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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 2 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. 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 2 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. CG 21471207 IS0 Properties Inc. 2006 Page 1 of 1 o | 2 |
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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. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Per Injury And Property Damage Liability sonal And Advertising Injury Liability 2. Exclusions 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. 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. age which vhole or in I or threat of contact or presence or within a s contents her cause ibuted con such injury sing out of g cleaning g detoxify r disposing or assess bl CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 o | 2 |
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COMMERCIAL GENERAL LIABILITY CG 21700108 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 If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 bilion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance 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 ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied 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 pursu ant to the federal Terrorism Risk Insurance 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. CG 21700108 1SO Properties Inc. 2007 Page 1 of 1 a | 2 |
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COMMERCIAL GENERAL LIABILITY CG 21760108 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 2. The act is a violent act or an act that is dan This insurance does not. gerous to human life property or infrastructure is insurance do apply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism 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 dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Page 1 of 1 o ISO Properties Inc. 2007 CG 21760108 | 2 |
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POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG22741001 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 2 Liability for personal and advertising nated in the Schedule above Subparagraph e. of injury if Paragraph 2. Exclusions of Section Coverage a The liabilit rains t busi B Personal And Advertising Injury Liability is ness any paisulrsedoir due replaced by the following ignated contract or agreement 2. Exclusions shown in the Schedule in which you assume the tort liability of an This insurance does nol apply to other. Tort liability means a liabil e. Contractual Liability ity that would be imposed by law Personal and advertising injury for which in the absence of any contract or the insured has assumed liability in a con agreement tract or agreement. b The personal and advertising This exclusion does not apply to injury oceurs subsequen to the 1 Liability for damages that the insured execution of the designated con would have in the absence of the tract or agreement shown in the contract or agreement or Schedule and c The personal and advertising POLICY NUMBER ot TEEE e e T 2 Liability for personal and advertising injury if a b c 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 The personal and advertising injury occurs subsequent to the execution of the designated con tract or agreement shown in the Schedule and The personal and advertising injury arises out of the offenses of false arrest detention or im prisonment. Page 1 of 2 a 1SO Properties Inc. 2001 CG 22741001 | 2 |
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. Qur 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 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 i 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 fi 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. This insurance applies to such liability assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same designated contract or agreement. 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 CG 22741001 m ISO Properties Inc. 2001 Page 2 of 2 | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24 04 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. POLICY NUMBER WAIVEF bomieeEn e I Page 1 of 1 u Insurance Services Office Inc. 2008 CG 24 04 05 09 | 2 |
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POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site 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 operations performed for or affecting Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site the contract or agreement definition of insured contract in the Definitions sec 1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out of 9. Insured Contract means a Preparing approving or failing to pre a. A contract for a lease of premises. However pare or approve maps shop drawings that portion of the contract for a lease of prem opinions reports surveys field orders ises that indemnifies any person or organiza change orders or drawings and specifi tion for damage by fire to premises while rented cations or to you or temporarily occupied by you with b Giving directions or instructions or fail permission of the owner is not an insured con ing to give them if that is the primary tract cause of the injury or damage b. A sidetrack agreement 2 Under which the insured if an architect c. Any easement or license agreement engineer or surveyor assumes liability for an injury or damage arising out of the in. ligati ired b di to d. An obligation as required by ordinance sured s rendering or failure to render pro indemnify a municipality except in connection 5. f with work for a municipality fessional services including thosev hsted.ln Paragraph 1 above and supervisory in e. An elevator maintenance agreement spection architectural or engineering activi. That part of any other contract or agreement ties. 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 dam age to a third person or organization. Tort li ability 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 an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or Giving directions or instructions or fail ing to give them if that is the primary cause of the injury or damage 2 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 Paragraph 1 above and supervisory in spection architectural or engineering activi ties. b CG 2417 1001 1SO Properties inc. 2000 Page 1 of 1 u | 2 |
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COMMERCIAL GENERAL LIABILITY CG 26 391207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES 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 2 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 to repay someone else who must pay damages because of the injury. 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 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. CG 26 391207 1SO Properties Inc. 2006 Page 1 of 1 o | 2 |
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COMMERCIAL GENERAL LIABILITY CG 26 450299 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES NON BINDING ARBITRATION 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 If we and the insured do not agree whether coverage 2. Bear the expenses of the third arbitrator is provided under this Coverage Part for a claim equally. made against the insured both parties may agree to Unless both parties agree otherwise arbitration will arbitration. take place in the county or parish in which the ad When both parties agree to arbitration each party dress shown in the Declarations is located. Local will select an arbitrator. The two arbitrators will select rules of law as to procedure and evidence will apply. a third. If they can not agree within 30 days both A decision agreed to by two of the arbitrators will not parties must request that selection be made by a be binding on either party. judge of a court having jurisdiction. Each party will 1. Pay the expenses it incurs and 2. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county or parish in which the ad dress shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will not be binding on either party. Page 1 0of 1 Copyright Insurance Services Office Inc. 1998 CG 26 4502 99 | 2 |
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENSION OF WHO IS AN INSURED This Endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Section Il Who Is An Insured Paragraphs 2.a. P d. 2.a.1 and 2.a.2 are deleted and replaced by the 2 Property amagelo property following a Owned occupied or used by 2. Each of the following is also an insured b Rented to in the care custody or u N control of or over which physical a. Your volunteer workers only while performing control is being exercised for any duties related to the conduct of your business purpose by or your employees other than either your B N executive officers if you are an organization any of your volunteer workers. other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these volunteer workers is an insured for 1 Bodily injury or personal and advertising injury d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by any of your volunteer workers. CGT1057 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 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. Wil 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 following additional 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 This endorsement modifies the insurance provided under the following surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or 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 agreement 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 foliowing 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. Includes copyrighted material of ISO Properties Inc. with its permission. CGT174310 13 Page 10f 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY AMENDMENT 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. NEWLY FORMED OR ACQUIRED E. FIRE LIGHTNING OR EXPLOSION DAMAGE ORGANIZATIONS 1. In paragraph 3.a. of Section Il Who is an Insured 90th Day is changed to 180th day. 2. 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. B. SUBSIDIARIES AS INSUREDS Section Il Who Is An Insured is amended by adding the following 14 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.. 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.. 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. The word fire is changed to fire lightning or explosion wherever it appears in the Coverage Form. This amended wording does not apply to hostile fire. Under Section Coverage A the last paragraph after the exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire lightning explosion 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 Hll Limits of Insurance. NON OWNED WATERCRAFT Paragraph g.2 of Section Coverage A Exclusions is changed to read 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. PROPERTY DAMAGE ELEVATORS With respect to Section Coverage A Exclusions paragraphs j.3 j.4 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 the Other Insurance Condition is changed accordingly.. 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. S Page 10f2 Includes copyrighted material of 1SO Properties Inc. with its permission. CG71911 13 | 2 |
DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT Section IV Commercial General Liability Condition paragraph 2. is amended by the following provision 1. 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 a. You if you are an individual or a limited liability company A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. 2. 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 a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manag er if you are a corporation or e. Atrustee if you are a trust. J. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV Commercial General Liability Condition paragraph 6. is amended to add the following provision If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancelfation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. K. 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. CGT1911 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 0f 2 | 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 With respect SCHEDULE Each Poliution Incident Limit Pollution Liability Aggregate Limit Property Damage Deductible 100000 100000 1000 Each pollution incident 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. CG727610 08 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. 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 2 Includes copyrighted material of ISO Properties Inc. with its permission. 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 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 environmental premises 4 property loaned to you or 5 personal property in your care custody or control. Page 1of 3 Page 1 of 3 | 2 |
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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 1 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. Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Form CG7428 Ed. 11 98 Copyright Insurance Services Office Inc. 1984 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE PER PROJECT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE Section Iil applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insuirance Services Office Inc. with its permission. Form CG7429 Ed. 11 98 Copyright Insurance Services Office Inc. 1984 | 2 |
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION This endorsement modifies insurance provided under the following EMPLOYEE BENEFITS LIABILITY COVERAGE ENDORSEMENT SCHEDULE Description of Other Similar Benefits as applicable to this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CG0435 is replaced by the following 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or heaith insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits. Unemployment insurance social security benefits workers compensation and disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. CG7627309 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1of 1 | 2 |
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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 CG7644209 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
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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 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 fiability 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 entitied 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. 2 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 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an 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. 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 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any prop erty thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. IL 00 21 05 02 IS0 Properties Inc. 2001 Page 1 of 2 u | 2 |
c Any equipment or device used for the process d 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 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. 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 IL 00 21 05 02 o ISO Properties Inc. 2001 Page 2 of 2 | 2 |
IL01251113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following Spouse or party to a civil union recognized under Colorado law. B. Under the Commercial Automobile Coverage Part the term family member is replaced by the following and supersedes any other provisions to the contrary Family member means a person related to 1. The individual Named Insured by blood adoption marriage or civil union recognized under Colorado law who is a resident of such Named Insured s household including a ward or foster child 2. The individual named in the Schedule by blood adoption marriage or civil union recognized under Colorado law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individuals endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrelia Coverage Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Colorado law who is a resident of your household including a ward or foster child. IL01251113 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
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IL 016803 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES DUTIES This endorsement modifies insurance provided under the following 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 The following is added to the Duties Condition 2. Any settlement of a claim made or suit i i 3 brought against the insured insured under We wil noflfY.tne first Named Insuret.i in writing of this coverage. The notice will be given not later 1. An initial offer to settle a claim made or suit than the 30th day after the date of the brought against any insured insured under settlement. this coverage. The notice will be given not later than the 10th day after the date on which the offer is made. 1L 01680312 Insurance Services Office Inc. 2011 Page 1 of 1 | 2 |
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1L 02 28 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES CANCELLATION AND NONRENEWAL 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 LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. B. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Policies In Effect For 60 Days Or More a. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel this policy by mailing through first class mail to the first Named Insured written notice of cancellation 1 Including the actual reason at least 10 days before the effective date of cancel lation if we cancel for nonpayment of premium or 2 At least 45 days before the effective date of cancellation if we cancel for any other reason. We may only cancel this policy based on one or more of the following reasons 1 Nonpayment of premium 2 A false statement knowingly made by the insured on the application for insur ance or 3 A substantial change in the exposure or risk other than that indicated in the ap plication and underwritten as of the ef fective date of the policy unless the first Named Insured has notified us of the change and we accept such change. C. The following is added and supersedes any other provision to the contrary NONRENEWAL If we decide not to renew this policy we will mail through first class mail to the first Named Insured shown in the Declarations written notice of the nonrenewal at least 45 days before the expiration date or its anniversary date if it is a policy written for a term of more than one year or with no fixed expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. IL 02 28 09 07 ISO Properties Inc. 2006 Page 1 of 2 o | 2 |
D. The following condition is added INCREASE IN PREMIUM OR DECREASE IN COVERAGE We will not increase the premium unilaterally or decrease the coverage benefits on renewal of this policy unless we mail through first class mail writ ten notice of our intention including the actual rea son to the first Named Insured s last mailing ad dress known to us at least 45 days before the ef fective date. Any decrease in coverage during the policy term must be based on one or more of the following reasons 1. Nonpayment of premium 2. A faise statement knowingly made by the in sured on the application for insurance or 3. A substantial change in the exposure or risk other than that indicated in the application and underwritten as of the effective date of the pol icy unless the first Named Insured has notified us of the change and we accept such change. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2 0f 2 ISO Properties Inc. 20068 IL 02 28 09 07 o | 2 |
1L 023209 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 20 days before the ef fective date of cancellation. After 80 days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons as stated in South Da kota law a Nonpayment of premium b Discovery of fraud or material misrepresen tation made by or with the knowledge of the Named Insured in obtaining the policy con tinuing the policy or in presenting a claim under the policy c Discovery of acts or omissions on the part of the Named Insured which increase any hazard insured against d The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued A violation of any local fire health safety building or construction regulation or ordi nance with respect to any insured property or the occupancy thereof which substan tially increases any hazard insured against e f A determination by the director of insurance that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of South Dakota g Your violation or breach of any policy terms or conditions or h Such other reasons as are approved by the director of insurance. B. The following condition is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured writ ten notice of nonrenewal not less than 60 days before a. The expiration date or b. The anniversary date if this is a continuous policy. 2. Any notice of nonrenewal will be mailed or de livered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. ISO Properties Inc. 2007 Page 1 of 1 o IL 02 32 09 08 | 2 |
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IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com 6 Certification to the Director of Insurance mon Policy Condition are replaced by the follow of our loss of reinsurance which pro ing vided coverage to us for all or a sub 2. Cancellation Of Policies In Effect Staga part of the underlying risk in sured or a. 60 Days Or Less 7 The determination by the Director of In If this policy has been in effect for 60 days surance that the continuation of the pol or less we may cancel this policy for any icy could place us in violation of the Ne reason braska Insurance Laws. b. More Than 60 Days c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial 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 sub stantially increased Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail our notice by first class mait to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 1 of 2 a IL 02 59 09 07 IS0 Properties Inc. 2006 | 2 |
2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. IL 02 59 09 07 m Page 2 of 2 ISO Properties Inc. 2006 | 2 |
L 026109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS 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 A 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 Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2.a. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the reasons for cancel lation at least 1 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium. 2 30 days before the effective date of cancel lation if we cancel for any other reason b. If this policy has been in effect for 90 days or more or if it 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 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the in ception of this policy 5 A determination by the insurance commis sioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commis sioner that we no longer have adequate re insurance to meet our needs. B. The following is added and supersedes any condi tion to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mail ing address known to us. If notice is mailed proof of mailing will be sufficient proof of no tice. IL 026109 07 IS0 Properties Inc. 2006 Page 1 of 1 o | 2 |
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IL02751113 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY FARM COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy However if this policy covers a condominium Condition is replaced by the following association and the condominium property i iev contains at least one residence or the 2. We may cancel this policy condominium declarations conform with the a. By mailing or delivering to the first Named Texas Uniform Condominium Act then the Insured written notice of cancellation notice of cancellation as described above will stating the reason for cancellation at least be provided to the first Named Insured 30 days 10 days before the effective date of before the effective date of cancellation. We cancellation. will also provide 30 days written notice to each unit owner to whom we issued a certificate or memorandum of insurance by mailing or delivering the notice to each last mailing address known to us. IL027511 13 Insurance Services Office Inc. 2013 Page 10f 2 | 2 |
b. For the following reasons if this policy does not provide coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. 2 If this policy has been in effect for more than 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons a Fraud in obtaining coverage b Failure to pay premiums when due c An increase in hazard within the control of the insured which would produce an increase in rate Loss of our reinsurance covering all or part of the risk covered by the policy or e If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. c. For the following reasons if this policy provides coverage to a governmental unit as defined under 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1 If this policy has been in effect for less than 90 days we may cancel coverage for any reason. 2 If this policy has been in effect for 90 days or more or if it is a renewal or continuation of a policy issued by us we may cancel coverage only for the following reasons a If the first Named Insured does not pay the premium or any portion of the premium when due b If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insurance in Texas d c if the Named Insured submits a fraudulent claim or d If there is an increase in the hazard within the controf of the Named insured which would produce an increase in rate. B. The following condition is added and supersedes any provision to the contrary Nonrenewal 1. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This paragraph 2. applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy we may do s0 by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days before the expiration date. If notice is mailed or delivered less than 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. 3. If this policy covers a condominium association and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the policy to a. The first Named Insured and b. Each unit owner to whom we issued a certificate or memorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed proof of mailing will be sufficient proof of notice. 5. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Page 2 of 2 Insurance Services Office Inc. 2013 IL02751113 | 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 PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 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. 1L702810 05 Page1of 1 | 2 |
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COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US DESIGNATED ENTITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART BUSINESS AUTO COVERAGE PART WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE 1. Name 2. Address 3. Number of days advance notice If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in the CONDITIONS Section of this insurance or as amended by a state cancellation endorsement applicable to this insurance is increased to the number of days shown in the Schedule above. 1L73381 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
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Commercial Lines COLORADO COMPANY ELIMINATION ENDORSEMENT The Colorado Insurance Department requires the company to explain by this endorsement that Employers Mutual Casualty Company EMCASCO Insurance Company and Union Insurance Company of Providence are licensed to do an insurance business in Colorado but Dakota Fire Insurance Company lllinois EMCASCO Insurance Company and EMC Property and Casuaity Company are not licensed companies in Colorado. This endorsement in no way affects the coverage under the policy bond to which it is attached but is intended only to clarify the name of the issuing company. Form IL7602 Ed. 1 99 | 2 |
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Commercial Lines KANSAS COMPANY ELIMINATION ENDORSEMENT The Kansas Insurance Department requires the company to explain by this endorsement that Employers Mutual Casualty Company EMCASCO Insurance Company and Union Insurance Company of Providence are licensed to do an insurance business in Kansas but EMC Property Casualty Company Dakota Fire insurance Company Hlinois EMCASCO Insurance Company and Hamilton Mutual Insurance Company are not licensed companies in Kansas and reference to such is hereby deleted from the policy. This endorsement in no way affects the coverage under the policy bond to which it is attached but is in tended only to clarify the name of the issuing company. Form IL7604 Ed. 1 99 | 2 |
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EMC Insurance Companies NOTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. If certified acts of terrorism coverage is provided each policy will include a disclosure which will identify when there is a specific premium charge for certified acts of terrorism. You may have the option to reject this certified acts of terrorism coverage. For additional information please contact your agent. 1L838401 08 Page 10of 1 | 2 |
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AES 3061 Ed. 12 05 PL 1944416 00 NEW Policy No. PL 1944416 00 Renewal Of NEW BUSINESSPRO POLICY COMMON DECLARATIONS NAMED INSURED KASK SRL KASK ITALY KASK AMERICA INC. AND ADDRESS PO BOX 5246 CONCORD NC 28027 1504 IN RETURN FOR PAYMENT OF THE PREMIUM AND SUBJECT TO ALL TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. AGENT S NAME AND ADDRESS PARTNERS SPECIALTY GROUP LLC 4520 MAIN STREET SUITE 500 KANSAS CITY MO 64111 1876 Insurance is afforded by the Company named below a Capital Stock Corporation GREAT AMERICAN E S INSURANCE COMPANY POLICY PERIOD From 01312014 To 01312015 1201 AM. Standard Time at the address of the Named Insured This policy consists of the following Coverage Parts for which a premium is indicated. This premium may be subject to adjustment. Premium Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine Commercial Boiler and Machinery Commercial Auto Commercial Umbrella The insurance company with which this coverage has been placed 15 not licensed by the State of North Carolina and is not subject to its supervision. In the event of the insolvency of the insurance company losses under this policy will not be paid by any State msurance guaranty or solvency fund. Daniel P. McDonnell 27000 27000 FORMS AND ENDORSEMENTS applicable to all POLICY ALTERNATE MAILING ADDRESS Coverage Parts and made part of this Policy at time of issue are listed on the attached Forms and Endorsements Schedule IL 88 01 1185. NC SL Tax 1350 NOTICE See enclosed endorsement for Surplus Lines Notification Filing Fee 110 Location 7144 Weddington Rd NW Concord NC 28027 INC. Commercial Property Commercial General Liability Commercial Crime Commercial Inland Marine Commercial Boiler and Machinery Commercial Auto Commercial Umbrella The insurance company with which this coverage has been placed 1s not licensed by the State of North Carolina and is not subject to its supervision. In the event of the insolvency of the insurance company losses under this policy will not be paid by any State msurance guaranty or solvency fund. Daniel P. McDonnell DDODDDD DD DD Premium 2700C DDDDDDDD DB AES 3061 Ed. 1205 PRO Page 1 of 1 | 2 |
Administrative Offices Stroot I Ohio 45202 4201 GREATAMERICAN. 72553 369 5000 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE IL 88 01 Ed. 11 85 It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy Form and Edition 1. AES3012 2. 1L7268DL 3. 1L0017 4. AES3005 5. CG7400 6. CG0001 7. CG7518 8. CG7519 9. AES3013 10. AES3206 1. CG2149 12. AES3258 13. 1L0021 14. AES3228 15. CG8361 16. CG2147 17. AES3077 18. ESG1001 19. AES3018 20. CG7794 21. AES3103 22. AES3045 0811 0809 1198 0501 1185 1207 0390 1207 0411 0510 09899 0711 0908 1110 0205 1207 0707 0913 0411 0798 0411 0807 If not at inception ST Date Deleted NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC NC Date Added Form Description General Service of Suit Endorsement In Witness Signature Form Common Policy Conditions Common Policy Condition Amendment Businesspro Gen Lia Cov Part Dec CGL Coverage Form Businesspro Employee Benefits Lia Cov Employee Benefits Cov Excl Fid Liab Deductible Liability Insurance Specialty Plus Endorsement Total Pollution Exclusion Endorsement Exclusion of Claims and Suits Allegi Nuclear Energy Liability Exclusion Organic Pathogen Exclusion Silica or Related Dust Exclusion Employment Related Practices Exclusion Professional Liability Testing Consu Exclusion Pre Existing Damage Absolute Asbestos Exclusion Excl. Liability Arising out of Lead Metal Gas Exclusion Aircraft Products and Grounding Liabil BUSINESSPRO Reg. U.S. Pat. Off. IL 88 01 Ed. 1185 PRO Page 1 of 2 | 2 |
Administrative Offices Stroot I Ohio 45202 4201 GREATAMERICAN. 72553 369 5000 BUSINESSPRO FORMS AND ENDORSEMENTS SCHEDULE IL 88 01 Ed. 11 85 It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy Form and Edition 1. AES3229 2. AES3216 3. AES3022 4. 1L7324 5. AES3004 6. NCSN 7. 1L7210 8. CG2175 9. CG2176 10. CG8366 1110 0610 0812 0812 0501 0304 0108 0608 0108 0605 If not at inception Date Added ST Dateoeleted Form Description NC Employers Liability Exclusion NC Bisphenol A BPA and Phthalates Exclu NC Limitation Of Coverage To Designated P NC Economic and Trade Sanction Clause NC Premium Audit Condition Amendment NC Surplus Lines NC NC Disclosure Pursuant to Terrorism Risk NC Exclusion of Certified Acts of Terrori NC Exclusion of Punitive Damages Related NC Nuclear Biological or Chemical Exclu BUSINESSPRO Reg. U.S. Pat. Off. IL 88 01 Ed. 1185 PRO Page 2 of 2 | 2 |
AES 3012 Ed. 08 11 GENERAL SERVICE OF SUIT ENDORSEMENT Not applicable in Delaware or Pennsylvania Pursuant to any statute of any state or district of the United States of America that makes provision therefor the Insurer hereby designates the commissioner superintendent or director of insurance or other officer specified for that purpose in the statute and his or her successors in office and duly authorized deputies as the Insurer s true and lawful attorney for service of legal process in any action suit or proceeding brought in the state where this Policy is issued by or on behalf of an insured or beneficiary against the Insurer arising out of the insurance issued under this Policy. Any legal process received by such attorney for service of legal process shall be forwarded except as provided below to the attention of Eve Cutler Rosen General Counsel Great American Insurance Company 301 E 4th Street Cincinnati Ohio 45202 4201. In California any legal process received by the Ihsurer s statutory attorney for service of process shall be forwarded to the attention of Nancy Flores The CT Corporation System 818 West Seventh Street Los Angeles California 90017 In the District of Columbia any legal process received by the Insurer s statutory attorney for service of process shall be forwarded to CT Corporation System 1015 15 Street NW Suite 1000 Washington DC 20005 In lllinois the Director at his or her option may forward a copy of the process to the Surplus Line Association of lllinois for delivery to the unauthorized insurer or may deliver the process to unauthorized insurer by another means which the Director considers to be reasonably prompt and certain. To be valid the process must state the names of the Insured and the unauthorized insurer and identify the contract of insurance. In Maine the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to. CT Corporation System One Portland Square Portland Maine 04101 In Oregon the Insurer and the Insured policyholder hereby agree to waive the provisions of Oregon Insurance Code section 735.490 requiring that service of legal process in any action relating to this Policy shall be served on the insurance agent who registered or delivered this Policy and instead agree that such service of legal process be mailed directly to Eve Cutler Rosen General Counsel Great American Insurance Company 301 E 4th Street Cincinnati Ohio 45202 4201. In Rhode Island the Insurer hereby designates CT Corporation System as its attorney for service of legal process in any action relating to this Policy and directs that all legal process be mailed to CT Corporation System 10 Weybosset Street Providence Rhode Island 02903. The foregoing designations of attorney for service of legal process upon the Insurer shall not constitute a waiver of the Insurer s rights to remove remand dismiss or transfer any suit or proceeding from any court or to commence any suit or other proceeding in any court of competent jurisdiction. Dated 08012011 AES 3012 Ed. 0811 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 72 68 Ed. 09 09 In Witness Clause In Witness Whereof we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by our authorized representative. e Cotttor. Fsen. Secretary Qoo President Copyright Great American Insurance Co. 2009 IL72680L 0909 IL 72 68 Ed. 0909 XS | 2 |
IL 00 17 Ed. 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this Policy are subject to the following conditions. IL 00 17 Ed. 1198 XS A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this Policy by mailing or delivering to the first Named Insured writ ten notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or b. 30 days before the effective date of cancellation 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 effec tive 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 sufficient proof of notice.. Changes This Policy contains all the agreements be tween you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this Policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this Policy. C. Examination of Your Books and Records We may examine and audit your books and records as they relate to this Policy at any time during the policy period and up to three years afterward. D. Inspections and Surveys 1. We have the right to a. make inspections and surveys at any time b. give you reports on the conditions we find and. recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommenda tions and any such actions we do under take relate only to insurability and the pre miums to be charged We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. are safe or healthful or b. comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition ap ply not only to us but also to any rating advisory rate service or similar organiza tion which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright 1SO Properties Inc 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Dec larations 1. is responsible for the payment of all pre miums and 2. will be the payee for any return premiums we pay. F. Transfer of Your Rights and Duties Under this Policy Your rights and duties under this Policy may not be transferred without our written con sent except in the case of death of an in dividual hamed insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal re presentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright 1SO Properties Inc 1998 Page 2 of 2 IL 00 17 Ed. 1198 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r AES 3005 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS AMENDMENT The following Conditions are added to the COM MON POLICY CONDITIONS of this policy. G. Fraud and Misrepresentation a. This policy was issued based on the in formation supplied on an application and other correspondence including your claim or loss history. This information is consid ered to be part of this policy. b. You should review this information care fully as the truth of this information was of paramount importance in influencing our decision to issue this policy.. You for all the Insureds under this policy do warrant the truth of such information to the best of your knowledge at the in ception date of this policy. d. If such information is false or misleading it may cause denial of coverage or voiding of the policy. H. Premium Financing Cancellation of Fi nanced Policy a. When we receive notification that the premium for this policy has been advanced by a premium financed company we will acknowledge receipt of the premium fi hance agreement to the finance company on our form when requested but we will not amend or extend this policy. b. When we otherwise become aware that you financed all or part of this policy s premium regardless of whether or not we receive a notice of premium financing we will not be bound as respects coverage we provide by the terms of your finance agreement. This policy alone governs cov erage.. When you sign a premium finance agree ment by the terms of the agreement you may be giving the premium finance com pany the right under certain conditions to cancel this policy on your behalf. When we receive hotice of cancellation from the finance company we will recognize their request for termination of this insurance and we will pay any return premium due as directed by the premium finance company. The return premium will be calculated on a prorata basis. d. The premium finance company will usually require that payment of any return pre mium be made directly to them and we will honor that request. If the requested ter mination date set by the premium finance company conflicts with other policy pro visions or the operation of law we will comply with the policy provision andor applicable law. You must resolve any re sulting premium differences directly with the finance company. e. The twenty five percent 25 minimum retained premium described in A. Can cellation may not be financed as it is not refundable. AES 3005 Ed. 0501 XS | 2 |
SOTE st Shraer o CG 74 00 Ed. 11 85 N Cis i Ohio 45202 4201 GREATAMERICAN. Tor T515 58655000 Policy No. PL 1844416 00 BUSINESSPRO GENERAL LIABILITY COYERAGE PART DECLARATIONS PAGE NAMED INSURED KASK SRL POLICY PERIOD 013114 to 013115 LIMITS OF INSURANCE General Aggregate Limit Other Than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 2000000 Personal and Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Fire Damage Limit PLUS ENDT Any One Fire Medical Expense Limit PLUS ENDT Any One Person RETROACTIVE DATE CG 00 02 ONLY Coverage A of this Insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown here NONE enter date or none if does not apply DESCRIPTION OF BUSINESS Form of Business Individual Joint Venture Partnership X Organization Other than Partnership or Joint Venture Business Description IMPORT BICYCLE EQUESTRIAN SKI HELMETS Location of All Premises You Own Rent or Occupy PREMIUM Code Premium Classification No. Basis All Other SPORT GOODS 59306 D3000000 a Admissions b Area c Each d Gross Sales e Payroll f Total Cost g Units h Other Total Advance Premium 27000 Premium shown is payable 27000 at inception FORMS AND ENDORSEMENTS Applying to this Coverage Part and Made Part of this Policy at Time of Issue nan nan nan nan 39.0 0.0 327000 BUSINESSPRO Reg. U.S. Pat. Off. CG 74 00 Ed. 1185 PRO Page 1 of 1 | 2 |
CG 00 01 Ed. 12 07 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 hot covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declara tions and any other person or organization quali fying 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 or ganization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as dam ages because of bodily injury or prop erty damage to which this insurance ap plies. We will have the right and duty to defend the Insured against any suit seek ing those damages. However we will have no duty to defend the Insured against any suit seeking damages for bodily injury or property damage to which this insur ance does hot apply. We may at our dis cretion investigate any occurrence and settle any claim or suit that may result. But 1 the amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 our right and duty to defend ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements under Cov erages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments Coverages A and B.. This insurance applies to bodily injury and property damage only if 1 the bodily injury or property dam age is caused by an occurrence that takes place in the coverage territory 2 the bodily injury or property dam age occurs during the policy period and 3 prior to the policy period ho insured listed under paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part If such a listed in sured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive nhotice of an oc currence or claim includes any continu ation change or resumption of that bodily injury or property damage after the end of the policy period.. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph 1. of SEC Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 1 of 20 CG 00 01 Ed. 1207 XS | 0 |
0 01 Ed. 1207 XS TION 1l WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 0 reports all or any part of the bodily injury or property damage to us or any other insurer 2 receives a written or verbal demand or clam for damages because of the bodily injury or property damage or 3 becomes aware by any other means that bodily injury or property dam age has occurred or has begun to oceur.. Damages because of bodily injury include damages claimed by any person or or ganization for care loss of services or death resulting at any time from the bodi ly injury. 2. Exclusions This insurance does hot apply to a. Expected or Intended Injury Bodily injury or property damage ex pected 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 dam ages by reason of the assumption of li ability in a contract or agreement. This ex clusion does not apply to liability for dam ages 1 that the Insured would have in the ab sence of the contract or agreement or 2 assumed in a contract or agresment that is an insured contract provided the bodily injury or property dam age occurs subsequent to the execu tion of the contract or agreement Solely for the purposes of liability as sumed in an insured contract rea c. d. sonable attorney 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 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. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 causing or contributing to the intoxi cation of any person 2 the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the Insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 an employee of the Insured arising out of and in the course of Copyright 1SO Properties Inc 2006 Page 2 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 Ed. 1207 XS a employment by the Insured or b performing duties related to the conduct of the Insured s business or 2 the spouse child parent brother or sister of that employee as a con sequence of paragraph 1 above. This exclusion applies whether the Insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someonhe else who must pay damages because of the injury. This exclusion does hot apply to liability assumed by the Insured under an insured contract f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seep age migration release or escape of pollutants a at or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does hot apply to i bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating from equipment that is used to heat cool or de humidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an addi tional insured with respect to your onhgoihg operations b C performed for that Addi tional Insured at that prem ises site or location and such premises site or loca tion is not and hever was owned or occupied by or rented or loaned to any in sured other than that Addi tional Insured or iii bodily injury or property damage arising out of heat smoke or fumes from a hostile fire at or from any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or pro cessed as waste by or for i any insured or ii any person or organization for whom you may be legally responsible or at or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are per forming operations if the pollu tants are brought on or to the premises site or location in con nection with such operations by such insured contractor or sub contractor. However this sub paragraph does not apply to i bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to per form the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equip ment or its parts if such Copyright I1SO Properties Inc 2006 Page 3 of 20 CG 00 01 Ed. 1207 XS | 1 |
fuels Iubricants or other operating fluids escape from a vehicle part desighed to hold store or receive them. This exception does hot ap ply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dis persed or released as part of the operations being per formed by such insured contractor or subcontractor ii bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contrac tor or subcontractor or i bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location oh which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are per forming operations if the oper ations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a request demand order or statu tory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neu tralize or in any way respond to or assess the effects of pollu tants 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 re sponding to or assessing the ef fects of pollutants. However this paragraph does not ap ply to liability for damages because of property damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a gov ernmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage aris ing out of the ownership maintenance use or entrustment to others of any air craft auto or watercraft owned or op erated by or rented or loaned to any in sured. 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 hir ing employment training or monitoring of others by that Insured if the occurrence which caused the bodily injury or prop erty damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 a watercraft while ashore on premises you own or rent 2 a watercraft you do hot own that is a less than 26 feet long and b not being used to carry persons or property for a charge Copyright I1SO Properties Inc 2006 Ed. 1207 XS Page 4 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 lisbility assumed under any insured contract for the ownership mainten ance or use of aircraft or watercraft or bodily injury or property damage arising out of a the operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or finan cial responsibility law or other motor vehicle insurance law in the state where it is licensed or prin cipally garaged or b the operation of any of the ma chinery or equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage aris ing out of 1 the transportation of mobile equip ment by an auto owned or operated by or rented or loaned to any insured or 2 the use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or in directly out of 1 war including undeclared or civil war 2 warlike action by a military force in cluding action in hindering or defend ing against an actual or expected at tack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property Property damage to 1 property you own rent or occupy including any costs or expenses in curred by you or any other person organization or entity for repair re placement enhancement restoration or maintenance of such property for ahy reason including prevention of in jury to a person or damage to an other s property 2 premises you sell give away or aban don if the property damage arises out of any part of those premises 3 property loaned to you 4 personal property in the care custody or control of the Insured 5 that particular part of real property on which you or any contractors or sub contractors working directly or indi rectly on your behalf are performing operations if the property damage arises out of those operations or 6 that particular part of any property that must be restored repaired or re placed because your work was in correctly performed on it Paragraphs 1 3 and 4 of this exclusion do hot apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecu tive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in SECTION lll LIMITS OF INSURANCE. 1 Ed. 1207 XS Copyright I1SO Properties Inc 2006 Page 5 of 20 CG 00 01 Ed. 1207 XS | 1 |
01 Ed. 1207 XS Paragraph 2 of this exclusion does not apply if the premises are your work and were hever occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this ex clusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does hot apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product aris ing out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations haz ard This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or 2 a delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 your product 2 your work or 3 impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous con dition in it.. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of in ability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer soft ware 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.. Distribution of Material in Violation of Statutes Bodily injury or property damage aris ing directly or indirectly out of any action or omission that violates or is alleged to violate 1 the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or Copyright 1SO Properties Inc 2006 Page 6 of 20 CG 00 01 Ed. 1207 XS | 1 |
2 the CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicat ing or distribution of material or in formation. Exclusions. through n. do not apply to dam age by fire to premises while rented to you or temporarily occupied by you with permis sion of the owner. A separate Limit of Insur ance 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 becomes legally obligated to pay as dam ages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the Insured against any suit seeking those damages. However we will have no duty to defend the Insured against any suit seeking damages for personal and ad vertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result But 1 the amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judg ments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments Coverages A and B. of 2003 including b. or addition to such nce or regulation A or CAN SPAM This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. prohibits or limits 2. Exclusions tting communicat of material or in This insurance does not apply to a. Knowing Violation of Rights of Another not apply to dam hile rented to you you with permis ate Limit of Insur ge as described in NSURANCE. vertising Injury 1s that the Insured ed to pay as dam hal and advertising c. urance applies. We duty to defend the uit seeking those will have ho duty against any suit personal and ad ich this insurance at our discretion d. e and settle any result But pay for damages is in SECTION Il NCE and e defend end when he applicable Limit payment of judg s under Coverages l expenses under iability to pay sums rvices is covered 2d for under Sup Coverages A and Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict per sonal and advertising injury.. Material Published with Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the In sured with knowledge of its falsity. Material Published Prior to Policy Pe riod Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 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 con tract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement.. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Copyright 1SO Properties Inc 2006 Page 7 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 Ed. 1207 XS g. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or ser vices to conform with any statement of quality or performance made in your ad vertisement h. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement.. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellec tual property rights. Under this exclusion such other intellectual property rights do hot include the use of another s advertis ing idea in your advertisement However this exclusion does hot apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds in Media and Intemet Type Businesses Personal and advertising injury commit ted by an insured whose business is 1 advertising broadcasting publishing or telecasting 2 designing or determining content of web sites for others or 3 an Internet search access content or service provider. However this exclusion does not apply to paragraphs 14.a. b. and. of personal and advertising injury under the Defini tions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control.. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s hame or product in your e mail address domain hame or metatag or any other similar tac tics to mislead another s potential custom ers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or heutralize or in any way respond to or assess the effects of pollutants or 2 clam or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants.. War Personal and advertising injury however caused arising directly or indirectly out of 1 war including undeclared or civil war 2 warlike action by a military force in cluding action in hindering or defend ing against an actual or expected at Copyright I1SO Properties Inc 2006 Page 8 of 20 CG 00 01 Ed. 1207 XS | 1 |
tack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Distribution of Material in Violation of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omission that violates or is alleged to vio late 1 the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 the CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicat ing or distribution of material or in formation. Coverage C Medical Payments 1. Insuring Agreement a. We will pay medical expenhses as de scribed 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 report ed to us within one year of the date of the accident and ment sovereigh or military personnel llion revolution action taken by b. ity in hindering or y of these. al in Violation of g injury arising di of any action or r is alleged to vio sumer Protection g any amendment h law or 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 applicable Limit of Insurance. We will pay reasonable expenses for first aid administered at the time of an accident 2 necessary medical surgical x ray and dental services including prosthetic devices and 3 necessary ambulance hospital pro fessional nursing and funeral services. 2. Exclusions of 20083 including or addition to such nce or regulation A or CAN SPAM prohibits or limits tting communicat of material or in b. s c. expenses as de dily injury caused M or rent aMises you own or d erations place in the cov during the policy e. curred and report year of the date of We will hot pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. 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 nor mally occupies.. Workers Compensation and Similar Laws To a person whether or not an employ ee 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 in structing or participating in any physical exercises or games sports or contests. Copyright 1SO Properties Inc 2006 Page 9 of 20 CG 00 01 Ed. 1207 XS | 1 |
f. a. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. Supplementary Payments Coverages A and B 1. We will pay with respect to any clam we investigate or settle or any suit against an insured we defend b. All expenses we incur. Up to 250 for cost of bail bonds re quired 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 hot have to fur nish these bonds.. The cost of bonds to release attachments but only for bond amounts within the ap plicable Limit of Insurance. We do hot have to furnish these bonds.. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the clam or suit including 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 include attorneys fees or attorneys expenses taxed against the Insured.. Prejudgment interest awarded against the Insured on that part of the judgment we pay. If we make an offer to pay the ap plicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer.. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid of fered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance. perations Hazard oducts completed 3 e A overages A and B L to any claim we y suit against an of bail bonds re ents or traffic law f the use of any dily Injury Liability o hot have to fur clease attachments ints within the ap ance. We do not onds. s incurred by the to assist us in the e of the clam or ss of earnings up of time off from jainst the Insured in ese payments do fees or attorneys the Insured. varded against the the judgment we fer to pay the ap ce we will not pay st based on that offer. Il amount of any after entry of the ve have paid of sited in court the that is within the ance. duce the Limits of 2. If we defend an insured against a suit and an indemnitee of the Insured is also named as a party to the suit we will defend that indem nitee if all of the following conditions are met a. the suit against the indemnitee seeks damages for which the Insured has as sumed 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 defense of that indemnitee has also been assumed by the Insured in the same insured contract. the allegations in the suit and the in formation we know about the occur rence are such that ho conflict appears to exist between the interests of the Insured and the interests of the indemnitee. the indemnitee and the Insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the Insured and the indemnitee and. the indemnitee 1 agrees in writing to a cooperate with us in the inves tigation settlement or defense of the suit b immediately send us copies of any demands notices summonses or legal papers received in con nection with the suit notify any other insurer whose coverage is available to the in demnitee and d cooperate with us with respect to coordinating other applicable in surance available to the indem hitee and Copyright 1SO Properties Inc 2006 Page 10 of 20 CG 00 01 Ed. 1207 XS | 1 |
2 provides us with written authorization to a obtain records and other infor mation 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 at torneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation ex penses incurred by the indemnitee at our re quest will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.b.2 of Section Coverage A Bodily Injury and Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the Limits of Insurance. QOur obligation to defend an insureds indem hitee and to pay for attorneys fees and nec essary litigation expenses as Supplementary Payments ends when we have used up the applicable Limit of Insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agree ment described in paragraph f. above are no longer met. SECTION II WHO IS AN INSURED 1. If you are desighated 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 conduct of your busi ness.. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds but only with respect to their duties as your managers. ritten authorization d. and other infor o the suit and ontrol the defense ee in such suit An organization other than a partnership joint venture or limited liability company you are an insured. Your executive of ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. ions are met at e. A ftrust you are an insured. Your trustees. n the defense of are also insureds but only with respect to their duties as trustees. litigation expenses sary litigation ex o emnitee at our re 2. Each of the following is also an insured smentary Payments. ions of paragraph a. rerage A Bodily ge Liability such led to be damages perty damage and f Insurance. n insured s indem eys fees and nec as Supplementary have used up the 2 in the payment of or the conditions ms of the agree h f. above are no JRED Declarations as your spouse are h respect to the of which you are enture you are an your partners and insureds but only duct of your busi ny you are an in are also insureds to the conduct of anagers are insur ect to their duties Your volunteer workers ohly while per forming 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 part nership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and ad vertising injury a to you to your partners or mem bers if you are a partnership or joint venture to your members if you are a limited liability com pany to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volun teer workers while performing duties related to the conduct of your business b to the spouse child parent brother or sister of that coem ployee or volunteer worker as a consequence of paragraph Ia above c for which there is any obligation to share damages with or repay someohe else who must pay Copyright 1SO Properties Inc 2006 Page 11 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS damages because of the injury described in paragraphs INa or b above or d arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volun teer workers any parther or member if you are a partnership or joint ven ture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. Any person or organization having proper temporary custody of your property if you die but only 1 with respect to liability arising out of the maintenance or use of that prop erty and 2 until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a hamed 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 in jury or property damage that occurred before you acquired or formed the or ganization and c. Coverage B does hot 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 re spect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a hamed insured in the Dec larations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the humber 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 dam ages because of bodily injury or prop erty damage included in the products completed operations hazard and c. damages under Coverage B. 3. The Products Completed Operations Aggre gate Limit is the most we will pay under Cov erage A for damages because of bodily in jury and property damage included in the products completed operations hazard. 4. Subject to paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and adver tising injury sustained by any one person or organization. Copyright 1SO Properties Inc 2006 Page 12 of 20 CG 00 01 Ed. 1207 XS | 1 |
5. Subject to paragraph 2. or 3. above which ever applies the Each Occurrence Limit is the most we will pay for the sum of a. damages under Coverage A and b. medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to paragraph 5. above the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages be cause of property damage to any one prem ises while rented to you or in the case of damage by fire while rented to you or tem porarily occupied by you with permission of the owner. 7. Subject to paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any ohe person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual pe riod and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the poli cy period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determin ing the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptey Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 how when and where the occur rence or offense took place 2 the names and addresses of any in jured 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 re ceived and 2 notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit 2 authorize us to obtain records and other information 3 cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 assist us upon our request in the en forcement of any right against any person or organization which may be lible to the Insured because of injury or damage to which this insurance may also apply. d. No insured will except at that Insured s own cost voluntarily make a payment as sume any obligation or incur any expense other than for first aid without our con sent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. to join us as a party or otherwise bring us into a suit asking for damages from an insured or Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 13 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable Limit of Insur ance. An agreed settlement means a settle ment and release of liability signed by us the Insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is avail able to the Insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when paragraph b. below applies. If this insur ance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contin gent or oh any other basis i that is Fire Extended Cov erage Builder s Risk Installa tion Risk or similar coverage for your work ii that is Fire insurance for premises rented to you or temporarily occupied by you with permission of the own er iii that is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occu pied by you with permission of the owner or iv if the loss arises out of the maintenance or use of air craft autos or watercraft to the extent not subject to exclusion g. of Section I Coverage A Bodily Injury and Property Damage Li ability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed oper ations 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 under Coverages A or B to defend the Insured against any suit if any other insurer has a duty to de fend the Insured against that suit If ho other insurer defends we will un dertake to do so but we will be en titled 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 oth er insurance would pay for the loss in the absence of this insur ance 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 Insur ance Provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Dec larations of this Coverage Part.. Method of Sharing If all of the other insurance permits con tribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it 0 01 Ed. 1207 XS Copyright 1SO Properties Inc 2006 Page 14 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS has paid its applicable Limit of Insurance or none of the loss remains whichever comes first If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this meth od each insurer s share is based on the ratio of its applicable Limit of Insurance to the total applicable Limits of Insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and ret rospective 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 ac curate and complete b. those statements are based upoh repre sentations you made to us and. we have issued this Policy in reliance upon your representations.. Separation of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed in this Coverage Part to the first Named Insured this insurance applies a. as if each named insured were the only hamed 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 hot to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written no tice of the nonrenewal hot 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 nhotice 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 onh the Internet or on similar elec tronic means of communication and b. regarding web sites only that part of a web site that is about your goods pro ducts 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 in cluding any attached machinery or equip ment or Copyright 1SO Properties Inc 2006 Page 15 of 20 CG 00 01 Ed. 1207 XS | 1 |
0 01 Ed. 1207 XS b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. the United States of America including its territories and possessions Puerto Rico and Canada b. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph a. above or. all other parts of the world if the injury or damage arises out of 1 goods or products made or sold by you in the territory described in para graph a. above 2 the activities of a person whose home is in the territory described in para graph a. above but is away for a short time on your business or 3 personal and advertising injury of fenses that take place through the In ternet or similar electronic means of communication 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. Em ployee does nhot include a temporary work er. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes un controllable or breaks out from where it was intended to be.. Impaired property means tangible prop erty 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 de fective deficient inadequate or danger ous 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 remov al of your product or your work or your fulfilling the terms of the contract or agree ment.. Insured contract means a. a contract for a lease of premises. How ever 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 tem porarily occupied by you with permission of the owner is not an insured contract b. a sidetrack agreement. any easement or license agreement ex cept in conhection with construction or demolition operations on or within 50 feet of arailroad d. an obligation as required by ordinance to indemnify a municipality except in con nection with work for a municipality e. an elevator maintenance agreement f. that part of any other contract or agree ment 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 persoh or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Copyright 1SO Properties Inc 2006 Page 16 of 20 CG 00 01 Ed. 1207 XS | 1 |
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 op erations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2 that indemnifies an architect engineer or surveyor for injury or damage aris ing out of a preparing approving or failing to prepare or approve maps shop drawings opinions reports sur veys 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 archi tect engineer or surveyor assumes li ability for an injury or damage arising out of the Insured s rendering or fail ure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to n 00 01 Ed. 1207 XS you by a labor leasing firm under an agree ment 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. Loading or unloading means the handling of property a. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. while it is in or on an aircraft watercraft or auto or. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 12. but loading or unloading does hot include the movement of property by means of a me chanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the fol lowing 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 hext to premises you own or rent. vehicles that travel on crawler treads d. vehicles whether self propelled or not maintained primarily to provide mohbility to permanently mounted 1 power cranes shovels loaders dig gers or drills or 2 road construction or resurfacing equipment such as graders scrapers or rollers e. vehicles not described in paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equip ment of the following types 1 air compressors pumps and gener ators including spraying welding building cleaning geophysical explora tion lighting and well servicing equip ment or 2 cherry pickers and similar devices used to raise or lower workers f. vehicles not described in paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos Copyright 1SO Properties Inc 2006 Page 17 of 20 CG 00 01 Ed. 1207 XS | 1 |
1 equipment designed primarily for a snow removal b road maintenance but not con struction or resurfacing or c street cleaning 2 cherry pickers and similar devices mounted onh automobile or truck chas 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 upoh another s copyright trade dress or slogan in your advertisement. sis and used to raise or lower work 15. Pollutants mean any solid liquid gaseous ers and or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis 3 air compressors pumps and gener chemicals and waste. Waste includes materials ators including spraying welding to be recycled reconditioned or reclaimed. building cleaning geophysical explora tion lighting and well servicing equip 16. Products completed operations hazard ment. However mobile equipment does not include any land vehicles that are subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land ve hicles subject to a compulsory or financial responsibility law or other motor vehicle in surance law are considered autos. 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 13. Occurrence means an accident including or abandoned. However your work continuous or repeated exposure to substan will be deemed completed at the earli tially the same general harmful conditions. est of the following times 14. Personal and advertising injury means in a When all of the work called for in jury including 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 en try into or invasion of the right of private occupancy of a room dwelling or prem ises 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 ser vices your contract has been complet ed b When all of the work to be done at the job site has been com pleted 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 main tenance correction repair or replace ment but which is otherwise com plete will be treated as completed. Copyright 1SO Properties Inc 2006 00 01 Ed. 1207 XS Page 18 of 20 essors pumps and gener cluding spraying welding sanine Aacorhveicral evslora CG 00 01 Ed. 1207 XS | 1 |
17. 18. b. Does not include bodily injury or prop erty 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 un loading of that vehicle by any insured 2 the existence of tools uninstalled equipment or abandonhed 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. Property damage means a. physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the phys ical injury that caused it or b. loss of use of tangible property that is hot physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including sys tems and applications software hard or flop py disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equip ment. 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 ih which such damages are claimed and to which the In sured must submit or does submit with our consent or 19. 20. 21 b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is hot 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 com pensation 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 business or assets you have ac quired and 2 containers other than vehicles ma terials parts or equipment furnished in connection with such goods or pro ducts. 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 warhings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. perations for which the isted in the Declarations y schedule states that pleted operations are Copyright 1SO Properties Inc 2006 Page 19 of 20 CG 00 01 Ed. 1207 XS | 1 |
22. Your work a. Means 0 work or operations performed by you or on your behalf and 2 materials parts or equipment furnished in connection with such work or op erations. b. Includes 1 warranties or representations made at any time with respect to the fithess quality durability performance or use of your work and 2 the providing of or failure to provide warhings or instructions. Copyright 1SO Properties Inc 2006 Page 20 of 20 CG 00 01 Ed. 1207 XS | 1 |
Administrative Offices 301 E 4th Stroot Cincinnati Ohio 45202 4201 GREAIAMERICAN Tel 1 513 369 5000 CG 75 18 Ed. 03 90 Policy No. PL 1944416 nan nan nan nan 0.0 BUSINESSPRO EMPLOYEE BENEFITS LIABILITY COVERAGE PART DECLARATIONS PAGE NAMED INSURED POLICY PERIOD KASK SRL 013114 to 013115 LIMITS OF INSURANCE Aggregate Limit 1000000 Each Claim Limit 1.000000 Deductible 1000 DESCRIPTION OF BUSINESS Form of Business Individual Joint Venture Partnership X Organization Other than Partnership or Joint Venture Total Advance Premium INCLUDED Premium shown is payable INCLUDED at inception FORMS AND ENDORSEMENTS applicable to this Coverage Part and a made part of this Policy at the time of issue are listed on the attached Forms and Endorsements Schedule CG 88 01 1185. BUSINESSPRO Reg. U.S. Pat. Off. CG 75 18 Ed. 0390 PRO Page 1 of 1 | 2 |
Administrative Offices 301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tel 1 513 368 5000 CG 75 19 Ed. 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EXCLUDING FIDUCIARY LIABILITY Various provisions of this Policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is hot covered. Throughout this Policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. 2 our right and duty to defend end when we have used up the applicable Limit of Insurance in the payment of judg ments or settlements under this Cov erage Part. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plemental Payments. 2. Exclusions This insurance does not apply to Damages actually or allegedly arising out of any intentional dishonest fraudulent criminal or malicious act error or omis sion committed by any insured including but not limited to the willful violation of any statute.. Damages claimed for any bodily injury property damage or personal and ad vertising injury.. Damages actually or allegedly arising out of any breach of or failure to perform any contract by any insured or insurer.. Damages arising out of an insufficiency of funds to meet any obligations under any plan included in an employee benefit pro gram. SECTION EMPLOYEE BENEFITS COVERAGES 1. Insuring Agreement a. We will pay those sums that the Insured becomes legally obligated to pay as dam ages sustained by an employee former employee prospective employee or the beneficiaries or legal representatives thereof and caused by any negligent act error or omission of the Insured or any other person for whose acts you are le gally liable in the administration of your employee benefit program. This insurance applies to any negligent act error or omission which occurs in the coverage territory and during the policy period. We will have the right and duty to defend any suit seeking those damages. How ever we will have no duty to defend the Insured against any suit seeking damages for any negligent act error or omission to which this insurance does not apply. We may at our discretion investigate any hegligent act error or omission and set tle any claim or suit that may result. But 1 the amount we pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. CG 75 19 Ed 1207 XS Page 1 of 7 | 2 |
2. 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. 3. All reasonable expenses incurred by the In sured at our request to assist us in the inves tigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. 4. All court costs taxed against the Insured in the suit However these payments do nhot in clude attorneys fees or attorneys expenses taxed against the Insured. 5. 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 we made the offer. 6. 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 de posited ih court the part of the judgment that is within the applicable Limit of Insurance. These payments will not reduce the Limits of Insurance. SECTION Il WHO IS AN INSURED 1. If you 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 conduct of your busi ness. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur eds 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 of e. Damages actually or allegedly arising out of any 1 failure of any investment to perform as predicted expected anticipated advertised or desired 2 advice given to any person with re spect to that person s decisioh to par ticipate or not to participate in any plan included in the employee benefit program 3 error in providing information on past performance of any investment vehi cle or 4 investment or non investment of funds. f. Damages arising out of your failure to comply with the mandatory provisions of any law concerning workers compensa tion employment compensation insurance social security or disability benefits law or any similar law. g. Damages for which the Insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Se curity Act of 1974 as how or hereafter amended or by any similar federal state or local law. h. Any claim arising from any failure to pay an employee benefit to the extent such employee benefit is payable from applica ble accrued funds or other collectible in surance with the reasonable effort and cooperation of the Insured. i. Any tax fine or penalty including but not limited to those imposed under the Inter nal Revenue Code or any similar state or local law. j. Damages actually or allegedly arising out of wrongful termination of employment any unlawful discrimination or any other employment related practice. Supplementary Payments We will pay with respect to any claim we in vestigate or settle or any suit against an insured we defend 1. All expenses we incur. CG 75 19 Ed 1207 XS Page 2 of 7 | 2 |
ficers and directors are insureds but only with respect to their duties as your of ficers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders.. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. The following are also insureds Each of your employees who is or was authorized to administer your employee benefit program but only with respect to their administration of your employee benefit program.. Any person organization or employee having proper temporary authorization to administer your employee benefit pro gram if you die but only with respect to their administration of your employee benefit program and only until your legal representative is appointed.. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form.. Any organization you newly acquire or form other than a partnership joint ven ture 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 1 coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier 2 coverage does not apply to negligent acts errors or omissions that oc curred 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 11l LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the number of a. insureds b. claims made or suits brought. persons or organizations making claims or bringing suits d. negligent acts errors or omissions or e. benefits included in your employee bene fit program 2. The Limits of Liability shown in the Declara tions applicable to Each Claim is subject to the following provision respecting Aggregate the most we will pay for all damages arising out of any covered claim. The Limit of Liability shown in the Declarations as Aggregate is the most we will pay for the sum of all damages on account of all claims. The limits of this Coverage Part apply sepa rately 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 un less the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEDUCTIBLE 1. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount stated in the Declarations. The Limits of Insurance shall not be reduced by the amount of the deductible. 2. The terms of this insurance including those with respect to a our right and duty to defend any suits seeking those damages and b your duties and the duties of any other involved insured in the event of a neg ligent act error or omission claim or suit CG 75 19 Ed 1207 XS Page 3 of 7 | 2 |
apply irrespective of the application of the deductible amount. 3. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action tak en you shall promptly reimburse us for such part of the deductible amount as has been paid by us. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the Insured or of the Insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of a Claim or Suit a. You and any other involved insured must see to it that we are notified as soon as practicable of any negligent act error or omission which may result in a claim. To the extent possible notice should include 1 how when and where the negligent act error or omission took place 2 the names and addresses of any in jured persons and withesses and 3 the nature of any injury or damage arising out of the negligent act error or omission. b. If a claim is received by an insured or a suit is brought against any insured you must 1 immediately record the specifics of the claim or suit and the date re ceived and 2 notify us as soon as practicable. You and any other involved insured must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 immediately send us copies of any de mands 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 settlement or defense of the claim or suit and 4 assist us upon our request in the en forcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply. d. No insured will except at their own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 3. Legal Action Against Us No persoh or organization has a right under this Coverage Part a. to join us as a party or 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 re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not due under the terms of this Coverage Part or that are in excess of the Limits of Insurance. An agreed settlement means a settlement and release of lisbility signed by us the Insured and the claimant or the claimant s legal agent. 4. Other Insurance If other valid and collectible insurance is avail able to the Insured for a loss we cover under this Coverage Part our obligations are limited as follows a Primary Insurance This insurance is primary except when paragraph b. below applies. If this insur ance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in paragraph. below. CG 75 19 Ed 1207 XS Page 4 of 7 | 2 |
b Excess Insurance c As respects any additional insured added to this Policy by attachment of an en dorsement this insurance is excess over any other insurance available to that In sured that applies oh a primary basis to any claim suit negligent act error or omission or damages to which this Policy also applies. When this insurance is excess we will have no duty to defend that Insured against any suit if any other insurer has a duty to defend the Insured against that suit If no other insurer defends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of 1 the total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 the total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provision and was hot 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 con tribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable Limit of In surance 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 meth od 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 endorsement in accordance with our rules and rates. b. Premium shown as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send hotice 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 pre miums paid for the policy term 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 ac curate and complete b. those statements are based upon repre sentations you made to us and. we have issued this Policy in reliance upon your representations. 7. Separation of Insureds Except with respect to the Limits of Insur ance and any rights or duties specifically as signed to the first Named Insured this insur ance applies a. as if each named insured were the only hamed 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 CG 75 19 Ed 1207 XS Page 5 of 7 | 2 |
. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with their own pretax dollars.. Claim means any demand made or suit brought by an employee or an employee s dependents or beneficiaries for damages as a result of a negligent act error or omission in the administration of your employee benefit program.. Coverage territory means the United States of America including its territories and pos sessions Puerto Rico and Canada.. Employee means a persoh currently or formerly employed on leave of absence dis abled or retired. Employee includes a leased worker. Employee does hot include a tem porary worker.. Employee benefit program means a pro gram providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that i no one other than an employee may subscribe to such bene fits and i such benefits are made gen erally available to those employees who satisfy the plan s eligibility requirements b. profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that i no one other than an employee may subscribe to such benefits and ii such benefits are made generally available to all employees who are eligble for such benefits under the plan. unemployment insurance social security benefits workers compensation and dis ability benefits d. vacation plans including buy and sell pro grams leave of absence programs in cluding those for military maternity fam 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 no tice 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 VI DEFINITIONS 1. Administration means a. giving counsel or providing information to employees or to their dependents or beneficiaries with respect to the eligibility for or scope of any employee benefit program b. interpreting any employee benefit pro gram. handling records in conhnection with any employee benefit program d. effecting enroliment or continuing termi nating or canceling any employee s par ticipation in any benefit included in an employee benefits program provided all such acts are authorized by you. However administration does hot include handling any payroll deductions. 2. 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 elec tronic means of communication and b. regarding web sites only that part of a web site that is about your goods pro ducts or services for the purpose of at tracting customers or supporters is con sidered an advertisement. CG 75 19 Ed 1207 XS Page 6 of 7 | 2 |
9. 10. n ily and civil leaves tuition assistance plans transportation and health club subsidies and e. any other similar plan designated in the Declarations or added thereto by en dorsement. Leased Worker means a person leased to you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does hot in clude a temporary worker. Negligent act error or omission means the failure to execute a required action or the execution of a mistaken action committed in the administration of the Insured s employee benefit program. Personal and advertising injury means in jury 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 en ry into or invasion of the right of private occupancy of a room dwelling or prem ises 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 organizations goods products or ser vices e. oral or written publication in any manher of material that violates a person s right of privacy. 12 13. 14. f. the use of another s advertising idea in your advertisement g. infringing upon another s copyright trade dress or slogan in your advertisement. Property damage means a. physical injury to tangible property in cluding all resulting loss of use of that property or b. loss of use of tangible property that is not physically injured. For the purposes of this insurance elec tronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer soft ware including systems and applications software or hardware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically con trolled equipment. Suit means a civil proceeding in which damages because of a negligent act error or omission to which this insurance applies are claimed. Suit includes a. an arbitration proceeding in which such damages are claimed and to which the In sured must submit or does submit with our consent or b. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Temporary worker means a person who substitutes for a permanent employee on leave or to meet seasonal or short term workload conditions. CG 75 19 Ed 1207 XS Page 7 of 7 | 2 |
AES 3013 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Schedule DEDUCTIBLE AMOUNT AND COVERAGE DEDUCTIBLE BASIS s Bodily Injury Liability X per claim Personal and Advertising Injury per occurrence Property Damage Liability Applicable to the sum of damages Supplementary Bodily Injury and Property Damage Liability Payments and defense costs 2500 Bodily Injury Personal and Advertising Injury and Property Damage Liability combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury personal and advertising injury and property damage however caused. 1. Qur obligation under Bodily Injury Liability Personal and Advertising Injury and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. 2. The deductible applies for the deductible amount and coverage option and on the deductible basis indicated in the Schedule above. The deductible amount stated in the Schedule above applies as follows a. PER CLAIM BASIS If the deductible amount indicated in the Schedule is on a per claim basis that deductible applies as follows 1 Under the Bodily Injury Liability Personal and Advertising Injury Liability or Property Damage Liability Coverage respectively a to the sum of damages supplementary payments and defense costs because of bodily injury sustained by any ohe personh b to the sum of damages supplementary payments and defense costs because of personal and advertising injury sustained by any one persoh or DEDUCTIBLE BASIS X per claim per occurrence Applicable to the sum of damages Supplementary Payments and defense costs 2500 AES 3013 Ed. 0411 PRO Page 1 of 3 | 2 |
c to the sum of damages supplementary payments and defense costs because of property damage sustained by any one person 2 under Bodily Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury and property damage sustained by any one person or 3 under Bodily Injury Personal and Advertising Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury personal and advertising injury and property damage sustained by any ohe personh as a result of any one occurrence or offense. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to personal and advertising injury and property damage person includes organization. b. PER OCCURRENCE BASIS If the deductible amount indicated in the Schedule is on a per occurrence basis that deductible applies as follows 1 under the Bodily Injury Liability Personal and Advertising Injury Liability or Property Damage Liability Coverage respectively a to the sum of damages supplementary payments and defense costs because of bodily injury b to the sum of damages supplementary payments and defense costs because of personal and advertising injury or to the sum of damages supplementary payments and defense costs because property damage 2 under Bodily Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of all bodily injury and property damage or 3 under Bodily Injury Personal and Advertising Injury andor Property Damage Liability Coverage combined to the sum of damages supplementary payments and defense costs because of bodily injury personal and advertising injury and property damage as a result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense. The terms of this insurance including those with respect to a our right and duty to defend any suits seeking those damages and b your duties in the event of an occurrence offense claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon hotification of the action taken you shall promptly reimburse us for such part of the deductible amount that has been paid by us. The deductible applies whether or hot a payment for damages is made. AES 3013 Ed. 0411 PRO Page 2 of 3 | 2 |
Defense Costs mean all expenses incurred in the investigation defense and settlement of any claim or suit under this policy including attorneys fees court reporter fees charges for independent medical examinations and expert witnesses provided such claim expense is incurred by us or with our prior written permission. Defense Costs will not include salaried employees counsel on retainer and office expense of either you or us. AES 3013 Ed. 0411 PRO Page 3 of 3 | 2 |
AES 3206 Ed. 05 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIALTY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is a summary of the Limits of Insurance and additional coverage provided by this endorsement. For complete details oh specific coverages consult the Policy contract wording. Subjects of Insurance Non Owned Watercraft up to 51 feet Non Owned Aircraft Chartered with Crew Medical Expenses 5000 Limit Medical Expenses Completed Operations Dental Services Who Is an Insured Fellow Employee Coverage Broadened Named Insured Additional Insured Ongoing Operations Subject to Exclusions Additional Insured Vendors Subject to Exclusions Fire Legal Liability 300000 Limit Broad Notice of Occurrence Unintentional Errors or Omissions Waiver of Subrogation Non Employee Discrimination Incidental Malpractice Liability Contractual Liability for Railroad Exposures The following amends the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions g. Aircraft Auto or Watercraft 2 is deleted and replaced with the following AES 3206 Ed. 0510 XS Page 1 of 7 | 2 |
This exclusion does not apply to 2 a watercraft that you do hot own that is a less than 51 feet long and b not being used to carry persons or property for a charge NON OWNED AIRCRAFT The following is added to SECTION COVERAGES Coverage A Bodily Injury and Property Damage Liability 2. Exclusions g. Aircraft Auto or Watercraft This exclusion does not apply to 6 An aircraft in which you have no ownership interest and that you have chartered with crew. MEDICAL PAYMENTS Unless Coverage C Medical Payments or the Products Completed Operations Hazard has been excluded from this Policy the following applies SECTION COVERAGES Coverage C Medical Payments 2.f. is deleted and replaced with the following f. Products Completed Operations Hazard Included within the products completed operations hazard. However this exclusion does hot apply to expenses for dental services. SECTION Il LIMITS OF INSURANCE 7. is deleted entirely and replaced with the following 7. Subject to paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person is the greater of a. 5000 any one Person or b. the Medical Expense Limit shown in the Declarations. WHO IS AN INSURED SECTION Il WHO IS AN INSURED is deleted entirely and replaced with the following 1. If you are desighated 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 ohly with respect to the conduct of your business.. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. AES 3206 Ed. 0510 XS Page 2 of 7 | 2 |
An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured b. Your volunteer workers only while performing duties related to the conduct of your business and your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers is an insured for 1 Personal and advertising injury a to you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b to the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of paragraph IMa above c for which there is any obligation to share damages with or repay someonhe else who must pay damages because of the injury described in paragraphs Ia or 1Mb above or 2 Bodily injury or Personal and advertising injury a arising out of incidental medical malpractice due to his or her providing or failing to provide professional health care services. However this exclusion does not apply to nurses emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services. 3 Property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any parther 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. Any person or organization having proper temporary custody of your property if you die but only 1 with respect to liability arising out of the maintenance or use of that property and AES 3206 Ed. 0510 XS Page 3 of 7 | 2 |
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