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nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 7 CLAIM NOTICE THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY. In the event of claim to which this policy may apply please give notice in accordance with the terms and conditions of the policy form and in any of the following ways to Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 8 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 E mail is the preferred method of receiving claim notice information but any of the above methods of notification will generate an acknowledgement of receipt of claim with a claim number and all of the claim adjusters contact information. ECC322 0713 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 8 ADMIRAL 2 Exclusion Engineers Architects or Surveyors Professional Liability 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 The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section I Coverages and paragraph 2. Exclusions of COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Section I Coverages This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the rendering of or failure to render any professional services by you or performing work on your behalf in such capacity. Professional services include Crest Industrial Chemicals Inc. Endorsement Number 8 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory inspection architectural or engineering activities. CG 22430196 Copyright Insurance Services Office Inc. 1994 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 9 Products Pollution Coverage 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. It is agreed that the following is added to the Environmental Impairment Liability Coverage Form I. Insuring Agreements Coverage COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured e Liabilities for Property Damage to a Third Party o Liabilities for Bodily Injury to a Third Party e Defense Expenses occurring away from premises owned or rented by nsured and arising out of Product Pollution Conditions which are caused by Products commenced during the Policy Period or after the Retroactive Date if any occurred within the coverage territory and were Discovered and reported to the Company during the Policy Period the Automated Extended Reporting Period or Optional Extended Report Period if any. Coverage will apply only if the Product has not at any time been a Discarded dumped abandoned thrown away or b Transported handled stored treated disposed of or processed as waste by anyone. Further coverage will not apply to a Claims which do not result from a defect or malfunction of the Product as it was originally designed or b Claims which result from the Product performing as it was intended to perform EIL113 0413 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 9 ADMIRAL The following definitions are added to section II. Definitions Product The term Product means Any goods or products other than real property manufactured sold or distributed by a the Insured or b a person or organization whose business or assets which the Insured has acquired Product Pollution Conditions The term Product Pollution Conditions means the gradual or sudden unintended discharge dispersal release or escape of Pollutants. Crest Industrial Chemicals Inc. Endorsement Number 9 EIL113 0413 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 10 U. S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous e Foreign agents e Front organizations e Terrorists e Terrorist organizations and e Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s website httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Admiral Insurance Company Copyright Insurance Services Inc. 2004 PN0001 00107 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 11 ADMIRAL TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Crest Industrial Chemicals Inc. Endorsement Number 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit the Company from providing insurance including but not limited to the payment of claims. All other terms and conditions of policy remain unchanged. PN0002 1215 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 12 Contingent Transportation Coverage 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. The Environmental Impairment Liability Coverage Form I. Insuring Agreement is deleted in its entirety and replaced by the following 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 e Cleanup Costs of the Insured e Liabilities for Property Damage to a Third Party including Cleanup Costs e Liabilities for Bodily Injury to a Third Party and Defense Expenses e Contingent Transportation Liabilities 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. Further the following definitions are added to section I Definitions Contingent Transportation The term Contingent Transportation means the movement by a Carrier of the Insured s products or waste generated by the Insured after a Carrier leaves the Scheduled Locations until the Insured s waste is unloaded at its final disposal point or Insured s product is delivered at its final delivery point. Al other terms and conditions remain the same. EIL031 0712 EIL031 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 13 Named Insured 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. In consideration of additional premium of 0 it is hereby agreed that the following entityies isare included as Additional Named Insureds Named Insureds Crest Industrial Chemicals Inc. 1737 County Road 57 Rosharon TX 77583 Crest Industrial Sales Inc. 1737 County Road 57 Rosharon TX 77583 Correia Holdings Inc. 1737 County Road 57 Rosharon TX 77583 EIL085 0712 All other terms and conditions remain the same. | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 14 ADMIRAL 2 Non Owned Disposal Site Coverage 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. The Environmental Impairment Liability Coverage Form I. Insuring Agreements is deleted in its entirety and replaced with the following 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 e Liabilities for Bodily Injury or Property Damage at Non Owned Disposal Sites 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. Crest Industrial Chemicals Inc. Endorsement Number 14 In addition it is hereby agreed that the Environmental Impairment Liability Coverage Form II. Definitions Liabilities is deleted in its entirety and replaced with the following 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 EIL096 0513 All other terms and conditions remain the same. EIL096 0513 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 14 Property Damage Cleanup Cost or Non Owned Disposal Sites. Scheduled Non Owned Disposal Sites Any location that accepts the Insured s wastes or recyclable materials and e s properly permitted by applicable federal state or local regulatory agencyies to accept the Insured s wastes and e s not listed on the CERCLA information system CERCLIS as defined by 40 CFR Part 300.5 of the Code of Federal Regulations or any equivalent state or local programs The retroactive date applicable to this endorsement is 8292013. If no date appears the retroactive date shown on the declarations page shall apply. Al other terms and conditions remain the same. EIL096 0513 EIL096 0513 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 Exclusion Of Terrorism 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 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STORAGE TANK ENVIRONMENTAL IMPAIRMENT LIABILITY COVERAGE PART A. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following O 3 Use or threat of force or violence or Commission or threat of a dangerous act or Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies O 2 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. CG 21900106 ISO Properties Inc. 2004 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 B. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism L. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs B.5. or B.6. are exceeded. CG 21900106 ISO Properties Inc. 2004 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 15 With respect to this Exclusion Paragraphs B.5. and B.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part or Policy. CG 21900106 ISO Properties Inc. 2004 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 16 ADMIRAL e Hired and Non Owned Auto Liability Coverage 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 an additional premium of 0 and notwithstanding anything contained in this policy to the contrary it is hereby agreed that this insurance applies only to that coverage for which specific limits of insurance are shown COVERAGE NON OWNED AUTO LIABILITY HIRED AUTO LIABILITY LIMITS OF INSURANCE 1000000 Each Occurrence 1000000 Aggregate included in General Aggregate of Policy HIRED AUTO LIABILITY The insurance provided under this policy applies to bodily injury or property damage arising out of the maintenance or use of a hired auto by you or your employee in the course of your business. NON OWNED AUTO LIABILITY The insurance provided under this policy applies to bodily injury or property damage arising out of the use of a non owned auto in your business by any person other than you. With respect to the insurance provided by this endorsement 1. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions items c. e. g. h. i. j k. m. n. and o. are deleted and replaced by the following a. Bodily injury 1 To an employee of the insured arising out of and in the course of employment by the insured or 2 To the spouse child parent brother or sister of that employee as a consequence of 1 above. Crest Industrial Chemicals Inc. Endorsement Number 16 1000000 1000000. ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 16 b. 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 injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or 2 Bodily injury to domestic employees not entitled to worker s compensation benefits. Property damage 1. To any vehicle rented or hired under a written rental contract or agreement or 2. To property owned or transported by the insured or in the insured s care custody or control. 2. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II WHO IS AN INSURED is deleted in its entirety with respect to coverage afforded by this endorsement and replaced by the following Each of the following is an insured under this insurance to the extent set forth below a. You b. Any other person using a hired auto with your permission c. With respect to a non owned auto any partner or executive officer of yours but only while such non owned auto is being used in your business d. Any other person or organization but only with respect to their liability because of acts or omissions of an insured under a. b. or c. above. of the following is an insured under this insurance a. Any person engaged in the business of his or her employer with respect to bodily injury to any co employee of such person injured in the course of employment Any partner or executive officer with respect to an auto owned by such partner or executive officer or a member of their household Any person while employed in or otherwise engaged in duties in connection with an auto business other than an auto business you own or operate The owner or lessee of whom you are a sublessee of a hired auto or the owner of a non owned auto or any agent or employee of any such owner or lessee ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 16 e. Any person or organization 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. DEFINITIONS The following additional definitions apply to coverage provided by this endorsement 1. Auto business means the business or occupation of selling repairing servicing storing or parking autos. 2. Domestic employees are persons engaged in household or domestic work performed principally in connection with a residence premises. 3. Hired auto means any auto you lease hire or borrow. This does not include any auto you lease hire or borrow from any of your employees or members of their households or from any of your partners or executive officers. 4. Non owned auto means any auto you do not own lease hire or borrow which is used in connection with your business. However if you are a partnership a non owned auto does not include any auto owned by any partner. ECC353 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 Employee Benefits Liability Declarations Policy No. FEI PPL17496 03 POLICY TERM Effective 8292016 Expiration 8292017 NAMED INSURED AND ADDRESS Crest Industrial Chemicals Inc. 1737 County Road 57 Rosharon TX 77583 RETROACTIVE DATE Section I of this insurance does not apply to negligent acts errors or omissions which occur before the following Retroactive Date if any 8292013 LIMITS OF INSURANCE Aggregate Limit 1.000.000 Each Employee Limit 1.000.000 DEDUCTIBLE The deductible is 10000. This reduces the Limit of Insurance shown as applicable to Each Employee Limit. PREMIUM NO. OF EMPLOYEES RATE PER EMPLOYEE ESTIMATED PREMIUM 20 Not Applicable first 5000 0 next 5.000 RATE PER EMPLOYEE Not Applicable DYEE le first 5000 next 5000 over 10000 Minimum Premium Advance Premium ESTIMATED PREMIUM 30 gl ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM This form provides claims made coverage. Please read the entire form carefully. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION II WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII DEFINITIONS. SECTION I COVERAGE 1. Insuring Agreement. A. We will pay those sums that the insured becomes legally obligated to pay as damages because of any negligent act error or omission of the insured or of any other person for whose acts the insured is legally liable. The negligent act error or omission must be committed in the administration of your employee benefit program. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. This insurance does not apply to any negligent act error or omission which occurred before the Retroactive Date if any shown in the Declarations or which occurs after the policy expires. The negligent act error or omission must take place in the coverage territory. We will have the right and duty to defend any suit seeking those damages. But 1. The amount we will pay for damages is limited as described in SECTION III LIMITS OF INSURANCE 2. We may at our discretion investigate any report of a negligent act error or omission and settle any claim or suit that may result and ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 3. Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. B. This insurance applies to any negligent act error or omission of the insured but only if a claim for damages because of the negligent act error or omission is first made against any insured during the policy period. 1. A claim by a person or organization seeking damages will be deemed to have been made when notice of such claim is received and recorded by any insured or by us whichever comes first. 2. All claims for damages sustained by any one employee including the employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 1L Exclusions. This insurance does not apply to A. Loss arising out of any dishonest fraudulent criminal or malicious act or omission committed by any insured Bodily injury property damage or personal injury Loss arising out of failure of performance of contract by any insured Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program Any claim or suit based upon 1. Failure of any investment to perform as represented by an insured or 2. Advice given to any person to participate or not to participate in any plan included in the employee benefit program ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 Loss arising out of your failure to comply with the mandatory provisions of any law concerning workers compensation unemployment insurance social security or disability benefits. Loss for which the insured is liable because of liability imposed on a fiduciary by the Employee Retirement Security Act of 1974 as now or hereafter amended or. Loss or damage for which benefits have accrued under the terms of an employee benefit plan to the extent that such benefits are available from funds accrued by the insured for such benefits or from collectible insurance notwithstanding the insured s act error or omission in administering the plan which precluded the claimant from receiving such benefits. 1II. Supplementary Payments. We will pay with respect to any claim or suit we defend A. B. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 100 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 made 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. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 These payments will not reduce the limits of insurance. SECTION II WHO IS AN INSURED 1. Ifyou are designated in the Declarations as A. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. B. A partnership or joint venture you are an insured. C. An organization other than a partnership or joint venture you are an insured. Your directors and stockholders are also insureds but only with respect to their liability as your directors or stockholders. 1L Each of the following is also an insured A. Each of your partners executive officers and employees who is authorized to administer your employee benefit program. B. 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. III. Any organization you newly acquire or form other than a partnership or joint venture and over which you maintain ownership or majority interest will be deemed to be 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 and B. Coverage under this provision does not apply to any negligent act error or omission that occurred 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 or joint venture that is not shown as a Named Insured in the Declarations. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 SECTION III 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 C. Persons or organizations making claims or bringing suits D. Acts errors or omissions which result in loss or E. Plans included in your employee benefit program. II. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions committed in the administration of your employee benefit program. III. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including the employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit program. The limits of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEDUCTIBLE Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in Item 4 of the Declarations as applicable to Each Employee. The limits of insurance applicable to Each Employee will be reduced by the amount of this deductible. The Aggregate limit shall not be reduced by the application of such deductible amount. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 1. The deductible amount stated in the Declarations applies to all damages sustained by an employee because of an act error or omission covered by this insurance. III. The terms of this insurance including those with respect to A. Ourright and duty to defend any suits seeking those damages and B. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. IV. 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. SECTION V EMPLOYEE BENEFITS 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. II. Duties In The Event Of Act Error Or Omission Claim Or Suit. A. Youmust see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. Notice should include 1. What the act error or omission was and when it occurred and 2. The names and addresses of any employees who may suffer damages as a result of the act error or omission. Notice of an act error or omission is not notice of a claim. B. Ifaclaim is received by any insured you must 1. Immediately record the specifics of the claim and the date received and ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 2. Notify us as soon as practicable. You must see to it that we receive written notice of the claim as soon as practicable. C. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit Authorize us to obtain records and other information Cooperate with us in the investigation settlement or defense of the claim or suit and 4. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of damage to which this insurance may also apply. D. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense without our consent. III. Legal Action Against Us. No person or organization has a right under this Coverage Part A. To join us as a party or otherwise bring us into a suit asking for damages from an insured or B. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 V. Other Insurance. If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows A. Primary Insurance. This insurance is primary except when paragraph 4. of Section VI Extended Reporting Periods 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 b. below. B. 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. V. Premium Audit. A. We will compute all premiums for this Coverage Part in accordance with our rules and rates. B. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 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. VI. Representations. By accepting this policy you agree A. The statements in the Declarations are accurate and complete B. Those statements are based upon representations you made to us and C. We have issued this policy in reliance upon your representations. VII.Separation of Insureds. Except with respect to the Limits of Insurance and any rights or duties specifically assigned 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. VIILTransfer 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. IX. Cancellation Non renewal Renewal and Reduction or Deletion of Coverage. The following conditions also apply to this Coverage Part All conditions relating to cancellation non renewal renewal and reduction or deletion of coverage which would apply to a Commercial General Liability Coverage Part attached to this policy. ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 SECTION VI EXTENDED REPORTING PERIODS 1. We will provide an automatic Extended Reporting Period as described in paragraph 3. or if you purchase it an Extended Reporting Period Endorsement as described in paragraph 4. only if A. This Coverage Part is cancelled or not renewed for any reason or B. We renew or replace this Coverage Part with other insurance that has a Retroactive Date later than the one shown in this Coverage Part s Declarations. 1. Ifwe provide an Extended Reporting Period the following is added to paragraph 1.b. of SECTION I INSURING AGREEMENT Section 1 A claim first made during the Extended Reporting Period will be deemed to have been made on the last day of the policy period provided that the claim is for damages because of an act error or omission that occurred before the end of the policy period of this policy but not before any applicable Retroactive Date. The Extended Reporting Period will not reinstate or increase the Limits of Insurance or extend the policy period. III. The automatic Extended Reporting Period will be for 60 days starting with the end of the policy period of this policy. This automatic Extended Reporting Period applies only if no subsequent insurance you purchase applies to the claim or would apply but for the exhaustion of its applicable limit of insurance. This automatic Extended Reporting Period may not be cancelled. IV. If you purchase the optional Extended Reporting Period Endorsement the Extended Reporting Period will be for one year starting with the end of the policy period of this policy. We will issue that Endorsement if the first Named Insured shown in the Declarations ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 A. Makes a written request for it which we receive within 60 days after the end of the policy period and Promptly pays the additional premium when due. The Extended Reporting Period Endorsement will not take effect unless the additional premium is paid when due. If that premium is paid when due the endorsement may not be cancelled. The Extended Reporting Period Endorsement will also amend paragraph 4.a. of SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS Other Insurance so that the insurance provided will be excess over any other valid and collectible insurance available to the insured whether primary excess contingent or on any other basis whose policy period begins or continues after the Endorsement takes effect. V. We will determine the actual premium for the Extended Reporting Period Endorsement in accordance with our rules and rates. In doing so we may take into account the following A. B. C. D. The exposures insured Previous types and amounts of insurance Limits of Insurance available under this Coverage Part for future payment of damages and Other related factors. The premium for the Extended Reporting Period Endorsement will not exceed 200 of the annual premium for the Coverage Part to which the endorsement would be attached and will be fully earned when the Endorsement takes effect. SECTION VII DEFINITIONS 1. Administration means ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 1. VL Counseling employees including their dependents and beneficiaries with respect to the employee benefit program Handling records in connection with the employee benefit program or Effecting or terminating any employee s participation in a plan included in the employee benefit program. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means the United States of America including its territories and possessions Puerto Rico and Canada.. Employees means your officers partners and employees whether actively employed disabled or retired. Employee benefit program means the following plans A. Group life insurance group accident or health insurance profit sharing plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such insurance or plans Unemployment insurance social security benefits workers compensation and disability benefits or Any other similar plan designated in the Declaration or added thereto by endorsement. Personal injury means injury other than bodily injury arising out of one or more of the following offenses A. B. False arrest detention or imprisonment Malicious prosecution Wrongful entry into or eviction of a person from a room dwelling or premises that the person occupies ECC359 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 17 D. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services or E. Oral or written publication of material that violates a person s right of privacy. VILProfit sharing plans mean only such plans that are equally available to all full time employees. VIILProperty damage means A. Physical injury to tangible property including all resulting loss of use of that property or B. Loss of use of tangible property that is not physically injured IX. Stock subscription plans mean only such plans that are equally available to all full time employees. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes an arbitration proceeding alleging such damages to which you must submit. ECC359 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 18 ADMIR e Amendment of Cancellation Notice 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 an additional premium of 0 this endorsement modifies insurance provided under the following Notwithstanding the appropriate provision of this policy in the event cancellation of this policy is instigated by the Company for any reason except nonpayment of premium the Company will endeavor to provide 30 days advance notice of such cancellation to the following Crest Industrial Chemicals Inc. Endorsement Number 18 ECC502 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 19 Mold and Mildew Exclusion 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 not withstanding anything contained in this policy to the contrary it is hereby agreed that this insurance does not apply to any loss or expense arising directly or indirectly out of or in concurrence with actual alleged or threatened existence growth spread proliferation discharge dispersal seepage release cross contamination or escape of any form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi regardless of whether or not any such loss or expense arises out of professional services or any air testing air monitoring air sampling physical testing sample collection evaluation assessment remediation abatement investigation clean up analytical testing andor containment activities performed or rendered by the Named Insured or by anyone acting on behalf or at the request or under the direct or indirect supervision of the Named Insured. The Company will have no duty to defend any legal proceeding or to pay for any claim excluded by this endorsement. ECC510 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 20 Punitive or Exemplary Damage Amendment 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 it is agreed that this policy shall not apply to a claim of or indemnification for punitive or exemplary damages or any damages awarded pursuant to statute in the form of double treble or other multiple damages in excess of compensatory damages. If suit is brought against the insured for a claim falling within coverage provided under the policy seeking both compensatory and punitive or exemplary damages then we will afford a defense to such action however we will have no obligation to pay for any costs interest or damages attributable to punitive or exemplary damages. This amendment does not apply in states where punitive or exemplary damages are insurable by law. ECC528 0712 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 21 Automatic Primary and Non Contributory Insurance Endorsement Designated Work Or Projects 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. SCHEDULE Name of Person or Organization Any persons or organizations whom the Named Insured agrees in a written contract to provide Primary andor Non contributory status of this insurance. However this status exists only for the project specified in that contract. In consideration of an additional premium of 0 and notwithstanding anything contained in this policy to the contrary it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the persons or organizations named in the schedule may have is excess and non contributory to this insurance. ECC548 0712 | 2 |
Crest Industrial Chemicals Inc. Endorsement Number 22 ADMIRAL 2 Additional Insured Owners Lessees or Contractors Completed Operations 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 Name and Address of Person or Organization Blanket where Required by Written Contract Location And Description of Completed Operations Additional Premium 0 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Section IT Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your work at the location designated and described in the schedule of this endorsement performed for that insured and included in the products completed operations hazard. Crest Industrial Chemicals Inc. Endorsement Number 22 Copyright ISO Properties Inc. 2000 CG 20371001 | 2 |
nan nan nan nan 2.0 Crest Industrial Chemicals Inc. Endorsement Number 23 Service of Suit 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. The Named Insured and the Company agree to the following In the event of the failure by the Company to pay any amount claimed to be due under this policy the Company will at the Named Insured s request submit to the jurisdiction of any court of competent Jjurisdiction within the United States of America and will comply with all requirements necessary to give the Court jurisdiction. Nothing in this endorsement constitutes or should be understood to constitute a waiver of the Company s rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. In a suit instituted against the Company under this contract the Company agrees to abide by the final decision of the court or of any appellate court in the event of an appeal. Pursuant to any statute of any state territory or district of the United States of America which makes a provision therefore the Company will designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as the Company s true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the Named Insured or the Named Insured s beneficiary arising out of this contract of insurance. The officer named below is authorized and directed to accept service of process on the Company s behalf Rene A. Miller Freberg Environmental Insurance Inc. 2000 South Colorado Boulevard Tower II Suite 800 Denver CO 80222 Having accepted service of process on the Company s behalf the officer is authorized to mail the process or a true copy to Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 8 Floor Stamford CT 06901 ECC326 0712 | 2 |
DIVIDER PAGE Producer No 90265 91774400000000 Pol Eff Dt 04 01 2017 Date Printed 04 13 2017 Time Printed 153111 Trans Eff Dt 04 01 2017 Insured Name PRAIRIELAND DAIRY LLC Policy No CPP126376A Trans Seq No 001 Trans Type Renewal Issue Oper Init WILLS59 Company Abbr FF Release Version 17.05 User Selected Sets Copies Printer INSURED COPY 01 PDF PRINTER CERTIFED COPY 01 No forms to include with this set Insured Copy DIVIDER PAGE Producer No 90265 SAN 91774400000000 Pol Eff Dt 04 01 2017 Office Date Printed 04 13 2017 Time Printed 153111 Trans Eff Dt 04 01 2017 Insured Name PRAIRIELAND DAIRY LLC Policy No CPP126376A Trans Seq No 001 Trans Type Renewal Issue Oper Init WILLS59 Company Abbr FF Release Version 17.05 User Selected Sets Copies Printer INSURED COPY 01 PDF PRINTER CERTIFED COPY 01 No forms to include with this set DIVIDER PAGE Producer No Pol Eff Dt Date Printed Time Printed Trans Eff Dt Insured Name Policy No Trans Seq No Trans Type Oper Init Company Abbr 90265 SAN 04 01 2017 Office 04 13 2017 153111 04 01 2017 PRAIRIELAND DAIRY LLC CPP126376A 001 Renewal Issue WILLS59 FF Release Version 17.05 User Selected Sets Copies Printer INSURED COPY CERTIFED COPY 01 PDF PRINTER 9177440000000C 01 No forms to include with this set nan nan nan nan 91774400000000.0 SAN Office | 2 |
Policy Number CPP126376A Natlonwide COMMON POLICY DECLARATIONS RENEWAL OF CPP126376A NATIONWIDE AGRIBUSINESS INSURANCE COMPANY 1100 Locust St. Dept 3000 Des Moines IA 50391 3000 Item1. Named Insured and Mailing Address Agent Name and Address PRATIRTIELAND DATIRY LLC LOCKTON COMPANIES LLC SEE NAMED INSURED ENDT 444 WEST 47TH ST SUITE 900 13000 PELLA RD KANSAS CITY MO 64112 FIRTH NE 68358 AgentNo. 90265 Item 3. Business Description DAIRY PROCESSING Form of Business LIMITED LIABILITY COMPANY Item4. In return for the payment of the 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 for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 6986.00 Commercial Crime Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part 13870.00 Commercial Garage Coverage Part NOT COVERED Total Policy Premium 20856.00 Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements COMMON POLICY DECLARATIONS 26376A RENEWAL OF CPP126376A mD BENDLY oSULILE ZJUU 64112 Countersigned Date By Authorized Representative THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. CO DEC 0197 Insured Copy | 2 |
Policy Number CPP126376A Natlonwide SCHEDULE OF FORMS AND ENDORSEMENTS NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 COMMON POLICY FORMS AND ENDORSEMENTS CO DEC 01 97 COMMON POLICY DECLARATIONS FORM SCHED 01 97 SCHEDULE OF FORMS AND ENDORSEMENTS NI SCHED 01 97 SCHEDULE OF NAMED INSURED S IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 05 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 02 59 09 07 NEBRASKA CHANGES CANC NONRENL IL 09 85 01 15 DISCLOSURE PURSUANT TERROR RISK INS ACT MLXS001 05 08 WITNESS CLAUSE NWAG GENERAL LIABILITY FORMS AND ENDORSEMENTS GL DEC 12 01 COMM GENERAL LIABILITY COVERAGE SUPP DEC GL SCHED 01 97 COMM GENERAL LIABILITY COVERAGE SCHEDULE 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM 10 93 EARLIER NOTICE OF CANC PROVIDED BY US 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE 04 13 PRIMARY AND NONCONTRIBUTORY OTHER INSD 04 13 ADDL INSD VENDORS 04 13 ADDL INSD LESSOR OF LEASED EQUIPMENT 05 14 EXCL ACC DISCL OF CONFI OR PERSONAL INFO 12 07 EMPLOYMENT RELATED PRACTICES EXCLUSION 09 98 EXCL YR 2000 COMP RELATED AND OTHERS 12 04 FUNGI OR BACTERIA EXCLUSION 01 15 EXCL CERTIF ACTS OF TERR OTHR ACT 0O S 01 15 COND EXCL TERR DISP FED TRIA ACT 11 85 MISDELIVERY OF LIQUID PRODUCTS COVERAGE CGLB043 06 07 FELLOW EMPLOYEE BODILY INJURY LIAB COV CGLBO058 01 02 GENETICALLY MODIFIED ORGANISM EXCLUSION CGLBO075 01 02 TSE AND FOOT AND MOUTH DISEASE EXCLUSION CGLB096 04 13 POLLUTION MODIFICATION ENDORSEMENT CGLB132 04 13 EXCLUSION PROFESSIONAL SERVICES CGLB153 11 14 MOBILE EQUIPMENT MODIFICATION CGLB159 01 16 SILICA OR SILICA RELATED DUST EXCLUSION CGLB166 03 17 AMENDMENT OF BODILY INJURY DEFINITION CGLB303 04 13 BLANKET AI REQUIRED BY CONTRACT CGLB304 03 10 BLANKET WAIVER RIGHTS OF RECOVERY CGLB307 11 09 BROAD NAMED INSURED ENDORSEMENT CGLB308 11 09 NOTICE OF OCCURRENCE ENDORSEMENT CGLB309 05 12 UNINTENTIONAL ERRORS OMMISSIONS END. CGLB310 01 10 ASBESTOS ELECTRO MAGNETIC EMISSIONS LE CGLB329 05 12 UNWARRANTED CLAIM OF ANIM CRUELTY LIM DE 24 35 01 15 28 06 47 60 67 75 87 66 AUTOMOBILE FORMS AND ENDORSEMENTS AU DEC C W 10 13 BUSINESS AUTO COVERAGE FORM DECLARATIONS 01A 10 13 BLANKET ADDL INSD LESSOR 0 10 13 BUSINESS AUTO COVERAGE FORM 5 11 13 NE CHANGES 2 10 13 NEBRASKA CHANGES CANCELLATION 7 10 13 NE UNINSURED UNDERINSURED MOTORIST COV 0 10 13 WRONG DELIVERY OF LIQUID PRODUCTS 84 10 13 EXCLUSION OF TERRORISM 10 13 SILICA SILICA RELATED EXCL FOR COVRD AU FORM SCHED 0197 SCHEDULE OF FORMS AND ENDORSEN 126376A 5 m Phatae nA 11 17 POLICY DECLARATIONS E OF FORMS AND ENDORSEMENTS LE OF NAMED INSUREDS POLICY CONDITIONS ENERGY LIABILITY EXCLUSION ENDT A CHANGES CANC NONRENL SURE PURSUANT TERROR RISK INS ACT 5 CLAUSE NWAG NTS JSION ON Insured Copy | 2 |
Policy Number CPP126376A Nationwide SCHEDULE OF FORMS AND ENDORSEMENTS NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 NE AUTO MEDICAL PAYMENTS COVERAGE CA 99 44 LOSS PAYABLE CLAUSE LOSS PAYEE SCHEDULE OF LOSS PAYEE S CCAB191 COMMERCIAL AUTO PLUS ENDORSEMENT CCAB192 COMPOSITE RATE ENDORSEMENT CCAB211 COVERED AUTO DESIGNATION SYMBOL CCAB212 SCHEDULE OF PHYSICAL DAMAGE CCAB222 GLASS REPAIR WAIVER OF DEDUCTIBLE CCAB223 HIRED AUTO PHYSICAL DAMAGE ENDORSEMENT CCAB232 NOTICE OF OCCURRENCE ENDORSEMENT CCAB237 EARLIER NOTICE OF CANCELLATION CCAB241 NEW VEHICLE REPLACEMENT COST CCAB251 POLLUTION MODIFICATION ENDORSEMENT CCAB283 AMENDMENT OF BODILY INJURY DEFINITION MCS90 ENDORSEMENT FOR MOTOR CARRIER POLICIES FORM SCHED 0197 SCHEDULE OF FORMS AND ENDORSEN 126376A 5 m Phatae nA 11 17 OSS PAYEE CAB191 CAB192 CAB211 CAB212 CAB222 CAB223 CAB232 CAB237 CAB241 CAB251 CAB283 Cs90 04 00 LUoo rAarabLE UCLAUSHK SCHEDULE OF LOSS PAYEE S COMMERCIAL AUTO PLUS ENDORSEMENT COMPOSITE RATE ENDORSEMENT COVERED AUTO DESIGNATION SYMBOL SCHEDULE OF PHYSICAL DAMAGE GLASS REPAIR WAIVER OF DEDUCTIBLE HIRED AUTO PHYSICAL DAMAGE ENDORSEMENT NOTICE OF OCCURRENCE ENDORSEMENT EARLIER NOTICE OF CANCELLATION NEW VEHICLE REPLACEMENT COST POLLUTION MODIFICATION ENDORSEMENT AMENDMENT OF BODILY INJURY DEFINITION ENDORSEMENT FOR MOTOR CARRIER POLICIES Insured Copy | 2 |
Policy Number CPP126376A Nationwide SCHEDULE OF NAMED INSUREDS NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 PRAIRIELAND DAIRY LLC OBBINK FARMS INC PRAIRIELAND GOLD LLC NI SCHED 0197 SCHEDULE OF NAMED INSUREDS PP126376A Y e i m Pabes nA 11 17 rFoalrilnLAND DALRY LLOC OBBINK FARMS INC PRAIRIELAND GOLD LLC Insured Copy | 2 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelofl O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 Insured Copy | 2 |
IL 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li ability or 3 The bodily injury or property damage Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in suredis 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 organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 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 nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured 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 nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. ISO Properties Inc. 2001 Page 1 of 2 o IL 00 21 05 02 Insured Copy | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 o Insured Copy | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Paragraphs 2. and 3. of the Cancellation Common 6 Certification to the Director of Insurance Policy Condition are replaced by the following of our loss of reinsurance which pro 2. Cancellation Of Policies In Effect vided coverage to us for all or a sub stantial part of the underlying risk in a. 60 Days Or Less sured or If this policy has been in effect for 60 days 7 The determination by the Director of In or less we may cancel this policy for any surance that the continuation of the pol reason. icy could place us in violation of the Ne b. More Than 60 Days braska Insurance Laws. If this policy has been in effect for more c. If we cancel this policy subject to 2.a. or than 60 days or if this is a renewal of a pol 2.b. above we will mail to the first Named icy we issued we may cancel this policy Insured a written notice of cancellation stat only for one or more of the following rea ing the reasons for cancellation at least sons 1. 10 days before the effective date of can 1 Nonpayment of premium cellation if we cancel for nonpayment of 2 The policy was obtained through mate premium or rial misrepresentation 2. 60 days before the effective date of can 3 Any insured has submitted a fraudulent ilrIanon if we cancel for any other rea claim... 3. We will mail our notice by first class mail to the 4 Anydpsuredflws wolvate.d the terms and first Named Insured s last mailing address con.ons s policy known to us. A United States Postal Service 5 The risk originally accepted has substan Certificate of Mailing shall be sufficient proof of tially increased receipt of notice on the third calendar day after the date of the certificate of mailing. ISO Properties Inc. 2006 Insured Copy Page 1 of 2 m IL 02 59 09 07 | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mail ing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 ISO Properties Inc. 2006 Insured Copy IL 02 59 09 07 o | 2 |
POLICY NUMBER CPP126376A POLICY NUMBER CPP126376A IL 09 8501 15 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts 0.00 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses Year 20 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses Year 20 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. dditional information if any concerning the terrorism premium Year 20 Year 20 IL 09 8501 15 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 2 | 2 |
B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 Insured Copy IL09 850115 | 2 |
MANDATORY ENDORSEMENT In Witness Whereof we have caused this policy to be executed and attested by our President and Secretary but this policy shall not be valid unless countersigned by our authorized representative. 71M73Wu President w 74 Secretary MLXS001 0508 Page 1of 1 Insured Copy | 2 |
Policy Number CPP126376A Nationwide COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 2017 SEE NAMED INSURED ENDT 1201 AM. Standard Time Agent Name LOCKTON COMPANIES LLC AgentNo. 90265 Item 1. Business Description DATRY PROCESSING Item 2. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products Completed 2000000 Operations Aggregate General Aggregate other than 2000000 Products Completed Operations Coverage A Bodily Injury and any one occurrence subject to Property Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability any one premises subject to the Damage To Premises Coverage A occurrence and the Rented To You General Aggregate Limits of 100000 Liability Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability 1000000 Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of Liability Item 3. Retroactive Date This Insurance does not apply to bodily injury property damage or personal and advertising injury which occurs before the Retroactive Date if any shown here NONE Enter Date or None if no Retroactive Date applies Item 4. Form of Business Form of Business LIMITED LIABILITY COMPANY Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 6986.00 Other Premium Total Premium 6986.00 COMMERCIAL GENERAL LIABILITY COVER QIIDDI EMENTAI REAT ADATIAMNC s o 126376A T 2000000 1000000 Damage To Premises Rented To You 1000000 e THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. GL DEC 1201 Insured Copy | 2 |
Policy Number CPP126376A Nationwide COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy Premium Basis Premises Operations Each Additional Insured P Location ALL Exposure 10 Rate Premium lassification dditional Insured Designated Persons 344.00 lor Organization Products Completed Operations Rate Premium Code No. Premium Basis P 0 ti 9903 Each Additional Insured remises Operations Location ALL Exposure 2 Rate Premium lassification dditional Insured Lessor of Leased Equipment Products Completed Operations Rate Premium 73.00 Code No. Premium Basis 9904 Percent of Premium Premises Operations Location ALL Exposure Rate Premium lassification dditional Insured Vendors Products Completed Operations Rate Premium 236.00 Premium Basis umber of Employees Premises Operations Location ALL Exposure 25 Rate Premium lassification s 261.00 Employee Benefits Liability Products Completed Operations Rate Premium GL SCHED 0197 Insured Copy CPP126376A COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE IDE AGRIBUSINESS INSURANCE COM PANY i cliective Uate. va ul1l 1201 A.M. Standard Time lditional Insured Designated Persons Organization lditional Insured Lessor of Leased uipment ldltional Insured Vendors ployee Benefits Liability | 2 |
Policy Number CPP126376A Nationwide COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy Premium Basis Premises Operations Percent of Premium P Location ALL Exposure Rate Premium lassification Fellow Employee Coverage 100.00 Products Completed Operations Rate Premium Code No. Premium Basis 9910 Percent of Premium Premises Operations Location ALL Exposure Rate Premium lassification aiver of Subrogation Products Completed Operations Rate Premium 284.00 Code No. Premium Basis P Operati 49451 remises Operations Location 001001 Exposure 163 Rate Premium lassification ACANT LAND OTHER THAN NOT FOR PROFIT 1290 210.00 PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT Products Completed Operations Rate Premium INCL. Premium Basis 57002 Gross Sales Location 001001 Exposure 10000000 Rate Premium lassification.065 s 650.00 IMILK PROCESSING Premises Operations Products Completed Operations Rate Premium 4710.00 GL SCHED 0197 Insured Copy CPP126376A COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE IDE AGRIBUSINESS INSURANCE COM PANY i cliective Uate. va ul1l 1201 A.M. Standard Time llow Employee Coverage iver of Subrogation CANT LAND OTHER THAN NOT FOR PROFIT RODUCTS COMPLETED OPERATIONS ARE BJECT TO THE GENERAL AGGREGATE LIMIT LK PROCESSING | 2 |
Policy Number CPP126376A Nationwide COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE NATIONWIDE AGRIBUSINESS INSURANCE COMPANY Named Insured PRATRIELAND DAIRY LLC Effective Date 04 01 17 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 90265 Item 5. Location of Premises Location of All Premises You Own Rent or Occupy Premises Operations Location 001001 Exposure Rate Premium lassification ONE FAMILY LESSOR S RISK 39.173 118.00 PRODUCTS COMPLETED OPERATIONS ARE Products Completed Operati SUBJECT TO THE GENERAL AGGREGATE LIMIT roducts Completed Operations Rate Premium INCL Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Code No. Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium Premium Basis Premises Operations Location Exposure Rate Premium lassification Products Completed Operations Rate Premium GL SCHED 0197 Insured Copy CPP126376A COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE IDE AGRIBUSINESS INSURANCE COM PANY i cliective Uate. va ul1l 1201 A.M. Standard Time JELLINGS ONE FAMILY LESSORS RISK ILY PRODUCTS COMPLETED OPERATIONS ARE BJECT TO THE GENERAL AGGREGATE LIMIT | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the 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 I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory c.. Bodily injury or. Damages because of bodily 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. his policy restrict coverage. carefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization er Section Il Who Is An es that appear in quotation ning. Refer to Section V S INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit vaaes. However. we will have z CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the 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. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faiing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing seling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a b c 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored 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 d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels Ilubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any 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. ii CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liabilty assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Page 4 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
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 seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of 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. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or VTR dli el e eV for rental by you. nd 6 of this exclusion ity assumed under a usion does not apply to ded in the products ard. ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to 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.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. ance applies to this coverage 1 Il Limits Of Insurance. IJAL AND ADVERTISING ums that the insured becomes pay as damages because of ertisina iniurv to which this Page 6 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 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. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by. 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.. 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. All expenses we incur. b. Up to 250 for cost of bail bonds required physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 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. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual 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. loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. 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. as described an accident u own or rent 1 the coverage icy period 1 and renarted Page 8 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and limits of f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and 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. b c d 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 Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. suit and the information urrence are such that no t between the interests of rests of the indemnitee the insured ask us to the defense of that 1 suit and agree that we counsel to defend the tee and CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c. 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 c For which there is any obligation to share organization. damages with or repay someone else fvho No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or a Named Insured in the Declarations. d Arising out of his or her providing or SECTION Il LIMITS OF INSURANCE fag to provide professional health care 1. The Limits of Insurance shown in the Declarations services. and the rules below fix the most we will pay 2 Property damageto property regardless of the number of a Owned occupied or used by a. Insureds b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. wioTL et Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will 5 because of while rented while rented y you with he last preceding perio for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. i iii 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and selfinsured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. 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 b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree The statements in the Declarations accurate and complete are Page 12 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. upon 3.. Hostile However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. ld 2 3. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your workthat is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. A e lamed Insured this vere the only Named igainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in f the nonrenewal not prov CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 13 of 16 | 1 |
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 b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. 2 b 10. 1 12 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..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or autoto the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in ruction or demolition 0 feet of a railroad ired by ordinance to except in connection ty Areement Page 14 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. 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. b. the 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. 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 The existence of tools uninstalled equipment or abandoned or unused materials or 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. b c 2 3 17. Property damage means 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. 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. equwpmen but will be imarily for but not construction milar devices mounted k chassis and used to and mps and generators welding building exploration lighting pment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses mprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or ges a person s or 2 3 CG 00010413 Insurance Services Office Inc. 2012 Insured Copy Page 15 of 16 | 1 |
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. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 20 S a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. to provide 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure warnings or instructions. to provide e Page 16 of 16 Insurance Services Office Inc. 2012 Insured Copy CG 00010413 | 1 |
POLICY NUMBER CPP126376A CY NUMBER CPP126376A COMMERCIAL GENERAL LIABILITY CG 02241093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 90 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 Insured Copy Page 1 of 1 o | 2 |
POLICY NUMBER CPP126376A POLICY NUMBER CPP126376A COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Limit Of Insurance Deductible Premium Employee Benefits S 1000000 each employee 1000 s 261 Programs 1000000 aggregate Retroactive Date 02 28 2010 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supple mentary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently of the insured or of any other person for committed in the administration of your whose acts the insured is legally liable to employee benefit program which this insurance applies. We will have 2 The act error or omission did not take the right and duty to defend the insured place before the Retroactive Date if any against any suit seeking those damages. shown in the Schedule nor after the end However we will have no duty to defend the of the policy period and insured against any suit seeking damages 3 Aclaim for damages because of an act to which lhlsmsurance does not apply. We error or omission is first made against may at our discretion vnvesllgate any report any insured in accordance with Para of an act error or omission and seftle any graph c. below during the policy period claim or suit that may result. But or an Extended Reporting Period we pro 1 The amount we will pay for damages is vide under Paragraph F. of this en limited as described in Paragraph D. dorsement. Section Il Limits Of Insurance and. A claim seeking damages will be deemed to 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. have been made at the earlier of the follow ing times 1 Wnhen notice of such claim is received and recorded by any insured or by us whichever comes first or CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 10f 6 m | 2 |
2 When we make settlement in accordance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the pol icy period will be considered to have been received within the policy period if no sub sequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefici aries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other em ployment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and Bare replaced by Supplemen tary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. Page 2 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
c. 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 Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance ap plies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section lll Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the ad ministration of your employee benefit pro gram. Subject to the Aggregate Limit the Each Employee Limitis the most we will pay for all damages sustained by any one employee including damages sustained by such em ployee s dependents and beneficiaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be sub ject to the limits and restrictions that apply to the payment of benefits in any plan in cluded in the employee benefit program. ld The Limits of Insurance of this endorsement ap ply separately to each consecutive annual pe riod and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after 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. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applicable to Each Employee. The limits of insurance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sched ule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this in surance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of 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 we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are re placed by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the ex tent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 3 of 6 m | 2 |
b. d. 2 3 4 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practi cable.. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission 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 without our consent.. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 Wnen this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 Wnen this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Schedule of this endorse ment. c. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will con tribute by limits. Under this method each in surer s share is based on the ratio of its ap plicable limits of insurance to the total applicable limits of insurance of all insurers. Page 4 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Pe riod provisions are added or if this endorsement is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorse ment or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of cover age provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not be fore the Retroactive Date if any shown in the Schedule. Once in effect the Extended Report ing Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in ac cordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this en dorsement for future payment of damages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period ag gregate limit of insurance described below but only for claims first received and recorded dur ing the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement un der Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to ap ply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees includ ing their dependents and beneficiaries with respect to eligibility for or scope of em ployee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Insured Copy Page 5 of 6 m | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafe teria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eli gibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disabil ity benefits d. Vacation plans including buy and sell pro grams leave of absence programs including military maternity family and civil leave tui tion assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively employed formerly employed on leave of absence or dis abled or retired. Employee includes a leased worker. Employee does not include a tempo rary worker. 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 ISO Properties Inc. 2006 Insured Copy CG 04351207 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and CG 20010413 Insurance Services Office Inc. 2012 Insured Copy Page 1 of 1 | 2 |
POLICY NUMBER CPP126376A POLICY NUMBER CPP126376A COMMERCIAL GENERAL LIABILITY CG201504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products WHOLE FOODS MARKET AND ITS SUBSIDIARIES DAIRY PRODUCTS Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. CG201504 13 Insured Copy Insurance Services Office Inc. 2012 vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Page 1 of 2 ND ITS SUBSIDIARIES CG201504 13 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 Insured Copy CG201504 13 | 2 |
POLICY NUMBER CPP126376A POLICY NUMBER CPP126376A COMMERCIAL GENERAL LIABILITY CG20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations CG COMMERCIAL FINANCE Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5 COMMERCIAL FINANCE Insurance Services Office Inc. 2012 Insured Copy CG20280413 Page 1 of 1 | 2 |
POLICY NUMBER CPP126376A POLICY NUMBER CPP126376A COMMERCIAL GENERAL LIABILITY CG20280413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations PRIME ALLIANCE BANK INC. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. RIME ALLIANCE BANK INC. Insurance Services Office Inc. 2012 Insured Copy CG20280413 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is means information facts or programs replaced by the following stored as or on created or used on or 2. Exclusions transmitted to or from computer software This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Insured Copy Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Wnhether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Wnhether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Insured Copy Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 60 09 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION YEAR 2000 COMPUTER RELATED AND OTHER ELECTRONIC PROBLEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex clusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section I Coverage B Personal And Adver tising Injury Liabili 2. Exclusions This insurance does not apply to bodily injury property damage personal injury or advertising injury or personal and advertising injury if de fined as such in your policy arising direcily or in directly out of a. Any actual or alleged failure malfunction or inadequacy of 1 Any of the following whether belonging to any insured or to others a Computer hardware including micro processors b Computer application software Computer operating systems and re lated software d Computer networks e Microprocessors computer chips not part of any computer system or Any other computerized or electronic equipment or components or 2 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 2.a.1 ofthis en dorsement due to the inability to correctly recognize pro cess distinguish interpret or accept the year 2000 and beyond. Any advice consultation design evaluation in spection installation maintenance repair re placement or supervision provided or done by you or for you to determine rectify or test for any potential or actual problems described in Paragraph 2.a. ofthis endorsement. Page 1 of 1 CG 21 60 09 98 Copyright Insurance Services Office Inc. 1998 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Insured Copy Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG21750115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. physical b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. CG 21750115 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 2 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or The premises of any United States mission and b c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 Insured Copy CG 21750115 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21870115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this Coverage Part or Policy or b. A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 2 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in response to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an i ents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in response to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. CG 21870115 Insurance Services Office Inc. 2015 Insured Copy Page 1 of 2 | 2 |
B. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or Policy. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this Coverage Part or Policy. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2015 Insured Copy CG 21870115 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISDELIVERY OF LIQUID PRODUCTS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. Exclusion g. of COVERAGE A Section 1 does not apply to bodily injury or property damage arising out of 1. The delivery of any liquid product into a wrong receptacle or to a wrong address or 2. The erroneous delivery of one liquid product for another by an auto if the bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery. Operations which may require further service mainte nance correction repair or replacement of perform ance at the wrong address or because of any error defect or deficiency but which are otherwise com pleted will be deemed completed. CG 2266 11 85 Copyright Insurance Services Office Inc. 1984 Insured Copy Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE BODILY INJURY LIABILITY COVERAGE This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form Section Il. Who Is An Insured Paragraph 2.a. is deleted and replaced by the following 2 Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for Personal and advertising injury b d To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liabilty company to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 1 a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property b Owned occupied or used by 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. CGLB043 0607 Page 1of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENETICALLY MODIFIED ORGANISM EXCLUSION This endorsement modifies insurance provided under the following Commercial General Liability Coverage Form CG 00 01. The following exclusion is added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY section 2. Exclusions A Genetically Modified Organism Bodily injury or property damage arising out of the presence of any genetically modified organism. The following exclusion is added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY section 2. Exclusions paragraph a. Personal and advertising injury B. Arising out of the presence of any genetically modified organism. C. The following definitions are added to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION V DEFINITIONS 1. Genetically modified organism means a plant seed or grain that has been altered by genetic engineering. 2. Genetic engineering means the manipulation of an organism s genetic endowment by introducing or eliminating specific genes. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB058 0102 Page 10f 1 Insured Copy | 2 |
THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. TRANSMISSIBLE SPONGIFORM ENCEPHALOPATHIES and FOOT AND MOUTH DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to SECTION COVERAGES for COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to 1. Bodily injury property damage ol r personal and advertising injury arising out of resulting from caused or contributed to by a. Transmissible Spongiform Encephalopathies hereinafter referred to as TSE b. Footand Mouth Disease hereinafter referred to as FMD c. Exposure to TSE andor FMD or d. Exposure to any item that is known or suspected to cause contribute to or enable TSE andor FMD 2. The costs of abatement mitigation removal or disposal of feed feed additives or animals or of any premises or equipment handling such items as a result of any known or suspected connection between such items and TSE andor FMD or 3. Any costs related to a person s abatement mitigation or removal of or testing medical monitoring medical costs or cure for TSE andor FMD. This exclusion also includes a. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. b. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. CGLB075 0102 Page 1of 1 Insured Copy VSF | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. POLLUTION CLARIFICATION The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and to Subparagraphs m. Pollution and n. Pollution related of Paragraph 2. Exclusions under SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY or to any amendment to or replacement thereof This exclusion applies even if the pollutants have a function in your business operations premises site or location. B. The definition of Pollutants under SECTION V DEFINITIONS is deleted and replaced by 15. Pollutants mean a. Any organic or inorganic substance or material that is a solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot dust fumes acids alkalis chemicals fibers particles sludge by products biofuels herbicides pesticides insecticides fertilizers and all other similar chemicals and waste. b. Waste includes but is not limited to 1 materials that have been or are to be recycled reconditioned or reclaimed or 2 the excrement of livestock poultry or other animals. c. Pollutants also include gasoline diesel fuel all other petroleum products and their derivatives. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. withits permission. CGLB096 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury due to the insured s rendering of or failure to render any professional service. 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 or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CG2116 0413 CGLB132 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT MODIFICATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of mobile equipment under SECTION V DEFINITIONS is amended to include Mobile equipment does not include locomotives railroad cars or similar rolling stock designed for and used on railroad tracks. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CGLB153 1114 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION LIMITED EXCEPTION FOR INGESTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for human consumption. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. However this exclusion does not apply to ingestion of silica or silica related dust that is on or contained in an edible good or edible product intended for animal consumption. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the DEFINITIONS Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. Insured Copy CGLB159 0116 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF BODILY INJURY DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The definition of bodily injury under SECTION V DEFINITIONS is deleted and replaced by 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with ts permission. CGLB166 0317 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. SECTION Il WHO IS AN INSURED is amended to include as an additional insured any persons or organizations with whom you have agreed in a valid written contract or agreement executed prior to any occurrence that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. Inthe performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to SECTION Il LIMITS OF INSURANCE If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS ENDORSEMENT. Includes copyrighted material of Insurance Services Office Inc. with its permission. CG2026 0413 CGLB303 0413 Page 1 of 1 CGLB303 0413 Page 1 of 1 Insured Copy | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Name Of Persons Or Organizations Any persons or organizations with whom you have agreed to such waiver in a valid written contract or written agreement that has been executed prior to loss. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. ALL OTHER CONDITIONS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED BY THIS EN DORSEMENT. CGLB304 0310 Includes copyrighted material of the Insurance Services Office Inc. with its permission Insured Copy Page 1 of 1 | 2 |
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