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b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. 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 c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 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.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. lmpaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 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 f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury 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 b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. 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 auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. 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 f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 04370514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Coverage A Bodily Injury B. The following is added to Paragraph 2. And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions 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 that does not result from physical injury to tangible property. 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 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. C. The following paragraph is added to Section Il Limits Of Insurance Subject to 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. CG 04370514 Insurance Services Office Inc. 2013 Page 1 of 2 | 2 |
D. The following definition is added to the Definitions section 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. E. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. Page 2 of 2 Insurance Services Office Inc. 2013 CG 04370514 | 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. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 a | 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 Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to 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 detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL GENERAL LIABILITY CG 21700115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following 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 A. If aggregate insured losses attributable to terrorist acts certified under the federal 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. 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 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is 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. B. 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. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. 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. CG 21700115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added 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 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is 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.. 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. 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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. CG 21760115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 22741001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Contract Or Agreement If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. With respect to the contract or agreement desig nated in the Schedule above Subparagraph e. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a con tract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if a The liability pertains to your busi ness and is assumed in the des ignated contract or agreement shown in the Schedule in which you assume the tort liability of an other. Tort liability means a liabil ity that would be imposed by law in the absence of any contract or agreement b The personal and advertising injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and c The personal and advertising 2 Liability for personal and advertising injury if a The liability pertains to your busi ness and is assumed in the des ignated contract or agreement shown in the Schedule in which you assume the tort liability of an other. Tort liability means a liabil ity that would be imposed by law in the absence of any contract or agreement b The personal and advertising injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and c The personal and advertising injury arises out of the offenses of false arrest detention or im prisonment. CG 22741001 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
Solely for the purposes of liability so as sumed in such designated contract or agreement reasonable attorney fees and necessary litigation expenses in curred by or for a party other than an in sured are deemed to be damages be cause of personal injury described in Paragraph A.2.e.2c above provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same designated contract or agreement and ii Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. B. With respect to the contract or agreement desig nated in the Schedule above the following is added to Section Supplementary Payments Coverages A And B If we defend an insured against a suit and an in demnitee 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 1. The suit against the indemnitee seeks dam ages for which the insured has assumed tort li ability of the indemnitee in a designated con tract or agreement shown in the Schedule if such liability pertains to your business. Tort li ability means a liability that would be imposed by law in the absence of any contract or agreement 2. This insurance applies to such liability assumed by the insured 3. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same designated contract or agreement 4. The allegations in the suit and the information we know about the offense are such that no conflict appears to exist between the interests of the insured and the interests of the indem nitee 5. The indemnitee and the insured ask us to con duct and control the defense of that indemnitee against such suit and agree that we can as sign the same counsel to defend the insured and the indemnitee and 6. The indemnitee a. Agrees in writing to 1 Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and 4 Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and b. Provides us with written authorization to 1 Obtain records and other information related to the suit and 2 Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indem nitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supple mentary Payments. Notwithstanding the provisions of Paragraph A.2.e.2 of this endorsement such payments will not be deemed to be damages for personal and advertising injury as described in Paragraph A.2.e.2c above and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when 1. We have used up the applicable limit of insur ance in the payment of judgments or settle ments or 2. The conditions set forth above or the terms of the agreement described in Paragraph 6. above are no longer met. 2 3 Page 2 of 2 ISO Properties Inc. 2001 CG 22741001 o | 2 |
COMMERCIAL GENERAL LIABILITY QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE COVERAGE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured And Mailing Address Policy Period Description Of Business And Location Coverages And Limits Of Insurance SECTION COVERAGES Coverage A Bodily Injury And Property Damage Liability Coverage B Personal And Advertising Injury Liability Coverage C Medical Payments Supplementary Payments..................... SECTION Il WHO ISAN INSURED............ SECTION Il LIMITS OF INSURANCE................ it Insuring Agreement. Exclusions Insuring Agreement.............. Exclusions Insuring Agreement. Exclusions SECTION IV COMMERCIAL GENERAL LIABILITYCONDITIONS........................... Bankruptcy Duties In The Event Of Occurrence Offense Claim Or Suit Legal Action Against Us Other Insurance.. Premium Audit. Representations Separation Of Insureds..................... Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew... SECTIONV DEFINITIONS.................. COMMON POLICY CONDITIONS Cancellation Changes Examination Of Your Books And Records Inspections And Surveys Premiums Transfer Of Your Rights And Duties Under This Policy ENDORSEMENTS If Any Beginning on Page CG700310 13 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR INJURY TO CO EMPLOYEES AND OR YOUR OTHER VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Specific Employees Volunteer Workers Or Specific Job Titles Information required to complete this Schedule if not shown above will be shown in the Declarations. A The following is added to Paragraph 2.a.1 of Section Il Who Is An Insured Paragraphs a b and c above do not apply to the specific employees or volunteer workers or any employees or volunteer workers holding the specific job titles designated in the Schedule of this endorsement with respect to bodily injury to a coemployee or other volunteer worker. B. The following is added to Paragraph 4. Other Insurance Condition under Section IV Commercial General Liability Conditions The coverage provided by this endorsement is excess over any other valid and collectible insurance that covers the liability of the designated employees or volunteer workers or an employee or volunteer worker holding a job title designated in the Schedule of this endorsement. CGT1407 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Il Who Is An Insured is amended to include as an additional insured 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. 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 a. Your acts or omissions or b. The acts or omissions of those acting on your behalf in the performance of a. your ongoing operations for the additional insured or b. Your work for the additional insured and included in the products completed operations hazard. However the insurance afforded to such additional insured described above a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured.. With respect to the insurance afforded to these additional insureds the exclusion applies This insurance does not apply to bodily injury property damage and personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports following additional E. This endorsement modifies the insurance provided under the following surveys field orders change orders or drawings and specifications or b. Supervisory inspection engineering activities. 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 the 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 the failure to render any professional architectural engineering or surveying services. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or described in Paragraph A.1. 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. The following is added to the Other Insurance Condition and supersedes any provision to the contrary Primary and Noncontributory Insurance 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 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. architectural or agreement CG7174.310 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ESSENTIAL EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the coverage part apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Any payment we make for damages because of Section Coverage A Exclusion a. is amended as follows a. Bodily injury or property damage expected or intended from the standpoint of an insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. NON OWNED WATERCRAFT Section Coverage A Exclusion g.2 is amended as follows 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons or property for a charge EXTENDED PROPERTY DAMAGE COVERAGE Section Coverage A Exclusions j.3 and 4 is amended to add the following Paragraphs 3 and 4 of this exclusion do not apply to tools or equipment loaned to you provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible 2500 Each Occurrence 250 Per Claim 5000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured as the result of any one occurrence regardless of the number of 1 insureds 2 claims made or suits brought 3 persons or organizations making claims or bringing suits. The aggregate limit listed above is the most we will pay for all damages because of property damage to property in the care custody and control of or property loaned to an insured during the policy period. property damage to property in the care custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification by us you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one occurrence only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance whether primary excess contingent or any other basis. Since insurance provided by this endorsement is excess we will have no duty to defend any claim or suit to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or 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. PROPERTY DAMAGE ELEVATORS Section Coverage A Exclusions paragraphs j3 j4 j.6 and k. do not apply to the use of elevators. The insurance afforded by this provision is excess over any valid and collectible property insurance including any deductible available to the insured and Section IV Commercial General Liability Conditions paragraph 4. Other Insurance is changed accordingly. FIRE LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term hostile fire the word fire includes fire lightning or explosion wherever it appears in the Coverage Form. Under Section Coverage A the last paragraph after the exclusions is replaced with the following CGT1918 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 | 2 |
Exclusions c. through n. do not apply to damage by fire smoke or leakage from automatic fire protection systems 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. MEDICAL PAYMENTS If Section Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form The requirement in the Insuring Agreement of Coverage C. that expenses must be incurred and reported to us within one year of the accident date is changed to three years.. SUPPLEMENTARY PAYMENTS Supplementary Payments Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following 1.b. Up to 3000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 350 a day because of time off from work.. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended to add the following 1.f. Any legally incorporated subsidiary in which you own more than 50 of the voting stock on the effective date of this policy. However insured does not include any subsidiary that is an insured under any other general liability policy or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy s limits of liability. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS INCIDENTAL MALPRACTICE Section Il Who is an Insured paragraph 2.a. 1 d is amended as follows This provision does not apply to Nurses Emergency Medical Technicians or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section Il Who Is An Insured paragraph 3.a. is replaced by the following 3.a. Coverage under this provision is afforded until the end of the policy period. do not apply to damage by om automatic fire protection while rented to you or you with permission of the of insurance applies to this in Section Il Limits of ge C. Medical Payments rwise excluded from this e Insuring Agreement of nses must be incurred and e year of the accident date s. YMENTS nts Coverages A and B 1.d. are replaced by the ost of bail bonds required ts or traffic law violations of any vehicle to which the Coverage applies. We do 1ese bonds. ses incurred by the insured at t us in the investigation or or suit including actual loss 50 a day because of time off UREDS Insured is amended to add ated subsidiary in which you of the voting stock on the s policy. However insured any subsidiary that is an ther general liability policy 1 an insured under such a wation of that policy or the olicy s limits of liability. CE PROFESSIONALS AS AL MALPRACTICE Insured paragraph 2.a. 1 S pply to Nurses Emergency Paramedics who provide services on your behalf. does not apply if you are in tion of providing any such QUIRED ORGANIZATIONS Insured paragraph 3.a. is s provision is afforded until y period. Includes copyrighted material of ISO Properties Inc. with its permission. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. K. DAMAGE TO PREMISES RENTED TO YOU Section Ill Limits of Insurance paragraph 6. is replaced by the following Subject to 5.a. above the Damage To Premises Rented To You Limit or 300000 whichever is higher is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire smoke or leakage from automatic protection systems while rented to you or temporarily occupied by you with permission of the owner. L. DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Condition paragraph 2. is amended to add the following e. The requirement in Condition 2.a. that 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 applies only when the occurrence or offense is known to 1 You if you are an individual or a limited liability company 2 A partner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. f. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to 1 You if you are an individual or a limited liability company 2 A partner if you are a partnership 3 A member or manager if you are a limited liability company 4 An executive officer or insurance manager if you are a corporation or 5 Atrustee if you are a trust. M. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Conditions paragraph 6. Representations is amended to add the following If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under the Coverage Form solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Page 2 0f 3 CG71918 14 Page 2 0f 3 | 2 |
This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. MENTAL ANGUISH Section V Definition 3. is replaced by the following Bodily injury means bodily injury sickness or disease sustained by a person including mental anguish or death resulting from bodily injury sickness or disease. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CGT1918 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 3 0f 3 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION COVERAGE WORK SITES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Each Pollution Incident Limit Pollution Liability Aggregate Limit Property Damage Deductible Each Pollution Incident With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by this endorsement. A. Section COVERAGES is amended to include the following LIMITED POLLUTION COVERAGE WORK SITES 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 or clean up costs because of environmental 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 those damages for bodily injury property damage or clean up costs because of environmental damage to which this insurance does not apply. We may at our discretion investigate any pollution incident and settle any claim or suit that may result. But 1 The amount we will pay for damages and clean up costs is limited as described in SECTION C LIMITS OF INSURANCE of this endorsement and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION B SUPPLEMENTARY PAYMENTS of this endorsement. b. This insurance applies to bodily injury property damage or clean up costs because of environmental damage but only if the bodily injury property damage or environmental damage is caused by a pollution incident 1 at or from a work site within the coverage territory 2 which first commences during the policy period 3 which ceases within 72 hours after it commences and 4 is reported to us within 30 days of its commencement. This reporting provision is in addition to the notification requirements set out in Section IV CONDITIONS. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions The insurance provided by this endorsement does not apply to Bodily injury property damage or environmental damage expected or intended from the standpoint of the insured. Bodily injury property damage or environmental 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 that the insured would have in the absence of the contract or agreement. Property damage or environmental damage at or from 1 awaste facility 2 property or premises you own rent or occupy 3 premises you sell give away or abandon if the property damage arises out of any part of those premises CG727611 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 | 2 |
4 property loaned to you or 5 personal property in custody or control. Clean up costs or any other expense incurred by you or others to test for monitor clean up remove contain treat detoxify or neutralize pollutants at or from 1 awaste facility or 2 premises you own rent or occupy or to any recovery claimed for such cost or expense. Bodily injury property damage or environmental damage included within the products completed operations hazard. Bodily injury property damage or environmental damage arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 to the Clean Water Act of 1977 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as either Act may be amended. Bodily injury property damage or environmental damage arising out of a pollution incident from a work site or any part of a work site that is or was at any time used by you for the storage disposal processing or treatment of waste materials. Bodily injury property damage or environmental damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto rolling stock or watercraft owned or operated by or rented or loaned to any your care insured. Use includes operation and loading or unloading. Bodily injury property damage or environmental damage arising out of the emission discharge release or escape of drilling fluid oil gas or other fluids from any oil gas mineral water or geothermal well. Bodily injury property damage or environmental damage arising out of a pollution incident which results from or is directly attributable to failure to comply with any applicable statute regulation ordinance directive or order relating to the protection of the environment and promulgated by any governmental body provided that failure to comply is a willful or deliberate act or omission of 1 the insured or 2 you or any of your members partners or executive officers. Bodily injury property damage or environmental 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 the use of mobile equipment in or while in practice or preparation for a prearranged racing speed or demolition contest or in any stunt activity or 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. Any loss cost or expense arising out of any request demand or order by a governmental authority 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 at any site which is included or proposed for inclusion on a governmental authority s clean up priority list. 2 3. Any injury or damage included in the insurance provided by Secton 1 Coverage A of this policy. B. For the purposes of the coverage provided by this endorsement All references to Supplementary Payments 1. 2. 1. Coverages A and B are replaced by Supplementary Payments Coverages A B and Limited Pollution Coverage Work Sites. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. Section lll LIMITS OF INSURANCE is deleted in its entirety and replaced with the following For the purposes of the coverage provided by this endorsement. Regardless of the number of insureds claims made or suits brought or persons or organizations making claims or bringing suits our liability under this endorsement is limited as follows a. The Each Pollution Incident Limit shown in the Schedule of Limits of Insurance of this endorsement is the most we will pay for all damages and clean up costs arising out of any one discharge dispersal seepage migration release or escape of pollutants under this endorsement. The Pollution Liability Aggregate Limit shown in the Schedule of Limits of Insurance of this endorsement is the most we will pay for the aggregate of all damages covered under this endorsement. CG727611 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 3 | 2 |
2. The Limits of Insurance for coverages available within the Commercial General Liability Coverage Form that is part of this policy will be reduced by any damages paid on your behalf under this endorsement. 3. Property Damage Deductible a. Our obligation under this endorsement to pay damages for property damage or clean up costs because of environmental damage on your behalf applies only to the amount of damages or clean up costs in excess of any deductible amount stated in this endorsement as applicable to the Each Pollution Incident Limit. Neither the Each Pollution Incident Limit nor the Pollution Liability Aggregate Limit will be reduced by the application of such deductible amount. b. 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 in the event of a pollution incident claim or suit apply irrespective of the application of the deductible amount. c. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification or the action taken you shall promptly reimburse us of such part of the deductible amount as has been paid by us. D. For the purposes of the coverage provided by this endorsement Condition 4. of Secton IV Commercial Liability Conditions is amended as follows All references to Coverages A or B are amended to read Coverages A B or Limited Pollution Coverage Work Sites.. E. For the purposes of the coverage provided by this endorsement the following definitions are added to Section V DEFINITIONS. Clean up costs means expenses for and includes any costs for testing performed in connection with the removal remediation neutralization or disposal of pollutants. Environmental damage means the injurious presence in or upon land the atmosphere or any water course or body of water of pollutants which results directly from any physical injury to tangible property. Pollution incident means the actual emission discharge release or escape of pollutants from a work site provided that such emission discharge release or escape results in bodily injury property damage or environmental damage. The entirety of any such emission discharge release or escape will be deemed to be one pollution incident. Waste facility means any site to which waste from the operations or a work site is consigned for delivery or delivered for storage disposal processing or treatment. Work site means any premises site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by you any contractor or subcontractor. Work site does not include any premises site or location which currently is or was at any time owned or occupied by or rented or loaned to you. CGT27611 16 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE PER LOCATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE Section Ill applies separately to each of your locations owned by or rented to you. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. Includes copyrighted material of Insurance Services Office Inc. with its permission. Form CG7428 Ed. 11 98 Copyright Insurance Services Office Inc. 1984 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 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 any person or organization because of payments we make for injury or damage arising out of 1. Your ongoing operations or 2. Your work included in the products completed operations hazard. However this waiver applies only when you have agreed in writing to waive such rights of recovery in a written contract or agreement and only if the written contract or agreement 1. Is in effect or becomes effective during the term of this policy and 2. Was executed prior to loss. CGT5552 19 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CGT6442 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Of Additional Insured Persons Or Organizations Locationss And Description Of Completed Operations Information required to complete this Schedule if not shown above will be shown in the Declarations. 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 or property damage caused in whole or in part by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. CGT694M1 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Named Of Additional Insured Persons Or Organizations Locationss Of Covered Operations 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 additional insureds the following additional organizations shown in the Schedule but only exclusions apply with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by This insurance does not apply to bodily injury or property damage occurring after 1. Al work including materials parts or 1. Your acts or omissions or equipment furnished in connection with such 2. The acts or omissions of those acting on your work on the project other than service behalf maintenance or repairs to be performed by or in the performance of your ongoing operations for tzehalffofh the addltonal miureds a the the additional insureds at the locations loca Imt g covered operations has been designated above. completed or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi pal as a part of the same project. CGT695M1 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 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 Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be 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. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous 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 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an 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 3. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous 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 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an 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.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 a | 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 c Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 m | 2 |
IL02591217 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 Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail 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. B. Paragraph 6. of the Cancellaton Common Policy Condition does not apply. Insurance Services Office Inc. 2017 Page 1 of 2 IL 02591217 | 2 |
C. The following is added and supersedes any provisions 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 Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail 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 Insurance Services Office Inc. 2017 IL02591217 | 2 |
INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM RAILROAD PROTECTIVE LIABILITY COVERAGE FORM The policy does not apply to bodily injury personal injury or personal and advertising injury if defined as such in your policy or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. 1L70285 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
ASBESTOS NOTICE The Asbestos Exclusion attached to this policy clarifies our intent not to provide this coverage. It should be noted that by virtue of the Pollution Exclusion little if any coverage is thought to have existed previously. Involvement with asbestos exposures should be directed to highly skilled asbestos contractors andor consultants that have specialized insurance programs. EMC Insurance Companies Form IL8021 Ed. 4 88 | 2 |
COMMERCIAL INTERLINE IMPORTANT NOTICE TO POLICYHOLDERS Re New Federal Claim Information Reporting Requirements New federal reporting requirements for claims involving parties potentially eligible for Medicare are now in place. With your continued cooperation EMC Insurance Companies will be able to meet these new reporting responsibilities. To help us comply with the new requirements you simply need to make sure you report all claims to your agent or EMC Insurance Companies. If you choose to pay a claim or attempt to settle a claim on your own you may become responsible for these new reporting requirements. For specific information on Section 111 of the Medicare Medicaid and SCHIP Extension Act of 2007 MMSEA P.L. 110 173 go to httpgo.cms.govmirnghp or consult with your attorney. 1L857610 17 Page 1 0f 1 | 2 |
med james 00091 LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST SUITE 900 KANSAS CITY MO 64112 RE Policy SCP0S76883 MJ PERFORMING ARTS ACADEMY LLC WE ARE PLEASED TO ENCLOSE THE ABOVE REFERENCED POLICY. PLEASE READ THE POLICY CAREFULLY AND CONTACT US REGARDING INFORMATION THAT SHOULD BE ADDED REVISED OR DELETED. THANK YOU FOR THIS OPPORTUNITY TO BE OF SERVICE AND PLEASE CALL SHOULD YOU HAVE QUESTIONS OR IF WE CAN BE OF FURTHER ASSISTANCE. WE APPRECIATE YOUR BUSINESS SINCERELY CAROL MAUSLEIN CMAUSLEINMEDJAMES.COM MED JAMES INC SENT BY UNDERWRITING SERVICES DEPARTMENT PO Box 2014 Shawnee Mission KS 66201 Phone 913 663 5500 Fax 313 663 2014 | 2 |
COMMERCIAL POLICY DECLARATIONS Renewal of SCP0935687 SCP0976883 Policy Number Western Heritage Insarance Company P.0. BOX 5100 Scottsdale Arizona 85261 9200 E. Pima Ctr. Pkwy. Ste. 350 Scottsdale Arizona 85258 1 800 873 9442 A STOCK COMPANY ITEM 1. NAMED INSURED AND MAILING ADDRESS AGENT NAME AND ADDRESS MJ PERFORMING ARTS Med James 8715 BIG BEND BLVD WEBSTER GROVES MO 63119 P.O. Box 2014 Shawnee Mission KS 66201 1014 ACADEMY LLC Inc. 15010 Agent No ITEM 2. POLICY PERIOD From 01282014 To 01282015 1201 AM. Standard Time at the NAMED INSURED S mailing address. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PRE MIUM MAY BE SUBJECTED TO ADJUSTMENT. ITEM 3. Commercial Property Coverage Part. R NOT COVERED Commercial General Liability Coverage Part 1600 Professional Liability Coverage Form... INCLUDED Commercial Inland Marine Coverage Form NOT COVERED Garage Coverage Part............. R NOT COVERED THIS IS EVIDENCE OF INSURANCE PROCURED AND s DEVELO RS S SO0 SURALS LAWS. T IS NOT COVERED BY THE MISSOURI INSUR s ANCE GUARANTY ASSOCIATION THS INSURER 1S NOT LICENSED BY THE STATE OF MISSOURI AND 1S NOT SUBJECT TOTT LICENSEE MED D JAMES Ili Premium Total 1600.00 LICENSEE TAXES 85.00 MED DAVID JAMES IIl BROKER FEE 100.00 P O BOX 2014 TOTAL 1785.00 SHAWNEE MISSION KS 66201 Endorsements Identify by form numbers and edition dates SEE SCHEDULE OF FORMS AND ENDORSEMENTS Audit Period Annual unless otherwise stated. ITEM 4. Named Insured is check one Oindividual O Partnership O Joint Venture O Trust B Limited Liability Company O Organization including a corporation other than Partnership Joint Venture Trust or Limited Liability Company IMPORTANT NOTICES TO POLICYHOLDER Please read carefully A Any misrepresentation or any concealment or fraud on the part of the Insured which misrepresentation concealment or fraud affects either the acceptance of the risk or the hazard assumed by the Company shall render this policy void B. Notice of all accidents or occurrences must immediately be given to Western Heritage Insurance Company whether or not such accidents or occurrences appear likely to involve this policy MINIMUM AND DEPOSIT PREMIUM 25 FULLY EARNED PREMIUM AT INCEPTION LS CM SCP0935687 We P.0O. BOX 510 9200 E. Pima Ctr. Pkwy SCP0976883 Policy Number ge any Arizona 85261 cottsdale Arizona 85258 2 8715 BIG BEND BLVD WEBSTER GROVES MO 63119 KS 66201 1014 02032014 DATE INSURED Agency at SHAWNEE MISSION KS WHI 20 0295a 02 08 | 2 |
Western Heritage insurance Company ATTACHED T0 AND MENT EFF T FORMING A PART OF ENDD.RSE ENTEFFECTIVE DATE NAMED INSURED AGENT NO POLICY NUMBER 1201 A.M STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. SCHEDULE OF FORMS AND ENDORSEMENTS WHI 20 0297 6 12 Commercial Policy Jacket WHI 20 0295a 2 08 Commercial Policy Declarations WHI 20 0399b 4 05 Schedule Of Forms and Endorsements COMMON FORMS IL 00 03 9 08 Calculation Of Premium IL 00 17 11 98 Common Policy Conditions IL 00 21 9 08 Nuclear Energy Excl WHI 20 0117 2 11 Service Of Suit WHI 20 0478 7 11 Amendment Of Common Policy Conditions GENERAL LIABILITY FORMS WHI 21 0296 10 11 General Liability Coverage Declarations WHI 21 0300 5 09 General Liab Supplemental Dec WHI 21 0147 11 10 Professional Liab Cov Form CcG 00 01 4 13 General Liab Cov CG 20 02 11 85 Al Club Members CG 21 01 11 85 Excl Athletic Sports Partic CcG 21 44 7 98 Designated Premises Limitation cG 21 67 12 04 Fungi Or Bacteria Excl cG 21 73 1 08 Exclusion Certified Acts Of Terrorism CG 21 96 3 05 Silica Or Silica Related Dust Excl cG 22 76 4 13 Prof Excl Health Clubs cG 24 26 4 13 Amend Of Insured Contract Definition WHI 21 0160 4 00 Members Exclusion WHI 21 0194 12 12 Combined Special Prov Liab Ins WHI 21 0196 3 99 Sun Tanning Salon Exclusion WHI 21 0210 3 05 Sexual Molestation Physical Abuse Coverage WHI 21 0376 8 12 Assault Or Battery Exclusion WHI 21 0467 2 04 Non Stacking Of Limits Endt WHI 21 0486 8 12 Sexual And Or Physical Abuse Excl WHI 21 0490 8 05 Amendment Of Conditions WHI 21 0534 4 09 AI Managers Or Lessors Of Premises WHI 21 0540 6 09 Assault Battery Limited Liability Cov WHI 21 0556 7 09 Valet Parking Exclusion WHI 21 0711 11 10 Professional Liability Supp Dec nan nan nan nan 12.0 nan 8.0 nan 5.0 ADDITIONAL FORMS All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE WHI 200399 0405 INSURED WHI 20 0399b 0405 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 1 | 2 |
IL0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. 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 can cellation 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 auth orized 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 D.Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time A.Cancellation b. Give you reports on the conditions we find and c. Recommend changes 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake 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 warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifi cation under state or municipal statutes ordi nances or regulations of boilers pressure vessels or elevators E.Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. 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 repre sentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 11 98 Copyright Insurance Services Office Inc. 1998 INSURED Page 1 of 1 | 2 |
IL 00210908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following 1. COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The insurance does not apply A. Under any Liability Coverage to bodily 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 Nuclear Energy Liability Insurance Associ ation Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaus tion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been is sued would be entitled to indemnity from the United States of America or any agency thereof under any agreement en tered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to ex penses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or organization C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 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 construc tion maintenance operation or use of any nuclear facility but if such facility is lo cated within the United States of America its territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material 1L 00 21 09 08 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 2 | 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 compo nent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling proc essing or packaging waste c Any equipment or device used for the processing fabricating or alloying of spe cial nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self support ing chain reaction or to contain a critical mass of fissionable material. Property damageincludes all forms of radioactive contamination of property. Page 2 of 2 Copyright ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Company hereby designates the Superintendent Commis sioner or Director of Insurance or other office specified for that purpose in the Statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process in any action suit or proceed ing instituted by or on behalf of the Insured or any benefi ciary hereunder rising out of this contract of insurance and hereby designate the above named as the person to whom said officer is authorized to mail process or a true copy thereof. It is further agreed that service of process may be made upon the President or his nominee of the Company at 9200 East Pima Center Parkway Suite 350 Scottsdale Arizona 85258 and that in any suit instituted against any one of them upon this policy the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal It is agreed that in any state requiring a standard form of policy insurance hereunder on values of properties in such state shall attach and cover in accordance with the terms and conditions of such standard form All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI20 0117 0211 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS This endorsement modifies insurance provided under the following COMMON POLICY CONDITIONS Paragraph 2. of Section A. Cancellation is replaced by 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel lation at least a. Ten 10 days before the effective date of can cellation if we cancel for nonpayment of pre mium including payment due on a prior policy we issued and due during the current policy term covering the same risk or b. Five days before the effective date of cancella tion if we cancel for any other reason The following provision is added to Paragraph E. Premiums If the policy is canceled we will return unearned pre mium to the first Named Insured within a reasonable time after the policy cancellation date and will not be subject to interest or any statutory penalty All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Propetties Inc. 1998 Page 10f 1 INSURED WHI120 0478 07 11 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS K Xif Supplemental Declarations is Attached LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit 100000 Any One Premises Medical Expense Limit 1000 Any One Person Personal Advertising Injury Limit 1000000 Any One Person or Organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit INCLUDED This policy is designated with a Policy Liability Aggregate Limit. Definition Policy Liability Aggregate Limit means the greatest aggregate limit as set forth in the Declarations for any single Coverage Part of this policy. Locations Including Zip Code of All Premises you Own Rent or Occupy Enter Same if same location as your mailing address8715 BIG BEND BLVD. WEBSTER GROVES MO 63119 517 THEATRE LANE WEBSTER GROVES MO 63119 9 PREMIUM INCL 1500 INCL Classification Code Premium Prod Comp Prod Comp Number Basis Prem Ops Ops Prem Ops Ops 4.82 TO THE GENERAL AGGREGATE LIMIT o a Area CONTINUED ON WHI21 0300 p Payroll s Gross Sales 1. Per1000 0 Other Define 2. Other Define THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS IF APPLICABLE TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORMS FORMS AND ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Limit ly One Premises y One Person y One Person or Organization WHI21 0296 10 11 Page 10f3 INSURED | 2 |
When used as a premium base Area means The total number of square feet or floor space at the insured premises computed as follows A c. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors in cluding basements but do not use the area of the following 1. Courts and mezzanine types of floor open ings and 2. Portions of basements of floors where fifty percent 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air condition ing equipment. For tenants determine the area they occupy in the same manner as for the entire building The rates apply per 1000 square feet of area Total Costmeans The total cost of all work let or sublet in connection with each specific project including A The cost of all labor materials and equipment fur nished used or delivered for use in the execution of the work and All fees bonuses or commissions made paid or due. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. Payroll means A. Remuneration which includes money or substi tutes for money Payroll includes 1. Commissions bonuses pay for holidays vacations or periods of illness 2. Extra pay for overtime in accordance with the manuals in use by us Payments by an employer or amounts other wise required by law to be paid by em ployees to statutory insurance or pension plans such as the Federal Social Security Act Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by em ployees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on com parable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money re ceived by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the opera tors are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire or the equipment The payroll or executive officers and individ ual insureds and co partners in accordance with the manuals in use by us and Fees paid to employment agencies for tem porary personnel provided to the insured C. Payrolldoes notinclude 1. Tips and other gratuities received by employees Payments by an employer to group insur ance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual in vention or discovery WHI21 0296 10 11 Page 20f 3 | 2 |
Dismissal or severance payments except for time worked or accrued vacation The payroll of clerical office employees The payroll of salesmen collectors or mes sengers who work principally away from the insured s premises. Salesmen collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer Exception This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold The payroll of drivers and their helpers if their principal duties are to work on or in connec tion with automobiles and The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connec tion with aircraft in either capacity. D. The rates apply per 1000 of payroll Gross Sales means A. The gross amount charged by the named in sured concessionaires of the named insured or by others trading under the insured s name for 1. 2. 3. All goods or products sold or distributed Operations performed during the policy pe riod and Rentals. B. Gross Sales includes 1. Foreign exchange discounts 2. Freight allowance to customers 3. Total sales of consigned goods and ware house receipts 4. Trade or cash discounts 5. Bad debts and 6. Repossession of items sold on installments amount actually collected A. Gross Sales excludes 1. Sales or excise taxes which are collected and submitted to a governmental division 2. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods 3. Finance charges for items sold on installments 4. Freight charges on sales if freight is charged as a separate item on customers invoice and 5. Royalty income from patent rights or copy rights which are not product sales B. The rates apply per 1000 of gross sales. Units means A single room or group of rooms intended for occu pancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. The rates apply per each unit. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 3of 3 WHI21 0296 10 11 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS Premium Classification i Prod C Prod C Basis Prem Ops roo MP premsops roo mp ADDITIONAL INTERESTS 50 100 PER WHI21 0534 FLAT FLAT PREMIUM FULLY EARNED AND BATTERY PER MINIMUM AND DEPOSIT PRMEIUM a Area p Payroll s Gross Sales 0 Other 1. Pers1000 Define Other Define EACH TOTAL a Area p Payroll s Gross Sales 0 Other F LA INC INIMUM AND DEPOSIT RMETUM AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI21 0300 05 09 | 2 |
Western Heritage Insurance Company A Stock Insurance Company herein called the Company PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict coverage. Read the entire Coverage Part 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 Coverage Part. The words we company providing this insurance. us and our refer to the The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION IV DEFINITIONS. SECTION COVERAGES Coverages Professional Liability 1. Insuring Agreement We will pay on your behalf all sums which you shall be come legally obligated to pay as damages because of bodily injury property damage and personal and advertising injury arising out of any negligent act error or omission in the rendering or failure to render profes sional services during the policy period in the policy territory of the type described in the Description of Professional Services shown in the Supplemental Dec larations whether committed by you or by any person for whom you are legally responsible. 2. Defense Settlement Cooperation We will defend any suit against you seeking damages because of bodily injury property damage or per sonal and advertising injury to which this insurance applies even if any of the allegations of the suit are groundless false or fraudulent and it is agreed that we may make such investigation and settlement of any claim or suit as we deem expedient but we shall not be obligated to pay any claim or judgment or to de fend any suit after the applicable limit of our liability has been exhausted by payment of judgments or settlements. We shall have the exclusive right to contest or settle any of said suits or claims. You shall not interfere in any way respecting any negotiations for the settlement of any claim or suit nor in the conduct of any legal proceedings but shall at all times at the request of us or our authorized representatives render to us all pos sible cooperation and assistance. You shall not except at your own cost voluntarily make any payment admit any liability settle any claim assume any obligation or incur any expense without our written consent. Exclusions This policy does not apply to a. Any dishonest fraudulent criminal or malicious act or omission of you any partner or employee b. Any injury arising out of the rendering of or failure to render professional services not described in the Description of Professional Services shown in the Supplemental Declarations c. Liability arising out of the ownership maintenance operation use loading or unloading of any vehicle watercraft or aircraft d. Liability assumed by you under any contract or agreement either verbal or written e. Any obligation for which you or any carrier as your insurer may be held liable under any worker s com pensation unemployment compensation or dis ability benefits law or under any similar law. Bodily injury to any employee of yours arising out of and in the course of their employment by you d. Any loss or claims based upon or arising out of the Securities Act of 1933 or the Securities Exchange Act of 1934 or any amendment thereof or addition thereto or any State Securities Act also known as iability WHI21 0147 11 10 Page 10f5 INSURED | 2 |
Blue Sky Laws or amendments thereof or addi tions thereto h. Any loss arising from the practice of law i. Your liability for your acts or omissions as a doctor of medicine J. Any claim alleging based upon arising out of at tributable to directly or indirectly resulting from in consequence of or in any way involving 1 The actual alleged or threatened discharge dispersal release escape seepage migration or disposal of pollutants or 2 Any direction or request that you test for mon itor clean up remove contain treat detoxify or neutralize pollutants or any voluntary de cision to do so or K. Any injury sustained by any person arising out of or resulting from sexual andor physical abuse by 1 Any insured 2 Any of your employees 3 Any person performing volunteer services for you or on your behalf or 4 Any other person. 4. Limits of Liability Regardless of the number of Insureds who are in sured under this policy our liability is limited as follows a. The Limit of Liability stated in the Supplemental Declarations as applicable to each claim is the limit of our liability for all damages because of bodily injury property damage or personal injury and advertising injury arising out of each claim or suit covered hereby. b. The Limit of Liability stated in the Supplemental Declarations as aggregate is subject to the above provision respecting each claim the total limit of our liability under this Coverage Part for all dam ages because of bodily injury property damage or personal injury and advertising injury. SECTION II WHO IS AN INSURED 1. Ifyou are designated in the Declarations as a. An individual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. 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 con duct of your business.. A limited liability company you are an Insured Your members are also Insureds but only with re spect to the conduct of your business. Your man agers 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 in sured. 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. Each of the following is also an Insured Your employees other than either your executive of ficers if you are an organization other than a partner ship 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. SECTION Il CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the in sured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or of fense took place 2 The names and addresses of any injured per sons and witnesses and 3 The nature and location of any injury or dam age arising out of the occurrence or offense b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and sulting from sexual and or physical abuse ny insured ny of your employees ny person performing volunteer services for u or on your behalf or ny other person. ability s of the number of Insureds who are in er this policy our liability is limited as follows T WHI121 0147 11 10 Page 20f 5 | 2 |
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. Youand 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 settle ment of the claim or defense against the suit and 4 Assist us upon our request in the enforce ment of any right against any person or organi zation which may be liable to the insured because of injury or damage to which this in surance may also apply d. No insured will except at that insured s own cost voluntarily make a payment assume any obliga tion 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 Cover age 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 in sured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance Liability provided by any other Coverage Part under this policy shall not apply to the rendering of or failure to render professional services. Coverage for such is provided exclusively under this Coverage Part. If other valid and collectible insurance is available to the insured for a loss we cover under Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether pri mary excess contingent or on any other basis. 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 by attachment of an endorsement. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the in sured against that suit. If no other insurer de fends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insur ance 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 insur ance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Supplemental 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 WHI121 0147 11 10 Page 3 of 5 | 2 |
of insurance or none of the loss remains which ever comes first If any of the other insurance does not permit contri bution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned pre mium for that period and send notice to the first Named Insured. The due date for audit and retro spective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. Asif each Named Insured were the only Named In sured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the in sured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew It we decide not to renew this Coverage Part we wil mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date If notice is mailed proof of mailing will be sufficient proof of notice SECTION IV DEFINITIONS 1. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time 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. Leased worker means a person leased to you by a labor leasing firm under a agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not in clude a temporary worker. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury includ ing consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. 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 occu pies committed by or on behalf of its owner land lord or lessor WHI121 0147 11 10 Page 4 of 5 | 2 |
d. Oral or written publication in any manner of mate rial that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of mate rial that violates a person s right of privacy f. The use of another s advertising idea in your ad vertisement or dg. Infringing upon another s copyright trade dress or slogan in your advertisement. Policy territory means a. The United States of America including its terri tories and possessions Puerto Rico and Canada b. International waters or airspace but only if the in jury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar elec tronic means of communication provided the insured s responsibility to pay damages is de termined in a suit on the merits in the terri tory described in Paragraph a. above or in a settlement we agree to Pollutants means any substance exhibiting any haz ardous characteristics as defined by or identified on a list of hazardous substances issued by the United States Environmental Protection Agency or any fed eral state county municipal or local counterpart thereof or any foreign equivalent. Such substances shall include without limitation solids liquids gas eous biological bacterial or thermal irritants contami nants or smoke vapor soot fumes acids alkalis chemicals or waste materials including materials to be reconditioned recycled or reclaimed. Pollutants shall also mean any other air emission or particulate odor waste water oil or oil products infectious or medical waste asbestos or asbestos products noise fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi but does not include any fungi intended by you for consumption and electric or magnetic or electro magnetic field 9. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physi cally injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with elec tronically con trolled equipment. 10. Sexual and or physical abuse means sexual or physi cal injury or abuse including but not limited to assault and battery negligent or deliberate touching corporal punishment and mental abuse 11. Suit means a civil proceeding in which damages because of bodily injury property damage or per sonal 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. 12. 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. WHI121 0147 11 10 Page 50f 5 | 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 Il Who Is An Insured. Other words and phrases that appear in quota tion marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age 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 in sured 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 IIl Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of in surance 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 ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 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 oc currence or claim knew that the bodily injury or property damage had oc curred 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 resump tion 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 Para graph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period 3 Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 2 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. CG 00010413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to c. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence 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 oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide trans portation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily in jury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic bever ages. For the purposes of this exclusion per mitting 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 it self 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 unemploy ment 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 con duct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured contract Page 20f16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subpara graph 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 dam age for which you may be held liable if you are a contractor and the owner or lessee of such prem ises site or location has been added to your policy as an addi tional 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 oc cupied by or rented or loaned to any insured other than that addi tional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire b At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste c Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally respon sible or d At or from any premises site or loca tion on which any insured or any con tractors 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 connec tion with such operations by such in sured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operating fluids which are needed to per form the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a ve hicle 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 disper sal or release of the fuels lubri cants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be dis charged dispersed or released as part of the operations being per formed by such insured contrac tor or subcontractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iiiy Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or loca tion on which any insured or any con tractors 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 de toxify or neutralize or in any way re spond to or assess the effects of pollutants CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 30f16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured 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 assess ing 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 require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrust ment to others of any aircraft auto or water craft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 Awatercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or h. 5 Bodily injury or property damage aris ing out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demoli tion or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 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 includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion 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 Copyright Insurance Services Office Inc. 2012 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 subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it 6 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 IlI Limits Of Insurance Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 8 of this exclusion does not apply to property damage included in the prod ucts 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 prod ucts completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the dam age 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 dan gerous 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 ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property 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 ad vertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to ac cess or inability to manipulate electronic data. However this exclusion does not apply to lia bility 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 sys tems 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. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 2 3 CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 50f 16 | 1 |
4 Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the print ing dissemination disposal collecting recording sending transmitting com municating or distribution of material or information Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We 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 per sonal and advertising injury to which this insurance does not apply. We may at our dis cretion 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 Ill Limits Of Insurance and Our right and duty to defend end when we have used up the applicable limit of in surance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 2 No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowl edge that the act would violate the rights of another and would inflict personal and adver tising 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 in sured 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 be fore 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 con tract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement Page 6 of 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual prop erty 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 in fringement in your advertisement of copy right trade dress or slogan Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or An Internet search access content or service provider. 3 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 advertis ing broadcasting publishing or telecasting Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. 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 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 2 3 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 ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the print ing dissemination disposal collecting recording sending transmitting com municating or distribution of material or information. 4 CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 7 0f 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement 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 cov erage territory and during the policy period b The expenses are incurred and re ported to us within one year of the date of the accident and c The injured person submits to exami nation at our expense by physicians of our choice as often as we reason ably require. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services 2. Exclusions We will not pay expenses for bodily injury Any Insured To any insured except volunteer workers Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instruct ing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed oper ations hazard Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations aris ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the in vestigation or defense of the claim or suit in cluding actual 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 in clude attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the in sured 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. Page 8 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an in demnitee 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 The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the de fense of that indemnitee has also been as sumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose cover age is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and d 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Cov erage A Bodily Injury And Property Damage Li ability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of insur ance 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. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business.. 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 stock holders are also insureds but only with re spect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 9 0f 16 | 1 |
2. Each of the following is also an insured b. 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 lim ited 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 ven ture to your members if you are a limited liability company to a coem ployee while in the course of his or her employment or performing duties related to the conduct of your busi ness or to your other volunteer workers while performing duties re lated to the conduct of your business b To the spouse child parent brother or sister of that coemployee or vol unteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damageto property a Owned occupied or used by b Rented to in the care custody or con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper tem porary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties under this Coverage Part. 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 there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regard less of the number of a. Insureds b. Claims made or suits brought or. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property dam age included in the products completed op erations hazard and c. Damages under Coverage B. or viding or al health y or con al control noce hy Page 10 0f 16 Copyright Insurance Services Office Inc. 2012 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 op erations 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 be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subjectto Paragraph 2. or 3. above whichever ap plies 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 dam age arising out of any one occurrence 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of bodily injury sustained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy 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 obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable You must see to it that we receive written notice of the claim or suit as soon as practicable. c. Youand any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforce ment of any right against any person or organization which may be liable to the in sured 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 11 0f 16 | 1 |
Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary Then we will share with all that other insurance by the method described in Paragraph c. a. below. Excess Insurance 1 This insurance is excess over. 2 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 ii That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a ten ant for property damage to premises rented to you or tempo rarily occupied by you with per mission of the owner or iv If the loss arises out of the main tenance or use of aircraft autos or watercraft to the extent not sub ject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or opera tions or the products and completed operations for which you have been added as an additional insured. 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 in sured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of. a The total amount that all such other in surance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 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 insurer con tributes equal amounts until it has paid its ap plicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium compu tation and send us copies at such times as we may request 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete Page 12 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representa tions you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our re quest the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is li censed or principally garaged However auto does not include mobile equipment. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time Coverage territory means a. The United States of America including its ter ritories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or dam age 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 sim ilar electronic means of communication 2 3 provided the insured s responsibility to pay damages is determined in a suit on the mer its in the territory described in Paragraph a. above or in a settlement we agree to Employee includes a leased worker. Employee does not include a temporary worker Executive officer means a person holding any of the officer positions created by your charter con stitution bylaws or any other similar governing document Hostile fire means one which becomes uncontrol lable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fuffill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 13 0f 16 | 1 |
Insured contract means A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be im posed 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 in jury 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 2 a Preparing approving or failing to pre pare or approve maps shop draw ings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 3 0. 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 re lated 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 ac cepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft water craft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment 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 per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo Page 14 0f 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for. a Snow removal b Road maintenance but not construc tion 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 ga raged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including contin uous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury in cluding consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 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 re conditioned or reclaimed 16. Products completed operations hazard a. b. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session o 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equip ment or abandoned or unused materials or c 2 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 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 occur rence that caused it. For the purposes of this insurance electronic data is not tangible property CG 00010413 Copyright Insurance Services Office Inc. 2012 Page 150f 16 | 1 |
18. 19. 20. 21 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 com puter software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connec tion with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warn ings or instructions c. Does not include vending machines or other property rented to or located for the use of others but not sold 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 qual ity durability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 Copyright Insurance Services Office Inc. 2012 CG 00010413 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20021185 ADDITIONALINSURED CLUB MEMBERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED Section Il is amended to include as an insured any of your members but only with respect to their liability for your activities or activities they perform on your behalf. CG 20021185 Copyright Insurance Services Office Inc. 1984 INSURED Page 1of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 21011185 EXCLUSION ATHLETIC OR SPORTS PARTICIPANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Operations GYM AND DANCE CLASSES RA HEALTH OR EXERCISE CLUBS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to any operations shown in the Schedule this insurance does not apply to bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition that you sponsor. CG21011185 Copyright Insurance Services Office Inc. 1984 INSURED Page 1of 1 | 2 |
POLICY NUMBER scrP0976883 POLICY NUMBER scrP0976883 COMMERCIAL GENERAL LIABILITY CG 21440798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Premises 8715 BIG BEND BLVD. WEBSTER GROVES MO 63119 517 THEATRE LANE WEBSTER GROVES MO 63119 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage personal and advertising injury and medical expenses arising out of 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The project shown in the Schedule CG 21440798 Copyright Insurance Services Office Inc. 1997 INSURED Page 1 of 1 | 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 a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or pres ence of any fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bac teria by any insured or by any other per son 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 pres ence of any fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring clean ing up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bac teria by any insured or by any other per son or entity. 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 Copyright ISO Properties Inc. 2003 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism The following definitions are added 1. For the purposes of this endorsement any in jury 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 dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individ ual 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 Govern ment by coercion CG 21730108 Copyright ISO Properties Inc. 2007 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST 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 silica Or Silica Related Dust 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. 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. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing con taining 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 in sured 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 al leged 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 con taining 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 in sured or by any other person or entity. C. The following definitions are added to the Defini tions 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 combi nation of silica and other dust or particles. CG 21960305 Copyright ISO Properties Inc. 2004 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 22760413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION HEALTH OR EXERCISE CLUBS OR COMMERCIALLY OPERATED HEALTH OR EXERCISE FACILITIES 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 Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section Coverage B Personal And Ad vertising Injury Liability This insurance does not apply to bodily injury prop erty damage or personal and advertising injury arising out of the rendering of or failure to render any service treatment advice or instruction relating to physical fitness including services or advice in con nection with diet cardiovascular fithess bodybuilding or physical training programs. 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 service treatment advice or instruction described above. CG 22760413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following Insured contract means A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organi zation for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damageto a third person or organization pro vided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement Paragraph f. does not include that part of any con tract or agreement 1 That indemnifies a railroad for bodily injury 2 3 or property damage arising out of construc tion 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 sur veyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opin ions 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 b Under which the insured if an architect engi neer or surveyor assumes liability for an injury or damage arising out of the insured s render ing or failure to render professional services including those listed in 2 above and supervi sory inspection architectural or engineering activities CG 24260413 Copyright Insurance Services Office Inc. 2012 INSURED Page 1 of 1 | 2 |
Western Heritage Insurance Company ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE T romame AT or 1 oARD T HAMED sURED AcenTo 01282014 MJ PERFORMING AR The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MEMBERS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART We will not pay for damages because of bodily injur property damage personal and advertising injury or medical expense arising out of occurrences between two or more club society association organization foundation or similar group of members. Members include all active inactive auxiliary or national members. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE INSURED WHI21 0160 04 00 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED SPECIAL PROVISIONS LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM ASSAULT AND OR BATTERY LIMITED LIABILITY COVERAGE FORM SEXUAL AND OR PHYSICAL ABUSE LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PROFESSIONAL LIABILITY COVERAGE FORM ERRORS OR OMISSIONS COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM The following special provisions shall apply 1. ASBESTOS EXCLUSION This policy does not apply to injury bodily injury personal and advertising injury property damage or errors or omissions arising out of a. The use or installation of asbestos in constructing or manufacturing any good product or structure b. The removal of asbestos from any good product or structure c. The manufacturing transportation storage or dis posal of asbestos or goods or products containing asbestos or d. Inhaling ingesting or prolonged physical exposure to asbestos or goods or products containing as bestos. The coverage afforded by this policy does not apply to payment for the investigation or defense of any loss injury or damage or any cost fine or penalty or for any expense or claim or suit related to any of the above EARTH AND LAND MOVEMENT EXCLUSION This policy does not apply to injury bodily injury personal and advertising injury property damage or errors or omissions caused directly or indirectly or in whole or in part by the movement in any direction of earth or land regardless of a. The cause or source of such earth or land movement b. Whether such earth or land movement arises from natural or man made forces or causes or c. Whether such earth or land movement occurs 1 Independently of 2 Asaresult of 3 In concurrence or connection with or 4 In any sequence associated with WHI21 0194 12 12 Page 10f 4 INSURED | 2 |
any other natural or man made forces causes events or operations. Earth or land movement includes but is not limited to subsidence settling sinking rising slipping falling away caving in shifting expanding contracting dis solving eroding mudflow sliding tilting of land or earth earthquakes volcanic eruption and weather. We will have no duty to settle any claim or defend any suit against the insured seeking damages on account of any such injury loss or damage related to any of the above. PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION This policy does not apply to claim or indemnification for punitive or exemplary damages nor to any form of equitable relief. If a suit is brought against the Insured for a claim falling within the coverage provided by the policy seeking both compensatory and punitive or exemplary damages then the Company will afford a defense to such action. The Company shall not have an obligation to pay for any costs interest or damages attributable to punitive or exemplary damages or any form of equitable relief. MINIMUM EARNED PREMIUM If this policy is cancelled at the request of the Insured the total premium retained by the Company shall not be less than twenty five percent 25 of the original premium AMENDMENT OF LIABILITY PREMIUM CONDITIONS The premium designated in this policy as advance pre mium is a minimum and deposit premium. The final premium shall be subject to audit. At the close of each audit period we will compute the earned premium for that period. Any audit premiums are due and payable to us 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 subject to the minimum premium as defined below. In the event the first Named Insured fails or refuses to allow our repre sentative to audit your books and records we may uni laterally charge a final premium for the Policy Period at double the minimum or advance premium whichever is greater and such final premium shall be immediately due and payable on notice to the first Named Insured. 6. The terms advance premium earned premium and minimum premium are defined as follows Advance Premium the premium that is stated in the applicable initial policy Declarations or Re newal Certificate and payable in full by the first Named Insured at the inception of each Policy Period Earned Premium the premium that is developed by applying the rates scheduled in the policy to the actual premium basis for the audit period Minimum Premium the lowest premium for which this insurance will be written for the Policy Period stated in the Declarations of the applicable initial policy or subsequent Renewal Certificate. This min imum premium is equal to one hundred percent 100 of the advance premium including any pre mium adjustments made by endorsement to this policy during the Policy Period. Premium adjust ments do not include the audit premium developed for the Policy Period stated in the Declarations. LEAD CONTAMINATION EXCLUSION This policy does not apply to injury bodily injury personal and advertising injury property damage or errors or omissions arising out of the manufacture sale lease distribution storage handling installation repair removal testing inspection disposal or other use of exposure to or contact with any goods prod ucts materials plant life or structures containing lead in any form including without limitation claims arising out of continuous intermittent or repeated exposure to and or ingestion inhalation or absorption of lead. This exclusion applies regardless of whether the injury bodily injury personal and advertising injury prop erty damage or errors or omissions results from in haling eating drinking physical contact or any other means of lead contamination. EMPLOYMENT RELATED PRACTICES EXCLUSION This policy does not apply to liability for injury bodily injury personal and advertising injury property damage errors or omissions or SEXUAL AND OR PHYSICAL ABUSE arising out of any a. Refusalto employ b. Termination of employment R i e WD mamiipiEly MEhEgEs e y table relief. ARNED PREMIUM is cancelled at the request of the Insured mium retained by the Company shall not twenty five percent 25 of the original NT OF LIABILITY PREMIUM NS n designated in this policy as advance pre minimum and deposit premium. The final all be subject to audit. At the close of each we will compute the earned premium for Any audit premiums are due and payable ice to the first Named Insured. If the sum of WHI21 0194 12 12 Page 2of 4 | 2 |
c. Coercion demotion evaluation reassignment dis cipline defamation harassment includes sexual harassment humiliation discrimination or other employment related practices policies acts or omissions or d. Consequential injury bodily injury personal and advertising injury property damage errors or omissions or SEXUAL AND OR PHYSICAL ABUSE as a result ofa. b. or. above This exclusion applies whether the insured may be held liable as an employer or in any other capacity or to any obligation to share damages with or indemnify or reimburse another who must pay damages because of the injury OTHER INSURANCE EXCESS COVERAGE There is no coverage provided under this policy if at the time of the loss or damage there is any other valid and collectible insurance which would attach if this insurance had not been effected except that this insur ance shall apply only as excess and in no event as contributing insurance and then only after all other in surance has been exhausted Whenever this policy becomes excess over any other valid and collectible insurance whether primary ex cess or contingent available to the Insured it shall in no way obligate the Company to provide or furnish investi gation adjustment attorney s fees or any other ex penses in connection with the defense or handling of any claims. This however does not prevent the Com pany at its discretion from employing inves tigators or attorneys to protect its interest in connection with the handling of the claims if it so desires. MENTAL INJURY EXCLUSION This policy does not apply to any liability arising out of emotional distress mental anguish humiliation mental distress mental injury anxiety inconvenience depres sion dissatisfaction or shock to the nervous system or any physical manifestation of any of the foregoing or any similar injury unless it arises out of actual injury bodily injury errors or omissions or SEXUAL AND OR PHYSICAL ABUSE to that person or mem ber of that person s family. HYDRAULIC FRACTURING EXCLUSION This policy does not apply to a. Injury bodily injury personal and advertising injury property damage or errors or omissions 1 Arising in whole or in part out of any opera tion involving substances under pressure being pumped underground with the objective of creating fractures in geologic formations to facilitate the release and extraction of hydro carbons including but not limited to oil or natural gas. Such operations include but are not limited to hydraulic fracturing gas frack ing and or the actual alleged threatened or suspected contact with exposure to exis tence of or presence of any flowback or the handling transporting storage release or dis posal of any flowback by any insured or by any other person or entity or 2 Caused directly or indirectly or in whole or in part by the movement in any direction of earth or land arising in whole or in part out of any operation involving substances under pressure being pumped underground with the objective of creating fractures in underground geologic formations to facilitate the release and extraction of hydrocarbons including but not limited to oil or natural gas. Such opera tions include but are not limited to hydraulic fracturing or gas fracking. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating reme diating or disposing of or in any way responding to or assessing the effects of hydraulic fracturing gas fracking or flowback by any insured or by any other person or entity. We will have no duty to settle any claim or defend any suit against the insured arising out of or in any way re lated to items a. or b. above With respect to the above hydraulic fracturing exclu sion the following definitions apply a. Hydraulic fracturing or hydrofracking means the process by which water proppants chemicals andor other fluid additives are injected at high pressure into underground geologic formations to create fractures to facilitate the extraction of any hydrocarbons including but not limited to natural gas and or oil. Flowback means any substance containing re turned hydraulic fracturing fluid including but not limited to water proppants hydraulic fracturing fluid additives and any hydrocarbon compounds salts conventional pollutants organics metals WHI21 0194 12 12 Page 3of 4 | 2 |
1. and naturally occurring radioactive material brought to the surface with the water. c. Gas fracking or liquefied propane butane gas fracturing means the waterless process by which propane gel and proppants are injected at high pressure into underground geologic formations to create fractures to facilitate the release and extrac tion of natural gas. d. Proppant means particles that are used to keep fractures open after a hydraulic fracturing treatment. COMMUNICABLE DISEASE EXCLUSION This policy does not apply to injury bodily injury personal and advertising injury property damage errors or omissions SEXUAL AND OR PHYSICAL ABUSE or medical payments or other damages arising out of the actual or alleged transmission of or exposure to inclusive of the continuing spread of a communi cable disease. This exclusion applies even if claims against any in sured allege negligence or other wrongdoing in the a. Actor failure to act by any insured b. Supevising hiring employing training or monitor ing of others or care of animals that may be in fected with and spread a communicable disease. Testing for a communicable disease d. Failure to prevent the spread of the disease inclu sive of the continuing spread or e. Failure to report the disease to authorities as re quired by local state or federal law statute or reg ulation With respect to this Communicable Disease Exclusion the following definitions apply a. Communicable disease means any infectious andor contagious disease or illness carried by microorganisms and transferred through humans animals surfaces foods vectors or air whether transmitted by direct or indirect contact. Commu nicable disease includes but is not limited to diseases or illnesses caused by bacteria fungus protozoa virus or any combination of the foregoing b. Vectors means 1 An insect or other organism that transmits a pathogenic fungus virus or bacteria or 2 Any agent that acts as a carrier o transporter as a virus or plasmid that conveys a genetically engineered DNA segment into a host cell AUTHORIZED REPRESENTATIVE DATE Page 4 of 4 WHI21 0194 12 12 | 2 |
Western Heritage Insurance Company ATTACHED T0 AND. FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO RIING A FART O 1201 A.M. STANDARD TIME 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUN TANNING SALON EXCLUSION We will not pay for damages because of bodily injury arising out of your failure either to regulate tanning booth timing controls or to provide protective eye wear to customers. It is further understood and agreed that we have no duty to defend you against any claim seeking damages for such failure All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE INSURED WHI21 0196 03 99 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO SRMING A FART O 1201 A.M. STANDARD TIME 01282014 MJ PERFORMING ARTS ACADEMY LLC 15010 The above information is required only when this endorsement is issued subsequent to preparation of the policy. SEXUAL AND OR PHYSICAL ABUSE LIABILITY COVERAGE FORM INSURING AGREEMENT Sexual and or Physical Abuse Liability is covered up to the limits of liability shown below. Coverage is subject to this cover age form and the exclusions conditions and other terms of this policy. LIMITS OF LIABILITY COVERAGE each claim Sexual and or Physical Abuse Liability aggregate Advance Premium Premium Bases m Description of Hazards INCL INCL NCL GYM AND DANCE C HEALTH OR EXERCISE CLUBS INCLUDED TOTAL ADVANCE PREMIUM I. COVERAGES SEXUAL AND OR PHYSICAL fraudulent and may make such investigation and ABUSE LIABILITY such settlement of any claim or suit as we deem expedient but we shall not be obligated to pay any claim or judgment or to defend any suit after the ap plicable limit of our liability has been exhausted We will pay on your behalf all sums which you shall become legally obligated to pay as DAMAGES be cause of injury occurring during the policy period to any person and arising out of SEXUAL AND OR 1l. EXCLUSIONS PHYSICAL ABUSE caused by one of your EMPLOY EES or arising out of your failure to properly super vise. We shall have the right and duty to defend any a to any actual or alleged SEXUAL AND OR suit against you seeking such DAMAGES even if any PHYSICAL ABUSE by you or PERSONS IN of the allegations of the suit are groundless false or SURED see Section Il below This policy does not apply alblld UL Lashilus LLUDO WHI21 0210 03 05 Page 10f2 INSURED | 2 |
b to liability of others assumed by you under any contract or agreement either oral or in writing unless specifically endorsed hereon c to any obligation for which you or any carrier as your insurer may be held liable under any work ers compensation unemployment compensation or disability benefits law or under any similar law d to bodily injury to or SEXUAL AND OR PHYSI CAL ABUSE sickness disease or death sus tained by any of your EMPLOYEES arising out of and in the course of employment by you e to any loss or claim either directly or indirectly arising from your activities as an officer or direc tor of any corporation company or business other than that of the Named Insured or to any claim for punitive or exemplary damages PERSONS INSURED Each of the following is an insured under this insur ance to the extent set forth below a if the Named Insured is designated in the DECLA RATIONS as an individual the person so desig nated but only with respect to the conduct of a business of which he is the sole proprietor and the spouse of the Named Insured with respect to the conduct of such a business b if the Named Insured is designated in the DECLA RATIONS as a partnership or joint venture the partnership or joint venture so designated and any partner or member thereof but only with re spect to his liability as such or c if the Named Insured is designated in the DECLA RATIONS as other than an individual partnership or joint venture the organization so designated and any executive officer director or stockholder thereof while acting within the scope of his duties as such IV. LIMITS OF LIABILITY VI Regardless of the number of insureds under this pol icy our liability is limited as follows The limit of liability stated in the schedule as applica ble to each claim is the limit of our liability for all DAM AGES because of each claim or suit covered hereby. The limit of liability stated in the schedule as aggre gate subject to the above provision regarding each claim is the total limit of our liability under this Cover age for all DAMAGES. SUPPLEMENTARY PAYMENTS We will pay in addition to the applicable limit of liabil ity for DAMAGES all interest on that amount of any judgment payable by us that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the amount available for the judg ment. DEFINITIONS a SEXUAL AND OR PHYSICAL ABUSE means sexual or physical injury or abuse including as sault and battery negligent or deliberate touch ing b EMPLOYEE means any person other than a PERSON INSURED in your employment includ ing but not limited to persons with child caring re sponsibilities attendants janitors bus drivers and volunteer workers. c DAMAGES means all damages including dam ages for death which are payable because of in jury to which this insurance applies. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 20f 2 WHI21 0210 03 05 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSAULT ORBATTERY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM CLERGY COUNSELING ERRORS AND OMISSIONS COVERAGE FORM ERRORS AND OMISSIONS COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PROFESSIONAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM This policy does not apply to bodily injury property damage personal and advertising injury injury injury or damage error or omission or medical expense arising out of assault or battery or out of any act or omission in connection with the prevention or suppression of such acts including failure to warn train or supervise whether caused by or at the instigation or direction of the insured his employees patrons or any other person or failure to render aid and or notify emergency personnel All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI21 0376 08 12 | 2 |
Western Heritage insurance Company ATTACHED TO AND ENDORSEMENT EFFECTIVE DATE rorumg AmaTor G STanoARD TN E NAMED INSURED AGENTNO. SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON STACKING OF LIMITS ENDORSEMENT TWO OR MORE COVERAGE FORMS COVERAGE PARTS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following ALL COVERAGE FORMS OR COVERAGE PARTS PROVIDING LIABILITY COVERAGE If any Coverage Form Coverage Part or policy issued to you by us or any company affiliated with us apply to the same claim for damages the maximum Limit of Insurance for Liability Coverage under all of the Coverage Forms Coverage Parts or policies shall not exceed the highest applicable Limit of Insurance available under any one Coverage Form Coverage Part or policy. This endorsement does not apply to any Coverage Form Coverage Part or policy issued by us or an affiliated company specifically to apply as excess insurance over this policy. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE INSURED WHI 210467 0204 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SEXUAL AND OR PHYSICAL ABUSE EXCLUSION This endorsement modifies insurance provided under CLERGY ERRORS AND OMISSIONS COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM ERRORS AND OMISSIONS COVERAGE FORM PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL EXCESS LIABILITY COVERAGE FORM This policy does not apply to any injury sustained by any person arising out of or resulting from Sexual andor Physical abuse by 1. anyinsured 2. any of your Employees 3. any person performing volunteer services for you or on your behalf or 4. any other person We shall not have any duty to defend any suit against you seeking damages on account of any such injury. The intent of this endorsement is to exclude all injury sus tained by any person including emotional distress arising out of Sexual andor Physical abuse including but not limited to Sexual and or Physical abuse caused by negli gent employment investigation supervision or reporting to the proper authorities or failure to so report or retention of a person for whom any insured is or ever was legally responsible The following Definitions are added to the policy 1. Sexualand or Physical abuse means sexual or physi cal injury or abuse including but not limited to assault and battery negligent or deliberate touching corporal punishment and mental abuse. 2. Employee means any person other than a person in sured in your employment including but not limited to a. persons with child caring responsibilities b. attendants c. janitors d. busdrivers and e. volunteer workers. 3. Damages means all damages including damages for death which are payable because of injury to which this insurance applies. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Page 10f 1 INSURED WHI21 0486 08 12 | 2 |
Western Heritage Insurance Company FORMING A PART G EUOORSEMENT EFFECTIVE DATE NAMED INsURED AGENT O POLICY NUMBER 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC 15010 The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM The CONDITION entitled When We Do Not Renew is deleted in its entirety. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE INSURED WHI21 0490 08 05 | 2 |
Western Heritage Insurance Company ATTACHED T0 AND EnDORSEM ENT EFFECTIVE DATE NAMED INSURED AGENTNO RMING PART G 1201 A.M. STANDARD TIME 5CP0976883 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation ofthe policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART SCHEDULE Designation of Premises Part Leased to You 517 THEATRE LANE WEBSTER GROVES MO 63119 Name of Person or Organization Additional Insured THEATRE GUILD OF WEBSTER GROVE 517 THEATRE LANE WEBSTER GROVES MO 63119 WHO IS AN INSURED Section Il is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant on that premises 2. Any occurrence which takes place after you have subleased the premises in whole or in part or 3. Structural alterations new construction or demolition operations performed by or on behalf of the per son or organization shown in the Schedule. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 1992 2003 Page 10f 1 INSURED WHI21 0534 04 09 | 2 |
Western Heritage Insurance Company ATTACHED T0 AND EnDORSEM ENT EFFECTIVE DATE NAMED INSURED AGENTNO RMING PART G 1201 A.M. STANDARD TIME 5CP0976883 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation ofthe policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART SCHEDULE Designation of Premises Part Leased to You 8715 BIG BEND BLVD. WEBSTER GROVES MO 63119 Name of Person or Organization Additional Insured WHO IS AN INSURED Section Il is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant on that premises 2. Any occurrence which takes place after you have subleased the premises in whole or in part or 3. Structural alterations new construction or demolition operations performed by or on behalf of the per son or organization shown in the Schedule. All other Terms and Conditions of this Policy remain unchanged. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 1992 2003 Page 10f 1 INSURED WHI21 0534 04 09 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASSAULT AND OR BATTERY LIMITED LIABILITY COVERAGE FORMS This endorsement modifies insurance provided under COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR PROFESSIONAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Throughout this coverage form the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named In sured under this policy. The words we fer to the company providing this insurance. us and our re The word insured means any person or organization qual ifying as such under item 3. WHO IS AN INSURED of this endorsement Except as provided by this coverage form this policy does not apply to injury bodily injury property damage error or omission or personal and advertising injury re gardless of intent arising from 1. Assault andor Battery committed by a. Any insured b. Any employee employee of any insured or c. Any other person or 2. The failure to suppress or prevent Assault and or Bat tery by any person in 1. above or 3. The selling serving or furnishing of alcoholic beverage which results in an Assault and or Battery or 4. The negligent a. Employment b. Investigation. Supervision d. Reporting to the proper authorities or failure to so report or e. Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by paragraphs 1. and 2. above. We will have no duty to defend any suit suit against you seeking damages damages on account of any such in jury unless coverage is provided by this Coverage Form. The coverage provided is described below INSURING AGREEMENTS For the premium shown below we agree to afford cov erage with respect to Assault and or Battery Liability only as indicated on this Coverage Form and subject to the liability limits and provisions as set forth in this Coverage Form. ed Insured snown In the Declarations and or organization qualifying as a Named In policy. The words we us and our re ny providing this insurance. d means any person or organization qual der item 3. WHO IS AN INSURED of this led by this coverage form this policy does jury bodily injury property damage n or personal and advertising injury re t arising from or Battery committed by red loyee employee of any insured or o1 person or o suppress or prevent Assault and or Bat We w seekir jury ul The c INSUI Enr WHI21 0540 06 09 Page 10f3 INSURED | 2 |
1. INCLUDED LIMITS OF LIABILITY COVERAGE Assault and or Battery Liability 100000 Each Event 300000 Aggregate INCLUDED TOTAL PREMIUM COVERAGES Assault and or Battery LIABILITY We will pay on your behalf all sums which you shall be come legally obligated to pay as damages because of injury bodily injury property damage omission or personal and advertising injury to any person arising out of Assault and or Battery that takes place during the policy period. error or We will have the right and duty to defend any suit against you seeking such damages even if any of the allegations of the suit are groundless false or fraudu lent and may make such investigation and such settle ment of any claim or suit as we deem expedient but we shall not be obligated to pay any claim or judgment or to defend any suit after the applicable Limit of Liability shown in this Coverage Form has been exhausted However we will have no duty to defend the insured against any suit seeking damages to which this insur ance does not apply. EXCLUSIONS This coverage form does not apply to a. Liability of others assumed by you under any con tract or agreement either oral or in writing unless specifically endorsed hereon b. Assault andor Battery to 1 Any of your employees arising out of and in the course of. a Employment by you erforming duties related to the conduct o b Perf duties related to th duct of your business or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or re pay someone else who must pay damages be cause of the injury c. Any loss or claim either directly or indirectly arising from your activities as an officer or director of any corporation company or business other than that of the Named Insured or d. Any claim for punitive or exemplary damages WHO IS AN INSURED Each of the following is an insured under this insurance to the extent set forth below a. If the Named Insured is designated in the Declara tions as an individual the person so designated but only with respect to the conduct of a business of which that person is the sole proprietor and the spouse of the Named Insured with respect to the conduct of such a business. b. If the Named Insured is designated in the Declara tions as a partnership or joint venture the part nership or joint venture so designated and any partner or member are also insureds but only with respect to the conduct of your business. c. If the Named Insured is designated in the Declara tions as other than an individual partnership or 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. d. If the Named Insured is designated in the Declara tions as a limited liability company your members are also insured but only with respect to the conduct of your business. Your managers are in sureds but only with respect to their duties as your managers. WHI21 0540 06 09 Page 20f 3 | 2 |
Your employees other than either your execu tive officers if you are an organization other than a partnership joint venture or limited liability com pany 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 du ties related to the conduct of your business. How ever none of these employees is an insured for 1 Assault and or Battery a To you to your partners or members if b c d e you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that coemployee is either in the course of his or her employment or perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee as a conse quence 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 Paragraph 1a or b above or Arising out of his or her providing or fail ing to provide professional health care services. Arising out of his or her failure to promptly render aid andor notifying emergency personnel. LIMITS OF LIABILITY Regardless of the number of insureds under this policy our liability is limited as follows The limit of liability stated in this coverage form as ap plicable to each Event is the most we will pay for all damages arising out of injury bodily injury prop erty damage personal and advertising injury or errors or omissions because of assault andor bat tery regardless of the number of insureds persons injured claims made or suits brought or persons or or ganizations making claims or bringing suits. The limit of liability stated above as Aggregate subject to the above provision regarding each Event is the total limit of our liability under this coverage for all damages in any policy period DEFINITIONS Damages means a monetary judgment award or set tlement including damages for death which are pay able because of injury to which this insurance applies However damages do not include criminal restitution. Event means an act or series of acts based on or aris ing out of the same assault and or battery OTHER INSURANCE If there is other valid and collectible insurance avail able to you for damages covered under this cov erage form this insurance is excess over such other insurance. AUTHORIZED REPRESENTATIVE DATE Page 3of 3 WHI21 0540 06 09 | 2 |
Western Heritage insurance Company ATTACHED TO AND FORMING A PART OF ENDORSEMENT EFFECTIVE DATE NAMED INSURED AGENTNO JRMING A FART O 1201 A.M. STANDARD TIME SCP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VALET PARKING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A. BODILY IN JURY AND PROPERTY DAMAGE LIABILITY 2. EXCLU SIONS G is deleted in its entirety and replaced with the following 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 wrong doing 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 oper ated 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 All other Terms and Conditions of this Policy remain unchanged. 2 A watercraft you do not own that is a Less than twenty six 26 feet long and b Not being used to carry persons or prop erty for a charge 3 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or 4 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land ve hicle that would qualify under the defini tion of mobile equipment if it were not subject to a compulsory or financial re sponsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph f.2 or f3 of the definition of mobile equipment. AUTHORIZED REPRESENTATIVE DATE Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Propetties Inc. 1992 Page 10f 1 INSURED WHI21 0556 07 09 | 2 |
Western Heritage Insurance Company FoRMING A PART OF ENCORSEMENT EFFECTIVE DATE NAMED INSURED AGENTHO NS AL 1201 AM. STANDARD TIME S5CP0976883 01282014 MJ PERFORMING ARTS ACADEMY LLC The above information is required only when this endorsement is issued subsequent to preparation of the policy. PROFESSIONAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS LOCATION OF COVERED SERVICES 8715 BIG 517 THEATR WEBSTE STER GR LIMITS OF LIABILITY Professional Liability Coverage 1000000 Each Claim 1000000 2000000 Aggregate BUSINESS DESCRIPTION Form of Business Individual J Partnership JointVenture Limited Liability Company Trust O Organization including a corporation other than a Form of Business indicated above Description of Professional Services cyM s DANCE CLASSES PREMIUM AND AUDIT Classification PremiumBasis Rate Advance Premium 44311 GYM DANCE CLASSES RA HEALTH 54000 s INCL INCLUDED OR EXERCISE CLUBS Audit Period Annually 0 Semi Annually 1 Quarterly J Monthly FORMS AND ENDORSEMENTS other than applicable forms and endorsements shown elsewhere in the policy. Forms and endorsements applying to this Coverage Part and made a part of this policy at the time of issue WHI21 0147 06 13 a Area c Total Cost m Admission p Payroll s Gross Sales u Units 0 Other 7 THEATRE LANE WESTER GROVES MO 63119 X EXERCISE CLUBS THIS SUPPLEMENTAL DECLARATIONS AND THE COMMON POLICY DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE FORM FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. 21 0711 11 10 Page 10f 1 INSURED WHI21 0711 11 10 | 2 |
Western Heritage Insurance Company P.O. Box 5100 Scottsdale Arizona 85261 5100 9200 East Pima Center Parkway Suite 350 Scottsdale AZ 85258 1 800 873 9442 A Stock Company COMMERCIAL POLICY JACKET THIS POLICY CONSISTS OF DECLARATIONS COMMON POLICY CONDITIONS ONE OR MORE COVERAGE PARTS OR FORMS AND ENDORSEMENTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS. WHI20 0297 06 12 INSURED Western Heritage Insurance Company P.O. Box 5100 Scottsdale Arizona 85261 5100 9200 East Pima Center Parkway Suite 350 Scottsdale AZ 85258 1 800 873 9442 A Stock Company COMMERCIAL POLICY JACKET THIS POLICY CONSISTS OF DECLARATIONS COMMON POLICY CONDITIONS ONE OR MORE COVERAGE PARTS OR FORMS AND ENDORSEMENTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE Western Heritage Insurance Company P.O. Box 5100 Scottsdale Arizona 85261 5100 9200 East Pima Center Parkway Suite 350 Scottsdale AZ 85258 1 800 873 9442 A Stock Company COMMERCIAL POLICY JACKET | 2 |
IN WITNESS WHEREOF the Company has caused this policy to be signed by its President and Secretary but this policy shall not be valid unless completed by the attachment hereto of a Declarations Page and Coverage Parts and counter signed on the aforesaid Declarations Page by a duly Authorized Representative of the Company o 7444 5 W W Secretary WHI20 0297 06 12 | 2 |
MNEMC INSURANCE EMC PROPERTY CASUALTY COMPANY PRIOR POLICY 4D9 43 19 GENERAL LIABILTITY DECLARATIONS POLICY PERIOD FROM 010318 TO 010319 POLICY NUMBER 4D9 43 109 19 NAMED INSURED PRODUCER PAC 211 LLC LOCKTON COMPANIES LLC 1606 N 197TH ST 13710 FNB PKWY STE 400 ELKHORN NE 68022 6407 OMAHA NE 68154 5298 AGENT HB 8210 AGENT PHONE 402970 6100 DIRECT BILL JACK H. STRUYK CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 THIS POLICY RENEWAL IS OFFERED CONTINGENT UPON THE RECEIPT OF PAYMENT WHICH IS DUE ON 010318. INSURED IS LLC BUSINESS DESC REAL ESTATE DEVELOPMENT EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 300000 ANY ONE PREMISES MEDICAL EXPENSE LIMIT 10000 ANY ONE PERSON PERSONAL AND ADVERTISING INJURY LIMIT 1000000 ANY ONE PERSON OR ORGANIZATION GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 COVERAGES PROVIDETD PREMIUM SEE ATTACHED SCHEDULE FOR LOCATION OF ALL PREMISES OWNED RENTED OR OCCUPIED. FORMS APPLICABLE CG00010413 CG21060514 CG21471207 CG21700115 G21760115 CG7001A1012 CG70031013 CG71661013 CG7174.31013 CG71910814 CG75551013 CG76440209 IL00210502 IL02590907 IL70280515 IL7131A0401 118021 0488 IL8383.2A0115 IL8384A0108 IL85760909 IL87450317 DATE OF ISSUE 112917 BPP FORM CG7000A ED. 08 99 BPP 102017 003 MB 4D94319 1901 GENERAL LIABILTITY D E POLICY PERIOD FROM 010318 TO 010319 1606 N 197TH ST ELKHORN NE 68022 6407 DIRECT BILL 13710 FNB PKWY STE 400 OMAHA NE 68154 5298 AGENT HB 8210 AGENT PHONE 402970 6100 JACK H. STRUYK CLAIM REPORTING 888362 2255 DIRECT BILL EACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT PERSONAL AND ADVERTISING INJURY LIMIT GENERAL AGGREGATE LIMIT 1000 00 300 00 10 00 1000 00 TOTAL ESTIMATED POLICY PREMIUM 453.00 CG21760115 CG7001A1012 CG70031013 CG71661013 CG7174.31013 CG71910814 CG75551013 CG76440209 IL00210502 IL02590907 IL70280515 IL7131A0401 IL80210488 IL8383.2A0115 IL8384A0108 IL85760909 ILB7450317 | 2 |
MNEMC INSURANCE EMC PROPERTY CASUALTY COMPANY POLICY NUMBER 4D9 43 19 19 PAC 211 LLC EFF DATE 010318 EXP DATE 010319 GENERATL L Cc ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CG0001 04 13 COMMERCIAL GEN LIABILITY COV FORM CG2106 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CG2147 12 07 EXCL EMPLOYMENT RELATED PRACTICES CG2170 01 15 CAP LOSSES FROM CERT ACTS TERRORISM CG2176 01 15 EXCL PUNITIVE DMGS ACTS OF TERRORISM CG7001A 10 12 GENERAL LIABILITY SCHEDULE CG7003 10 13 GL QUICK REFERENCE OCCURRENCE CG7166 10 13 AI DESIG PERS ORG PRIM NONCONTRIBTRY NAME OF ADDITIONAL INSURED PERSON S OR ORGANIZATIONS ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH AN ADDITIONAL INSURED AGREEMENT CG7174.3 10 13 AUTOMATIC AI CONST CONT INCL COMP OP CG7191 08 14 GENERAL LIAB ESSENTIAL EXTENSION CG7555 10 13 BLKT WAIV SUBRO WRITTEN CONT AGREE CG7644 02 09 CONTRACTORS OCCURRENCE DEFINITION IL0021 05 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM IL0259 09 07 NE CHANGES CANCELLATION NONRENEWAL IL7028 05 15 ASBESTOS EXCLUSION IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8021 04 88 ASBESTOS NOTICE IL8383.2A 01 15 DISCL PURSUANT TERRSM RISK INS. ACT 4 IL8384A 01 08 TERRORISM NOTICE IL8576 09 09 MEDICARE IMPT NOTICE TO POLICYHOLDER IL8745 03 17 IMPORTANT NOTICE TO POLICYHOLDERS DATE OF ISSUE 112917 FORM IL7131A ED. 04 01 003 MB 4D94319 1901 EDITION CG7174.3 CG7191 CG7555 CG7644 IL0021 IL0259 IL7028 IL7131A IL8021 IL8383.2A IL8384A IL8576 IL8745 10 13 08 14 10 13 02 09 05 02 09 07 05 15 04 01 04 88 01 15 01 08 09 09 03 17 EXCL ACCESS DISCL OF CONFID PERSONAL EXCL EMPLOYMENT RELATED PRACTICES CAP LOSSES FROM CERT ACTS TERRORISM EXCL PUNITIVE DMGS ACTS OF TERRORISM GENERAL LIABILITY SCHEDULE GL QUICK REFERENCE OCCURRENCE AI DESIG PERS ORG PRIM NONCONTRIBTRY NAME OF ADDITIONAL INSURED PERSON S OR ORGANIZATIONS ANY OR ALL PERSONS OR ORG. SUBJECT TO A WRITTEN CONTRACT REQUIRING SUCH AN ADDITIONAL INSURED AGREEMENT AUTOMATIC AI CONST CONT INCL COMP OP GENERAL LIAB ESSENTIAL EXTENSION BLKT WAIV SUBRO WRITTEN CONT AGREE CONTRACTORS OCCURRENCE DEFINITION NUCLEAR ENERGY LIAB EXCL BROAD FORM NE CHANGES CANCELLATION NONRENEWAL ASBESTOS EXCLUSION COMML POLICY ENDORSEMENT SCHEDULE ASBESTOS NOTICE DISCL PURSUANT TERRSM RISK INS. ACT TERRORISM NOTICE MEDICARE IMPT NOTICE TO POLICYHOLDER IMPORTANT NOTICE TO POLICYHOLDERS | 2 |
MNEMC INSURANCE EMC PROPERTY CASUALTY COMPANY POLICY NUMBER 4D9 43 19 19 PAC 211 LLC EFF DATE 010318 EXP DATE 010319 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 112917 FORM IL8384A 01 08 003 MB 4D94319 1901 PAC 211 LLC EFF DATE 010318 EXP DATE 0103 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
NE INSURANCE EMC PROPERTY CASUALTY COMPANY POLICY NUMBER 4D9 43 19 19 PAC 211 LLC EFF DATE 010318 EXP DATE 010319 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 4.00 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 terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. 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. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 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. The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 112917 FORM IL8383.2A01 15 003 MB 4D94319 1901 THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 4.00 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 terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. 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. For losses occurring in 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insur retention. Beginning on January 1 2016 the federal share will decrease by one percentage point per calendar year until equal to 80 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 sha 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 calend 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 Treasur The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your poli carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission SCHEDUTLE i m Certified Acts 4.00 th the federal Terrorism Risk Insurance Act we are side you with a notice disclosing the portion of any attributable to coverage for terrorism acts the Terrorism Risk Insurance Act. The portion of ributable to such coverage is shown in the Schedule ire or in the policy Declarations. deral Participation In Payment Of Terrorism Losses s Government Department of the Treasury will pay In Payment Of Terrorism Losses | 2 |
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