712 | 2 |
Environmental Impairment Liability Polic 1L Non Owned Disposal Sites Operations Period of Restoration Policy Policy Period Pollutants Pollution Conditions Property Damage Regulatory Bodyies Restorative Actions Retroactive Date Scheduled Location Temporary Worker Termination Date Third Partyies Transported Cargo EXCLUSIONS Acts of War Asbestos Automobiles Certain Damages Compliance Actions and Improvements Contractual Liability Course of Employment Insured versus Insured Intentional or Illegal Acts Known Conditions Lead Based Paint Mold Silica Subsequent to Property Transfer Transportation Underground Storage Tanks Workers Compensation Wrongful Delivery EIL001 0712 | 2 |
Environmental Impairment Liability Polic v. VL VIL LIMITS OF INSURANCE Maximum Limits of Liability Limits of Liability Settlement SELF INSURED RETENTION EXTENDED REPORTING PERIOD Automatic Extended Reporting Period Optional Extended Reporting Period CONDITIONS Notice Of Pollution Conditions and Claims Defense and Cooperation And Assistance Of The Insured Inspection Actions Prejudicial To The Company Mitigation Actions Subrogation Named Insured As Agent Assignment No Action Against Company Changes Cancellation Nonrenewal Additional Premiums Representations and Covenants Other Insurance Concealment or Fraud Separation Of Insured nan nan nan nan 17.0 nan 17.0 nan 17.0 nan 18.0 nan nan nan 19.0 nan nan nan 19.0 nan 19.0 nan 20.0 nan nan nan 21.0 nan 21.0 nan 22.0 nan 23.0 nan 23.0 nan 23.0 nan 24.0 nan 24.0 nan 24.0 nan 24.0 nan 25.0 nan 25.0 nan 26.0 nan 26.0 nan 26.0 nan 27.0 nan 27.0 nan 27.0 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The Company in consideration of the payment of the premium and in reliance upon all representations and warranties contained in the application submitted to the Company and made a part of this Policy including any addendum or addenda and subject to all provisions of this Policy subsequently set forth herein agrees with the Named Insured as follows. INSURING AGREEMENT COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured all Cleanup Costs of the Insured Liabilities for Property Damage to a Third Party including Cleanup Costs e Liabilities for Bodily Injury to a Third Party and Defense Expenses resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location which commenced during the Policy Period or after the Retroactive Date if any and were Discovered and reported to the Company during the Policy Period the Automatic Extended Reporting Period or the Optional Extended Reporting Period if any. A Claim under this coverage must be reported to the Company in accordance with Section VII. Conditions. DEFINITIONS Words and phrases in italics in this Policy have the following special meaning Affiliates The term Affiliates means all affiliates of the Insured including without limitation subsidiary or parent entities shareholders members partners owners joint venturers directors managers officers employees Leased Workers Temporary Workers or immediate family of any of the Insureds. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Auto The term Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include Mobile Equipment. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning e Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and e Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Bodily Injury The term Bodily Injury means sickness disease mental anguish emotional distress or physical injury sustained by a Third Party including death resulting therefrom. Business Interruption Losses The term Business Interruption Losses means The actual loss sustained during the Period of Restoration by a Third Party due to the necessary suspension of business activities resulting directly from Pollution Conditions at a Scheduled Location not to exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of Operations The necessary expenses incurred by a Third Party o as aresult of the suspension of Operations and o to avoid or minimize the loss suffered by the Third Party as a result of the suspension of Operations. The amount payable by the Company for Business Interruption Losses shall be reduced in the event that Business Interruption Losses could have been reduced by e acomplete or partial resumption of Operations whether the location of Operations was damaged or not or EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy by making use of other property at any other location or by making use of stock raw in process or finished. The Company shall not be liable for any Claims resulting from the suspension lapse or cancellation of any lease license contract or order unless such suspension lapse or cancellation is directly and primarily caused by the interruption of business resulting from the Pollution Condition. The liability of the Company for Business Interruption Losses shall in addition to the limitations set forth herein be further limited to the period of twelve 12 calendar months from the date of the Claim. Cargo The term Cargo means goods products or wastes carried for delivery on or within an Auto that is properly licensed to transport such goods products or wastes. Carrier The term Carrier means a person or entity other than the Insured or any subsidiary or affiliate company of the Insured properly licensed to engaged in the businesses of transporting property for hire by Auto Watercraft or rolling stock. Claims The term Claims means written notice during the Policy Period toan nsured from a Third Party seeking to hold any Insured responsible for Liabilities resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location or by the nsured seeking coverage for Cleanup Costs resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Cleanup Costs The term Cleanup Costs means the reasonable and necessary costs incurred in performing Corrective Actions andor Restorative Actions at upon within under or migrating from a Scheduled Location. Costs incurred by the use of Affiliates to perform Corrective Actions or Restorative Actions or to act in any manner with respect to a Claim are not included in Cleanup Costs. Corrective Actions The term Corrective Actions means actions undertaken with the prior written approval of the Company to investigate test sample monitor cleanup remove remediate treat dispose of neutralize or immobilize Pollutants resulting from a Pollution Condition. Corrective Actions for a Pollution Condition shall be deemed completed when the condition of the property e satisfies the applicable Risk Based Standards or ano further action letter closure or other approval is received from the appropriate Regulatory Body. For the purposes of this Policy Applicable Risk Based Standards shall mean those standards developed by the appropriate Regulatory Body for the cleanup of the Pollutants e for similar property in the same geographic area as the Scheduled Location and based upon the land use of the Scheduled Location at the time of inception of this Policy. Corrective Actions shall also include the preparation of customary reports related to such actions. Corrective Actions or Mitigation Actions that require an emergency response pursuant to Section VII. Conditions do not require the prior written approval of the Company. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Defense Expenses Discovered The term Defense Expenses means the reasonable legal costs charges and expenses incurred by the Company fees and expenses of any third party administrator for the Company or with the prior written approval of the Company by an Insured in the investigation adjustment or defense of Claims with respect to e the determination of any Liability or Cleanup Costs. Defense Expenses do not include salary charges of regular employees or officials of the Company fees and expenses of supervisory counsel retained by the Company or the time and expense incurred by the nsured in assisting in the investigation or resolving a Claim or in connection with Cleanup Costs including but not limited to the cost of the nsured s in house counsel. The term Discovered means the point in time at which any officer director executive or employee responsible for environmental compliance of an Insured becomes aware of the existence of a Pollution Condition. Environmental Laws Insureds EIL001 0712 The term Environmental Laws means any federal state provincial foreign or local laws including but not limited to statutes rules regulations ordinances guidance documents and governmental judicial or administrative orders and directives that are applicable to Pollution Conditions. The term Insureds means the following o The Named Insured Any present or former director officer or employee of the Named Insured while acting or failing to act within the scope of his her duties as such The current spouse of any current owner director or officer of the Named Insured but solely with respect to the liability of each Insured as otherwise covered by this Policy The heirs executors administrators guardians and legal representatives of each Insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each Insured as otherwise covered by this Policy and Any person or organization acting as the Insured s real estate manager. EIL001 0712 | 2 |
Environmental Impairment Liability Policy No person or organization is an nsured with respect to the conduct of any current or past partnership joint venture or any other entity unless such entity is set forth as a Named Insured in the Declarations. Leased Worker The term Leased Worker means a person leased by a labor leasing firm to perform duties related to the conduct of the lessee s business. Leased Worker does not include Temporary Worker. Liabilities The term Liabilities means those sums that the Insured becomes legally obligated to pay to Third Parties as a result of Claims for Bodily Injury Property Damage or e Cleanup Costs. Loss of Rental Income The term Loss of Rental Income means the actual loss sustained by a Third Party due to the required suspension of rental activities during the Period of Restoration at a location directly damaged by a Pollution Condition plus necessary expenses incurred by a Third Party e asaresult of the suspension of its rental activities at the location directly damaged by a Pollution Condition and toavoid or minimize the loss suffered by the Third Party as a result of the suspension of rental activities at the location directly damaged by a Pollution Condition. Loss of Rental Income shall not exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of rental activities and is further limited to the period of twelve 12 calendar months from the date of the Claim. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Loss of Use The term Loss of Use means the lesser of Business Interruption Losses or Loss of Rental Income. Mobile Equipment The term Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment Mitigation Actions Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted Power cranes shovels loaders diggers or drills or Road construction or resurfacing equipment such as graders scrapers or rollers. Vehicles not described in the above definition that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in the above definition maintained primarily for purposes other than the transportation of persons or cargo. The term Mitigation Actions means those actions set forth in Section VII. Conditions. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Named Insured The term Named Insured means the proprietor partners or organization identified as the Named Insured in the Declarations. Natural Resource Damage The term Natural Resource Damage means physical injury to or destruction of including the resulting loss of value of land fish wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state or local government any foreign government any Indian tribe or if such resources are subject to a trust restriction on alienation any member of an Indian tribe. Non Owned Disposal Sites Operations The term Non owned Disposal Sites means Liabilities arising from an Insured s disposal of wastes at a treatment storage or disposal facility that is not owned or operated by the Insured and that is scheduled by endorsement on the Non Owned Disposal Site Coverage Endorsement. The term Operations means the business activities of a Third Party occurring at a location damaged by a Pollution Condition. Period of Restoration The term Period of Restoration means the period of time that begins with the date that a Claim from a Third Party is received by an Insured or is made by the Insured to the Company and ends on the date when the property at the Scheduled Location is repaired rebuilt or replaced with reasonable speed and similar quality. Period of Restoration does not include any delay caused by the enforcement of any local or state ordinance or law regulating the construction use or repair or demolition of property. The expiration date of this Policy does not end the Period of Restoration. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Policy Policy Period Pollutants The term Policy means this document as well as the application all endorsements declarations modifications and addenda thereto. The term Policy Period means the period set forth in the Declarations any shorter period arising as a result of cancellation or non renewal or any other period as changed by endorsement. The term Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals toxic chemicals liquids or gases other irritants or contaminants or any discarded materials of any kind. Pollutants shall not include Source Material Special Nuclear Material or Byproduct Material as such terms are defined in the Atomic Energy Act of 1954. Pollution Conditions The term Pollution Conditions means the gradual or sudden unintended discharge dispersal release or escape of Pollutants at upon within under or migrating from a Scheduled Location which the Insured had not Discovered at the time of inception of this Policy unless such previously Discovered Pollution Condition has been listed by endorsement is first reported to the Company during the Policy Period and commenced during the Policy Period or after the Retroactive Date if any. Property Damage The term Property Damage means the following Physical injury to or destruction of property of Third Parties Natural Resource Damage Loss of Use of tangible property of Third Parties and e the lesser of i the diminution of value of tangible property of Third Parties directly attributable to the effects of Pollution Conditions or ii the reasonable costs of Restorative Actions for such property EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy but only to the extent the above injuries are not already remedied by Cleanup Costs. For purposes of determining the extent if any of diminution in value the value of the tangible property injured shall equal the replacement cost of such property reduced by physical depreciation and obsolescence as of the time the damage to such tangible property was sustained. Regulatory Bodyies The term Regulatory Bodyies means the federal state or foreign regulatory agency or agencies having jurisdiction with respect to a Pollution Condition. Restorative Actions The term Restorative Actions means actions undertaken with the prior written approval of the Company to repair replace or restore tangible property to substantially the same condition such tangible property was in prior to being damaged during work performed in the course of incurring Cleanup Costs. The cost of Restorative Actions at a Scheduled Location shall not exceed the diminution in value of the Scheduled Location as a result of the Pollution Condition. Retroactive Date The term Retroactive Date means the date identified as such and set forth in the declarations and is the earliest date that a Pollution Condition can have commenced for coverage to be provided under this Policy. Scheduled Location The term Scheduled Location means the insured locations identified on the declarations. Temporary Worker The term Temporary Worker means a person who is furnished to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Termination Date The term Termination Date means the effective date and hour of cancellation or nonrenewal of this Policy and the Policy Period as described in Section VII. Conditions. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Third Partyies The term Third Partyies means any person or persons who are not Insureds Affiliates or contractors including without limitation any affiliates employees Leased Workers or Temporary Workers of such contractors of the Insured. Transported Cargo The term Transported Cargo means Cargo after it is moved from the place where it is accepted for movement into or on to the Covered Auto until the Cargo is moved from the Covered Auto to the place where it is finally delivered. Transported Cargo also includes Cargo during the loading and unloading to or from a Covered Auto provided that the loading or unloading is performed by the Insured. Transported Cargo does not include Cargo at rest for a period of longer than seventy two 72 hours after it has been accepted for movement into or onto a Covered Auto but before it reaches the place of final delivery. EXCLUSIONS This policy does not cover any Claims arising out of based upon resulting from or with respect to Acts of War The consequence of war invasion hostilities whether war be declared or not civil war rebellion revolution insurrection or military or usurped power strike riot or civil commotion. Asbestos Any Claim arising out of the existence of asbestos products fibers or asbestos dust unless specifically endorsed onto this Policy or Automobiles Any Claim arising out of the ownership maintenance use operation loading or unloading of any Auto aircraft watercraft or rolling stock except when on or at a Scheduled Location or Certain Damages Punitive or exemplary damages multiplied damages assessments fines or penalties including those arising from criminal actions. Compliance Actions and Improvements EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Funds spent for additions equipment upgrades or physical improvements to the Scheduled Location or other property of the Insured undertaken voluntarily or to assure future compliance with applicable laws rules or regulations. Contractual Liability The liability of others assumed by an Insured under any contract or agreement unless the liability of such nsured would exist in the absence of a contract or agreement. Course of Employment Any injury to any Affiliates in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or e to the spouse child parent brother sister personal representative guardian or other party authorized to act on behalf of the injured party as a consequence of the injury. Insured versus Insured By any past or present Insured against any Insured. This exclusion does not apply to additional Insureds under this Policy. Intentional or lilegal Acts Any Insured s e intentional willful deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of any governmental agency or body or e dishonest illegal fraudulent or criminal act. Known Conditions Any Pollution Conditions Discovered prior to the inception of this Policy. This exclusion does not apply to Pollution Conditions disclosed to the Company prior to the inception of this Policy and specifically listed by endorsement. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Lead Based Paint Any Claim arising out of the existence required removal or abatement of lead paint unless specifically endorsed onto this Policy or Mold Any Claim arising directly or indirectly out of or in concurrence with actual alleged or threatened existence growth spread proliferation discharge dispersal seepage release or escape of any form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi unless specifically endorsed onto this Policy or Silica Any Claim arising out of exposure to or inhalation ingestion or respiration of silica or products or substances containing silica or silicon dioxide in any form including but not limited to silica dust sand or otherwise or work involving the use of or handling of silica or silicon dioxide in any form unless specifically endorsed onto this Policy or Subsequent to Property Transfer A Pollution Condition that is Discovered subsequent to the time the Named Insured has sold given away abandoned condemned or otherwise transferred the Scheduled Location unless specifically listed by endorsement. Transportation The ownership maintenance use operation loading or unloading of any form of transportation beyond the legal boundaries of a Scheduled Location unless specifically listed by endorsement. Underground Storage Tanks The existence of any underground storage tanks and associated underground piping at a Scheduled Location but only if the Named Insured had Discovered such underground storage tanks at the time of inception of the Policy. This exclusion does not apply to underground storage tanks and associated underground piping when endorsed onto this Policy. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Workers Compensation Any obligation of the nsured under a workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law. Wrongful Delivery Any Claim arising out of the delivery of any Cargo into the wrong receptacle or to the wrong address or the delivery of one type of Cargo in error for another. LIMITS OF INSURANCE The limits of this insurance are presented in the following sections regarding Maximum Limits of Liability and separate limits of liability. Maximum Limits of Liability The Company s total liability hereunder for all Liabilities Cleanup Costs and Defense Expenses shall not exceed the Aggregate Limit specified in the Declarations irrespective of any of the following The number of Claims made The number of persons or organizations making claims The number of persons covered hereunder The number of actual or alleged Pollution Conditions or The number of times Cleanup Costs or Liabilities are incurred. Limits of Liability As specified in the Maximum Limits of Liability above and in the Declarations The Per Pollution Condition Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy for any Claims resulting from the same or related Pollution Conditions. The Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy. The Limits of Insurance shown in the Declarations shall apply in excess of the Self Insured Retention amount shown in the Declarations. If this Policy and any other policy providing coverage issued by the Company or any affiliate of the Company apply to the same Pollution Condition or related Pollution Conditions the aggregate maximum amount payable under all of such EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Settlement policies combined shall be limited to the amount of the highest applicable Per Pollution Condition Limit payable under any one of the policies. In the event that the Company or any affiliate of the Company issues a subsequent Pollution Legal Liability Policy to the nsured which provides substantially the same coverage as this Policy all Pollution Conditions including related Pollution Conditions Discovered after the Policy Period Discovered and reported to the Company under any of these policies shall be deemed to have been Discovered and reported under this Policy during the Policy Period. As aresult the Company shall have no further obligation for the Pollution Condition and the related Pollution Conditions under all of the policies once the Company pays an amount equal to the Single Pollution Incident Limit of this Policy. Coverage under this Policy for such Pollution Conditions shall not apply unless the nsured has maintained with the Company or any affiliate of the Company a Pollution Legal Liability Policy providing substantially the same coverage as this Policy on a continuous uninterrupted basis since the Pollution Condition was Discovered and reported to the Company. For the purposes of this Policy related Pollution Conditions are those which arise out of are based on relate to or are in consequence of the same facts circumstances or situations. If the Company recommends a settlement of a Claim e for an amount within the Self Insured Retention and the Insured refuses such settlement the Company shall not be liable for any Cleanup Costs Liability or Defense Costs or other coverages in excess of the Self Insured Retention or e fora total amount in excess of the Self Insured Retention and the Insured refuses such settlement the Company s liability for Cleanup Costs Liabilities or Defense Costs or other coverages shall be limited to that portion of the recommended settlement and the costs charges and expenses as of the date nsured s refusal that exceed the Self Insured Retention and fall within the Limits of Liability. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy SELF INSURED RETENTION The Company s obligation for Liabilities Cleanup Costs and Defense Costs shall only be in excess of the Self Insured Retention Amounts for the Policy and per Claim as specified in the Declarations for the same or related Pollution Conditions. The Self Insured Retention shall be applied as shown in the Declarations. The Self Insured Retention is to be paid by the nsured and is not to be insured by the Company unless specifically listed by endorsement. The nsured shall promptly reimburse the Company for advancing any element of Liability Cleanup Costs or Defense Costs falling within the Self Insured Retention. VI. EXTENDED REPORTING PERIOD The following section describes the automatic and extended reporting period provisions of this Policy. Automatic Extended Reporting Period The Insured is entitled to an Automatic thirty 30 day Extended Reporting Period for no additional premium upon cancellation or non renewal of this Policy in accordance with the terms of this section. The Automatic Extended Reporting Period shall apply to Claims first made within the Automatic Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Automatic Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the right to the Automatic Extended Reporting Period if The Policy was cancelled due to non payment of premium fraud or material misrepresentation or The Insured purchases other insurance to replace this Policy. EIL001 0712 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Optional Extended Reporting Period The Insured may purchase an Optional Extended Reporting Period upon cancellation or non renewal of the Policy subject to the following terms and conditions The Insured makes a written request for an Optional Extended Reporting Period that the Company receives within thirty 30 days of the Termination Date and The Insured pays the Company an additional premium to be determined by the Company within thirty 30 days of the Termination Date. Such additional premium charge may not exceed 200 of the policy premium stated in the Declarations. The maximum Optional Extended Reporting Period may at the election of the Insured be for a period of up to thirty six 36 months from the Termination Date applicable to any Scheduled Location. The Optional Extended Reporting Period shall apply to Claims first made within the Optional Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Optional Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the option to purchase the Optional Extended Reporting Period if The Policy was cancelled due to non payment of premium fraud or material misrepresentation or e The Insured purchases other insurance to replace this Policy. In the event that the Optional Extended Reporting Period is purchased by the Insured the Optional Extended Reporting Period shall run concurrent to the Automatic Extended Reporting Period and shall not be in addition to the Automatic Extended Reporting Period. EIL001 0712 20 EIL001 0712 | 2 |
Environmental Impairment Liability Policy VIl. CONDITIONS The following sections describe the conditional provisions of this Policy. Notice of Pollution Conditions and Claims The Named Insured shall immediately provide written notice of any Pollution Conditions Discovered or Claim received. Such written notice shall be given to the Company in care of Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 6 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 shall contain complete details regarding the Pollution Condition or Claim including but not limited to o The exact date the Pollution Condition was Discovered or the Claim was made its nature and location and circumstances giving rise to such Claim or Discovery o All information relating to the cause of the Pollution Conditions including the Bodily Injury Property Damage or Cleanup Costs that have resulted or may result from such Pollution Conditions all engineering information available on the Pollution Conditions and any other information that the Company deems reasonably necessary. o All demands summonses notices or other process or papers filed with a court of law administrative agency or an investigative body o The names and addresses of all parties asserting a Claim and all persons with knowledge of the Claim and Pollution Condition and o All other information in the possession of the Insured or its Affiliates regarding the Pollution Conditions the Discovery and the Claim. EIL001 0712 21 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The duties of the nsured hereunder may not be delegated. Nothing contained herein shall relieve the Insured from any obligation including any notification requirements it may have pursuant to applicable laws rules or regulations. Written notice shall be given whether or not the Named Insured believes that a Pollution Condition or Claim will result in a demand that falls under or in excess of the Self Insured Retention. When a Pollution Condition or other circumstance requires an Insured to undertake emergency Mitigation Actions as described in this section the Named Insured must immediately provide written notice to the Company upon undertaking such emergency Mitigation Actions. Defense and Cooperation and Assistance of the Insured The Company has the right and the duty to defend the nsured against any Claim resulting from a Pollution Condition and may in its sole discretion investigate and settle such Claims. The Company shall have the right to designate legal counsel for the investigation adjustment and defense of Claims. Each Insured shall fully cooperate with and offer all reasonable assistance to the Company with respect to the investigation defense settlement arbitration or appeal of any Claim. Such cooperation shall include full access to the Company to interview Affiliates as well as inspect any property of the Insured. No Insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance unless provided in an endorsement nor shall such loss of earnings apply towards the satisfaction of the Self Insured Retention. In no event shall this paragraph be deemed to require the nsured to share documents or information in a manner that would result in the waiver of any legally sanctioned privilege. The Company s duty to defend the nsured shall terminate when the Company establishes i the absence of coverage under the terms and conditions of this Policy or i the Limits of Liability have been exhausted. In such EIL001 0712 22 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Inspection circumstance the Company shall take reasonably appropriate steps to transfer control of any existing defense to the Named Insured. The Company has the right upon reasonable advance notice to inspect the Scheduled Locations at any time. Neither the Company s right to inspect the Scheduled Locations any actual inspection performed pursuant to this right nor any report resulting from any inspection shall constitute an undertaking on behalf of the Insured or any other party to determine or warrant that the property or operations are safe healthful or conform to acceptable engineering practice or are in compliance with any law rule or regulation. The Insured will provide appropriate assistance to the Company during any inspection. Actions Prejudicial to the Company In the event of a Claim no Insured shall undertake any of the following actions without the Company s prior written consent Engage counsel to provide legal representation e Assume any obligation e Admit or in any manner acknowledge liability e Effectuate or attempt to effectuate compromise or settlement including but not limited to entering into a consent decree involving the assignment of any Insured s interest under this Policy or Except for emergency Mitigation Actions described in this section initiate or modify ongoing Corrective Actions or Restorative Actions. Any of the foregoing actions by any Insured shall be deemed to materially prejudice the Company s rights. Where the written approval of the Company is required for Corrective Actions or Restoration Actions such consent shall not be unreasonably withheld or delayed. Mitigation Actions The Named Insured shall make all reasonable efforts to abate stop prevent or reduce the Liabilities Cleanup Costs and Defense Costs caused by any Pollution Conditions. These efforts May be taken only with the prior written consent of the Company and e Shall commence immediately when a Pollution Condition is Discovered. EIL001 0712 23 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Subrogation Such mitigation efforts must be undertaken even in the absence of a Claim. The prior written approval of the Company shall not be required to take any action in the event of a Pollution Condition that presents an immediate dangerous and significant threat to human health or the environment where any delay by the Insured would cause further injury to persons or damage to property or increase significantly the cost of responding to a potential Claim. At any time after the Company receives notification of a Claim the Company may require its prior written approval before the Insured may incur any additional Cleanup Costs or other costs or expenses. In the event that the Company pays any amount under this Policy the Company shall be subrogated to all of each Insured s rights of recovery against any person firm or organization. All Insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No Insured shall do anything to waive or prejudice such rights. Named Insured as Agent Assignment The Named Insured specified in the Declarations shall be deemed the agent of each Insured with respect to all matters involving this Policy however the Company shall have the right to seek indemnification from any Insured or any other person who may be legally liable for the actions of the Named Insured. This Policy may be assigned only with the prior written consent of the Company. Such written consent shall not be unreasonably withheld or delayed by the Company. No Action Against Company EIL001 0712 No third party action shall lie against the Company unless as a condition precedent thereto each Insured has fully complied with all the provisions of the Policy nor until the amount of the Insured s obligation to pay has been finally determined either by written agreement of the Insured the Company and the party asserting the Claim or by final judgment against the nsured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or if an appeal has been taken then until after such appeal has been adjudicated. Any person or organization or the legal representative thereof that has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by the Policy. No person or organization shall have any 24 EIL001 0712 | 2 |
Environmental Impairment Liability Policy right under this Policy to join the Company as party to any action against the Insured to determine the Insured s liability nor shall the Company be impleaded by the Insured or his legal representative. Changes Cancellation No provision of this Policy may be amended waived or otherwise changed except by endorsement hereto and the written agreement of the Named Insured and the Company. The Named Insured may cancel this Policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Termination Date shall be the date stated in such written notice. The Company may cancel this Policy for e fraud or material misrepresentation by an Insured material change in the nature or extent of the risk involved hereunder or e failure to pay premium. In the event of cancellation for any reason other than failure to pay premium the Company shall provide written notice stating when not less than thirty 30 days thereafter such cancellation shall become effective. In the event the Named Insured fails to pay premium under this Policy the Company shall provide not less than ten 10 days written notice of cancellation of the Policy. The Termination Date shall be the date stated in any such written notice. The mailing of notice to the last known address of the nsured in the manner provided herein or hand delivery to such address shall be sufficient proof of notice. Nonrenewal In the event of cancellation by the Named Insured the earned premium shall be computed in accordance with the customary short rate table. In the event of cancellation by the Company the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25 of the amount specified in the Declarations unless modified by endorsement. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter but neither tender of the unearned premium nor return of this Policy shall be a condition to cancellation hereunder. EIL001 0712 25 EIL001 0712 | 2 |
Environmental Impairment Liability Policy The Company may non renew this Policy by mailing or delivering to the Named Insured written notice of nonrenewal at least sixty 60 days before the expiration date of this Policy. The Termination Date shall be the date stated in such nonrenewal notice. Additional Premiums If during this Policy Period an increase in the risk or hazards covered hereunder occurs the Company shall have the right to charge an appropriate additional premium or to cancel the Policy. Representations and Covenants The Named Insured acknowledges and agrees that The information warranties and representations contained in the application submitted by the nsured as well as in all supplemental documents provided herewith are true correct and complete and e The Company has issued this Policy in specific reliance upon the truth and accuracy of the warranties and representations contained in the application. Asigned copy of the application is kept on file by the Company. Allactivities of the nsured have been and will be conducted in full compliance with Environmental Laws. The application the declarations and endorsements if any are incorporated into and are part of this Policy and embody all agreements existing between the Named Insured and the Company and supersede all prior agreements whether written or oral expressed or implied. EIL001 0712 26 EIL001 0712 | 2 |
Environmental Impairment Liability Policy Other Insurance If any part of Liabilities Cleanup Costs or Defense Costs or other coverage afforded by endorsement is insured under this Policy and any other current prior or subsequent policy that is not issued by the Company or an affiliate of the Company this Policy shall provide coverage for such Liabilities Cleanup Costs Defense Costs or other coverage afforded by endorsement in proportion to the applicable Limits of Liability of this Policy and those of such other policy or policies. Concealment or Fraud If the Insured wilfully concealed or misrepresented any fact or circumstance material to the granting of coverage under this Policy this entire Policy shall be void. Separation of Insured Except with respect to the Limits of Liability and any rights or duties specifically assigned to the Named Insured this Policy applies Asifeach Named Insured were the only Named Insured and e Separately to each Insured against whom a Claim is made. EIL001 0712 27 EIL001 0712 | 2 |
ADMIRAL.. Commercial General Liability Coverage Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section IT 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 ITI Limits Of Insurance and 2 Ourright and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The 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 IT Who Is An Insured and no employee authorized by you to give or receive Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 0 |
ADMIRAL fw el Commercial General Liability Coverage Form 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 II 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 IT 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. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages.. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 Anemployee 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 1 Whether the insured may be liable as an employer or in any other capacity and 2 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. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form b Copyright 1SO Properties Inc. 2003 All rights reserved At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i fumes from a hostile fire Bodily injury or property damage arising out of heat smoke or At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or CG 00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form e 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 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 behalfby a contractor or subcontractor or fumes from a hostile fire. i Bodily injury or property damage arising out of heat smoke or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any b Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL jw o Commercial General Liability Coverage Form others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. 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 however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form 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 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section ITI 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. n. Recall of Products Work or Impaired Property Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 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 personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III 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 ITI Limits Of Insurance and 2 Ourright 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. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL j o Commercial General Liability Coverage Form No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Exclusions This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. i. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 AnlInternet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Intemet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s 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 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL j o Commercial General Liability Coverage Form 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. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 Onpremises you own or rent 2 Onways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 Firstaid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation and Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL jw o Commercial General Liability Coverage Form e Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses incurred by the insured at our request to as All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. st us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. 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. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. Ifwe 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 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee TCopyight ISOProperties Inc 2003 CG00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL f Commercial General Liability Coverage Form 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 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 Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. 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. Ifyou are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 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. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form 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 and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 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. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Iil LIMITS OF INSURANCE 1 The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL. Commercial General Liability Coverage Form Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to 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. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. Subject to 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. Duties In The Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifaclaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form d. 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 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 Assistus 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. Legal Action Against Us No person or organization has a right under this Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form All rights reserved b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d Ifthe loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 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 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for Copyright ISO Properties Inc. 2003 CG 00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. We have issued this policy in reliance upon your representations. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. Asif each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this 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. SECTION V DEFINITIONS 1 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form All rights reserved b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in 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 a. above 2 The activities of a person whose home is in the territory described in 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 a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract TCopyight ISOProperties Inc 2003 CG00011204 Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. b. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 12. Mobile equipment means any of the following types of land vehicles including any 13. 14. attached machinery or equipment a. 20 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved Commercial General Liability Coverage Form | 1 |
ADMIRAL 255555 Commercial General Liability Coverage Form 15. 16. g False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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 Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL fw el Commercial General Liability Coverage Form 17. 18. 19. 20. 21. 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. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
ADMIRAL ge. Commercial General Liability Coverage Form a. 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 wamings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work 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. 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 wamings or instructions. Commercial General Liability Coverage Form Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved | 1 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Contractors Pollution Liability Policy The insurance company shown in the Declarations hereinafter the Company in consideration of the payment of the premium and the undertaking of the named insured to pay the Deductible described hereunder in reliance upon all representations and warranties contained in the application attached hereto and made a part of this Policy including any addendum or addenda thereto and subject to all provisions of this Policy subsequently set forth agrees with the named insured as follows I. INSURING AGREEMENTS A. COVERAGE AND DEFENSE The Company shall pay on behalf of the insured those damagesfor bodily injury or property damage in excess of the Deductible that the insured becomes legally obligated to pay 1. Ifthe damages result from a pollution condition at any site where any insured or any independent contractor working on behalf of any insured is performing or has performed any contracting or remediation operations anywhere in the world and 2. Ifthe pollution condition is first incurred during the policy period of this Policy. 3. Ifon or prior to the effective date of this Policy no insured had any knowledge of any circumstances which could reasonably be expected to give rise to a claim and 4. Ifthe pollution condition was unexpected and unintended from the standpoint of the insured. The Company will pay all claims expenses in excess of the Deductible for all claims covered under the terms of this Policy. The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the United States of America its territories or possessions or Canada falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy If a claim is made against any insured such as is described in the immediate foregoing other than in the United States of America its territories or possessions or Canada the Company shall have the right but not the duty to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim the named insured under the supervision of the Company shall have the duty to make or cause to be made such investigation and defense as are necessary and subject to prior authorization by the Company effectuate settlement. In such eventuality the Company shall indemnify the named insured for claims expenses incurred and damages and supplementary payments paid in excess of the Deductible. The Company shall have the exclusive right hereunder to negotiate and effectuate the settlement of all claims as it deems expedient whether under or in excess of the Deductible but it shall not commit the named insured to any settlement without the named insured s consent. If however the named insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith the Company s liability shall be limited to the sum of the amount for which the claim could have been settled and all claims expense incurred up to the time of such refusal which is in excess of the Deductible. The Company s duty to provide for the defense of any insured to pay damages on behalf of any insured or to make any payment pursuant to Section I.B. Supplementary Coverages and Payments shall immediately terminate 1. Ifthe Limits of Insurance of this Policy become exhausted by payment of damages or claims expenses or 2. Ifthe named insured fails to fulfill its Deductible obligation as imposed by Section IV. Deductible or 3. Ifthe application attached hereto and made a part of this Policy including any addendum or addenda thereto contains any material misrepresentation of fact. B. SUPPLEMENTARY COVERAGES AND PAYMENTS With respect to such insurance as is afforded by this Policy the Company shall pay in addition to the applicable limit of liability all of the following 1. All premiums on bonds to release attachments and appeal bonds limited to that portion of such bond that does not exceed the limit of liability of this Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Policy but without any obligation of any kind upon the Company to apply for secure or furnish any such bonds. Pre judgment interest and post judgment interest on the full amount of any judgment that accrues after entry of the judgment and before the Company has paid offered to pay or deposited in court the part of the judgment that is covered and within the applicable Per Claim or Aggregate Limit of Liability. However the maximum amount of pre judgment or post judgment interest the Company will pay under this Policy will be the portion of pre judgment or post judgment interest accrued on damages covered by this Policy. All reasonable expenses incurred by any insured at the Company s request in assisting the Company in the investigation and defense of any claim other than loss of earnings salaries or other compensation paid to the named insured s officers or employees except as provided in Paragraph 5. below. All costs assessed against any insured in any suit covered under this Policy. Defendant s Reimbursement The Company will pay an amount of 500 to each insured for each day or part of a day that any insured attends as a witness at any trial deposition or interrogatory at which the Company has requested the insured s attendance or when such attendance is required by the court. This payment shall only apply to appearances involving claims against an insured. The maximum amount payable for all such appearances made during the policy period shall not exceed 5000 as a total aggregate regardless of how many appearances are actually made during the policy period or how many different insureds make appearances and regardless of any other fact circumstance or situation. Coverage for fines or penalties The Company will reimburse the named insured for the amount of any fine or penalty which is levied against any insured and is paid by the insured during the policy period by the Environmental Protection Agency any state or local environmental regulatory agency or any other governmental official or regulatory agency or any court. The maximum total amount the Company will pay for reimbursement for all fines or penalties combined which are levied and paid during the policy period will be 50000 regardless of the actual number of fines or penalties levied or paid or the actual amount of any fine and regardless of any other fact or circumstance. Reimbursement shall not be available whenever the applicable law provides that a particular fine or penalty is uninsurable as a matter of law. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy For Supplementary Coverages numbers 7. 8. 9. and 10. below it is agreed that any and all payments made for any of these shall be included within and shall not be in addition to the applicable limit of liability. 7. Automatic coverage for newly formed or acquired entities The coverage provided under this Policy shall apply on behalf of any entity which is newly formed or newly acquired by the named insured subsequent to the inception date of the policy period. Coverage shall be provided only to those newly formed or newly acquired entities for which as of the date of formation or acquisition the named insured directly owns fifty percent 50 or more of the outstanding stock or other equity or ownership interest. It is agreed that there shall only be coverage for those claims that arise from pollution conditions which arise subsequent to the date of formation or acquisition. The named insured agrees to advise the Company of any newly formed or acquired entity within ninety 90 days of the date of formation or acquisition. The named insured agrees to accept any coverage terms or reasonable additional premium which the Company may require relative to the newly formed or acquired entity. Coverage for indemnification of clients Whenever any written contract or written job specifications provide that the named insured shall indemnify the client for or hold the client harmless or free from any damages or claims expense which are due to a pollution condition which arises out of the named insured s operations the Company will pay on behalf of the named insured those damages or claims expense that must be paid to indemnify the client. Vicarious liability coverage The coverage provided under this Policy shall apply on behalf of all insureds for pollution conditions arising out of operations performed by any entity or individual for whom any insured is legally liable as long as the operations were performed on or after the effective date shown on the Policy Declarations Page or on an endorsement to the Policy but prior to the end of the policy period.. Response costs coverage In accordance with and in support of the duties of the named insured to mitigate damages as described in Section VI Conditions Paragraph G. Mitigation the Company will reimburse the named insured for all costs expended by the named insured in fulfilling the named insured s duties of mitigation subject to the following limitations Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy a. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured in efforts to abate stop prevent or reduce the damages emanating from a pollution condition caused directly or indirectly by any insured. b. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured on or after the date that the named insured first becomes aware of the pollution condition until that date that the named insured first has a reasonable opportunity to report the incident circumstances or claim to the Company. c. Nothing in this provision shall in any way alter modify or change the duty of the named insured to give notice of claims to the Company pursuant to Section VI Conditions Paragraph A. Notice of Claim. DEFINITIONS Bodily Injury Claim Claim Expenses Damages Words and phrases in italics in this Policy have the following special meaning. The term Bodily injury means sickness disease mental anguish or shock sustained by any person including death resulting therefrom caused by a pollution condition arising out of the performance by any insured of operations covered by this policy. The term claim means an oral or written notice to the named insured from any party intending to hold any insured responsible for damages arising out of a pollution condition. The term claim expenses shall mean all costs charges and expenses resulting from the adjustment appraisal investigation defense settlement arbitration or appeal of any claim covered by the terms and conditions of this Policy if such costs charges and expenses are incurred by the Company an attorney designated by the Company or by any insured with the written consent of the Company except that it shall not include the costs of investigating or administering any claim by employees of the Company or loss of earnings incurred by any insured in investigating defending settling arbitrating or appealing any claim at the Company s direction except as provided in Section I.B. Supplementary Coverages and Payments Paragraph 5. Defendant s Reimbursement. The term damages shall mean a judgment award or settlement monetarily compensating a claimant for a claim covered by the terms and conditions of this policy and shall include damages based upon emotional distress. Damages also includes any loss due to diminuation in value or loss of use of land property or buildings. Damages does not include any of the following 1. Any administrative civil or criminal fines sanctions taxes or penalties whether pursuant to law or statute except to the extent coverage for Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 Bodily Injury Claim Claim Expenses Damages | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Insured reimbursement for fines or penalties is provided under Section I.B. Supplementary Coverages and Payments Paragraph 6 Coverage for fines or penalties Restitution reduction disgorgement set off return or payment of any form of any consulting fees or payments or any other costs expenses or charges Any loss of income or revenue to the named insured regardless of the cause or reason for the loss of income or revenue except as provided in Section 1B. Supplementary Coverages and Payments Paragraph 5. Defendant s reimbursement Any form of non monetary judgments or relief including but not limited to specific performance or any injunctive relief of any kind Any amount of any civil judgment which is or represents any multiple of any kind of damage award including but not limited to the two thirds portion of any award of treble damages. The term Insured means 1 2. The named insured and A director or officer of the named insured but only while acting in their respective capacity as such and An employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured in the employee s capacity as such and A former director officer or employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured prior to the termination of that respective capacity and The current spouse of any current owner director or officer of the named insured and The heirs executors administrators and legal representatives of each insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each insured as otherwise covered by this Policy and A limited liability company if the named insured or any other insured exists as such along with all past and present members of any such limited liability Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 Insured | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy Named Insured Policy Period Policy Year Pollution Condition Property Damage Waste company but only with respect to professional services performed or failed to have been performed on behalf of the named insured. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. The term named insured shall mean the proprietor partners or organization specified in the Declarations. The term policy period means the period set forth in the Declarations or any shorter period arising as a result of cancellation. The term policy year means the separate annual year period whenever the policy period set forth in the Declarations is either for a two or three year time period. The term pollution condition means the discharge dispersal release or escape of smoke vapors fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water which results in bodily injury or property damage. A continuous related repeated or similar series of discharges dispersals releases or escapes of pollutants at or from a site shall constitute a single pollution condition. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Term property damage means 1. Physical injury to or destruction of tangible property including the resulting loss of use thereof and 2. Costs expended by the named insured to evaluate investigate clean up remediate or monitor any environmentally contaminated site. 3. Loss of use of tangible property that has not been physically injured or destroyed provided that such physical injury or destruction clean up costs andor loss of use are caused by a pollution condition arising out of the performance by the named insured of operations insured by this policy. The term waste means any discarded materials of any kind including those materials to be recycled reconditioned reclaimed or disposed of. Waste Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy lll. LIMITS OF INSURANCE A. MAXIMUM LIMITS OF LIABILITY The Company s maximum Limit of Liability hereunder shall not exceed the separate limits of liability for damages and claims expenses specified in the Declarations irrespective of the following 1 2. The number of claims made or The number of persons or organizations making claims or The number of persons covered hereunder or The number of pollution conditions which arise or The types of damages awarded. B. SEPARATE AND SPECIFIC LIMITS OF LIABILITY As specified in the Declarations 1 The Damages Limit for Each Clain amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for damages that arise out of any one claim The General Aggregate Limit for Damages Other than Products Completed Operations amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for all damages arising from covered claims other than those included in the products completed operations hazard The Claims Expense Limit for Each Claim amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise out of any one claim that is covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts The Claims Expense Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise from covered claims that are covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy The Limits of Insurance 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. If this Policy and any other Policy providing coverage by the Company or any affiliate company apply to the same pollution condition or series of related pollution conditions the aggregate maximum Limit of Liability payable under all of the policies combined shall be limited to the amount of the highest applicable Limit of Liability payable under any one of the policies. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Limits of Insurance shown in the Declarations shall apply in excess of the Deductible amount shown in the Declarations. IV. DEDUCTIBLE As respects each claim first made against the insured the named insured shall be responsible for payment for that amount of damages or claims expenses indicated in the Declarations as the Deductible amount. The Company shall not be responsible to make any payments for either damages or claims expenses or any coverage or payment provided pursuant to Section L.B. Supplementary Coverages and Payments unless and until the full amount of the Deductible has been paid by the named insured. Should the Company for any reason pay the entire amount of damages claims expenses or supplementary payments without regard to the Deductible amount the insured will reimburse the Company within 30 days of the Company s request for such reimbursement for that part of the Deductible Amount which has been paid. V. EXCLUSIONS The Company shall have no obligation whatsoever under this Policy to make any payment of any kind for either damages claims expenses or any coverage or payment provided pursuant to Section I.B. Supplementary Coverages and Payments or to arrange for provide or pay for any defense for Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy A. Any claim by any past or present insured against any insured however this exclusion does not apply to additional insureds under this policy or B. Any claim made by or on behalf of any business enterprise not shown on the Declarations 1. Which is was or will be owned in whole or in part by any past or present insured or 2. Which owned in whole or in part at any time the named insured or C. Any claim arising from any insured s intentional willful or deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of a governmental agency or body or D. Any claim arising from an illegal dishonest fraudulent criminal or malicious act by any insured or E. Any claim which arises from or is related to any collision or accident involving an automobile truck boat watercraft airplane helicopter or other aircraft or vehicle of any kind or type or F. Any claim arising from any of the following relative to a contract any insured has entered into with a client 1. Any assumption of the client s sole negligence or legal liability by or 2. Any failure by any insured to perform or provide a good or service by a date stipulated in a contract with a client or 3. Any liquidated or stipulated damages under a contract with a client of any insured unless the same type of damages would attach without the existence of the contract or G. Any obligation of any insured under workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law or H. Any claim for wrongful termination discrimination or any unfair employment practices or 1. Any claim arising out of any waste or other kind of products or materials transported shipped or delivered via any automobile aircraft watercraft or Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy rolling stock to any location located beyond the boundaries of a site at which any insured has performed any contracting or site remediation services. J. Any claim for any property damage to any real or personal property that was owned in whole or in part or was rented occupied or in the care custody or control of any insured at any time. VI. CONDITIONS A. NOTICE OF CLAIM In the event of a claim or any insured s knowledge of circumstances which could reasonably be expected to give rise to a claim the named insured shall have the duty to provide written notice to the Company as soon as practicable. This written notice shall be given whether or not the named insured believes that the claim or incident giving rise to the insured s knowledge will resultin a demand that falls under or in excess of the Deductible. Written notice shall be given to the insurance company shown in the Declarations in care of Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 6 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 Such written notice must contain complete details including but not limited to the exact date the claim was made location circumstances giving rise to such claim the name of all claimants and a full description of the nature and scope of the allegations. These duties of the insured hereunder shall be non delegable. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy B. COOPERATION AND ASSISTANCE OF THE INSURED Each insured shall have the duty to fully cooperate with and assist the Company with respect to the investigation defense settlement arbitration or appeal of any claim. No insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance except as provided in Section I.B. Supplementary Coverages and Payments Paragraph 5. Defendant s Reimbursement nor shall such loss of earnings apply towards the satisfaction of the Deductible. C. ACTIONS PREJUDICIAL TO THE COMPANY In the event of a claim no insured shall undertake any of the following actions without the Company s prior written consent 1. Engage counsel to provide legal representation or 2. Assume any obligation other than the reasonable efforts required to satisfy the duty to mitigate damages as provided in Section VI. Conditions Paragraph G. Mitigation or 3. Forgive reduce in amount or otherwise compromise any compensation owed or allegedly owed the named insured or 4. Admit or in any manner acknowledge liability or 5. Effectuate or attempt to effectuate settlement including but not limited to entering into a consent decree involving the assignment of the insured s interest under this Policy. Any of the foregoing actions by the insured shall be deemed to materially prejudice the Company s rights. D. SUBROGATION If the Company pays an amount hereunder as damages claims expense or as any payment under Section I.B. Supplementary Coverages and Payments or any combination thereof it shall be subrogated to all of each insured s rights of recovery against any person firm or organization. All insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No insured shall waive or prejudice such rights either prior or subsequent to any claim. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy E. ACCEPTANCE By acceptance of this Policy the named insured hereby confirms that all provisions hereof including all endorsements and the application attached hereto and made a part of this Policy embody all agreements existing between the named insured and the Company and supersede any prior agreements whether expressed or implied. F. MITIGATION The named insured shall make all reasonable efforts to abate stop prevent or reduce the damages emanating from any pollution condition resulting directly or indirectly from any operations performed by any insured. It is agreed that these efforts shall commence immediately upon discovery or notice of the pollution condition by any insured. These efforts must include mitigating alleviating or otherwise limiting the damages which could result from the pollution condition. Such efforts must be undertaken even in the absence of a claim. G. NO ACTION AGAINST COMPANY No action shall lie against the Company unless as a condition precedent thereto each insured has fully complied with all the provisions of the Policy or until the amount of the named insured s obligation to pay has been finally determined either by written agreement of the named insured the claimant and the Company or by final judgment against the named insured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or if an appeal has been taken then until after such appeal has been determined. H. AUDIT The Company shall have the right to examine or audit all financial records of the named insured for the purpose of ascertaining the accuracy of the income or revenue stated in the application. I. NONRENEWAL The Company may non renew this policy by mailing or delivering to the named insured at the address stated on the Declarations Page written notice of nonrenewal at least thirty 30 days before the expiration date of this policy. The Company shall have the right to offer renewal policy terms conditions or premium amounts different than those in effect prior to renewal this does not constitute non renewal. Copyright 2000 Freberg Environmental Inc. Allrights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy Contractors Pollution Liability Policy J. APPLICATION IS INCORPORATED INTO AND IS PART OF POLICY The named insured acknowledges and agrees that 1. The warranties and representations contained in the Application for this Policy are true correct and complete and 2. The Company issued this Policy in specific reliance upon the representations contained in the Application and 3. The Application is incorporated into and is part of this Policy. K. OTHER INSURANCE If any part of either damages or claims expenses is insured under this Policy and any other current prior or subsequent Policy this Policy shall provide coverage for such damages or claims expenses on a pro rata basis with such other Policy according to the applicable Limits of Liability of this Policy and such other Policy. L. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies 1. Asifeach Named Insured were the only Named Insured and 2. Separately to each insured against whom claim is made or suit is brought. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 1 Minimum Earned Premium Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. It modifies insurance provided under the Environmental Impairment Liability Policy. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following All coverage parts in this Policy. This Policy is subject to a minimum earned premium. If this Policy is canceled at your request you agree with us e that the minimum earned premium for this Policy is 25 of the Total Premium e that such minimum earned premium is not subject to short rate or pro rate or adjustment and e that cancellation for non payment of premium after the effective date of the Policy shall be deemed a request by you for cancellation of this Policy and will activate this minimum earned premium provision. e Inthe event of cancellation of this Policy by the Named Insured after this Policy has been in effect for more than 90 days the return premium due if any shall be computed at a rate equal to ninety percent 90 of the pro rata unearned policy premium subject however to final premium adjustment in accordance with our rules and rates. Al other terms and conditions remain the same. EIL075 0712 EIL075 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 Common Policy Conditions Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of the premium charged and notwithstanding anything contained in this policy to the contrary it is hereby agreed that all coverage parts included in this policy are subject to the following conditions Al CANCELLATION The named insured may cancel this policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Company may cancel this policy by mailing to the named insured at the mailing address specified the Declarations written notice stating when not less than thirty 30 days thereafter such cancellation shall become effective except in the event of the named insured s nonpayment of premium not less than ten 10 days advance notice of cancellation shall be given. The mailing of notice as aforesaid shall be sufficient proof of either party s intent to cancel. The effective date of cancellation specified in such notice shall terminate this policy period. Delivery of such notice shall be equivalent to mailing. If the named insured cancels the earned premium shall be computed in accordance with the customary short rate table. If the Company cancels the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25 of the amount specified in the Declarations. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter but tender of the unearned premium or return of this policy shall not be conditions precedent to cancellation hereunder. CHANGES No provision of this policy may be amended waived or otherwise changed except by endorsement hereto. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three 3 years afterward. INSPECTIONS AND SURVEYS We have the right but are not obliged to 1. Make inspections and surveys at any time and 2. Give you reports on the conditions we find and 3. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that conditions 1. Atre safe or healthful or 2. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service engineering firm or similar organization which makes insurance inspections surveys reports or recommendations. NAMED INSURED AS AGENT The named insured specified in the Declarations shall be deemed agent of each insured with respect to all matters involving this policy however the Company shall have the right to seek indemnification from any insured or any other person who may be legally liable for the debts of the named insured. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 2 PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay and 3. Is responsible for the payment of all deductibles and self insured retention amounts under this policy. ADDITIONAL PREMIUMS If during this policy period an increase in the risk or hazards covered hereunder occurs the Company shall have the right to charge the appropriate additional premium. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. BANKRUPTCY Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. ECC315 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 3 Nuclear Energy Liability Exclusion This endorsement effective 8292016 attaches to and forms a part of Policy Number FEI PPL17496 03. This endorsement changes the Policy. Please read it carefully. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the harzardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Medical Paymenis coverage to expenses incurred with respect to bodily injury resulting from the hazardous propertics of nuclear materi arising out of the operation of a nuclear facility by any person or organization.. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1. The nuclear material is a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this ECC316 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 3 exclusion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this endorsement Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a. Any nuclear reactor b. Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any of the combination thereof or more than 250 grams of uranium 235 or d. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. ECC316 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 4 Deductible Liability Insurance Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COVERAGE AMOUNT BASIS OF DEDUCTIBLE Per Claim Per Occurrence Bodily Injury Liability Not applicable Not Applicable Property Damage Liability Not applicable Not Applicable Bodily Injury Property Damage S. Not applicable Liability Combined 5000 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Our obligation under the Bodily Injury Liability and Property Damage Liability coverage parts to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts state in the Schedule above as applicable to such coverage. B. Deductible amounts may be on either a Per Claim or Per Occurrence basis. The deductible applies to the coverage option and to the basis of the Deductible indicated by the placement of the Deductible amount in the Schedule above. The Deductible amount stated in the Schedule above applies as follows 1. Per Claim Basis If the Deductible amount indicated in the Schedule above is on a Per Claim basis that Deductible applies as follows a. Under Bodily Injury Liability coverage to all damages sustained by any one person because of bodily injury or b. Under Property Damage Liability coverage to all damages sustained by any one person because of property damage or ECC317 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 4. Under Bodily Injury Property Damage Liability Combined to all damages sustained by any one person because of 1 bodily injury or 2 property damage or 3 bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate Deductible amount will be applied to each person making a claim for such damages. With respect to property damage the definition of person includes an organization. 2. Per Occurrence Basis If the Deductible amount indicated in the Schedule above is on a per occurrence basis that Deductible amount applies as follows a. Under Bodily Injury Liability coverage to all damages because of bodily injury or b. Under Property Damage Liability coverage to all damages because of property damage or. Under Bodily Injury Liability and Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury or 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the Insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application to the Deductible amount. D. We may pay any part or all of the Deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the Deductible amount as has been paid by us. E. This endorsement does not apply to COVERAGE C. MEDICAL PAYMENTS. ECC317 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 5 ADMIRAL 2 Automatic Additional Insured Owners Lessees or Contractors This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of 0 this endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Any persons or organizations whom the Named Insured agrees in a written contract to name as an additional insured. However this status exists only for the project specified in that contract. Crest Industrial Chemicals Inc. Endorsement Number 5 The person or organization shown in this Schedule is included as an insured but only with respect to that person s or organization s vicarious liability arising out of your ongoing operations performed for that insured. ECC319 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 6 ADMIRAL 2 Automatic Waiver of Subrogation Endorsement This endorsement effective 8292016 attaches to and forms a part of Policy Number FEL PPL17496 03. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Crest Industrial Chemicals Inc. Endorsement Number 6 Any persons or organizations to whom the Named Insured agrees in a written contract to provide a waiver of subrogation. However this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured s work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC320 0712 | 2 |
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