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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. 3. Any organization that you own at the inception of this Policy or any organization you hewly acquire or form other than a partnership joint venture or limited liability company and over which you maintain during the policy period majority ownership or majority interest will qualify as a Named Insured if a. there is no other similar insurance available to that organization and b. the first Named Insured shown in the Declarations has the responsibility of placing insurance for that organization and. that organization is incorporated or organized under the laws of the United States of America. However 1 coverage under this provision 3. is afforded only until the next occurring anhual anniversary of the beginning of the policy period shown in the Declarations or the end of the policy period whichever is earlier and 2 coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and 3 coverage B does nhot apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. ADDITIONAL INSURED ONGOING OPERATIONS The following is added to SECTION Il WHO IS AN INSURED SECTION 2. e. Any person or organization called additional insured that you are required to add as an additional insured on this Policy under 1 a written contract or agreement or 2 an oral contract or agreement where a certificate of insurance showing that person or organization as an additional insured has been issued however the written or oral contract must be a currently in effect or becoming effective during the term of this Policy and b executed prior to the bodily injury property damage personal injury or advertising injury which first manifests on or after the date of the inception of this policy period as shown in the Declarations Page of the Policy but prior to the earlier of the date of expiration or cancellation of this Policy. With respect to the insurance afforded such additional insured the following additional provisions apply 1 that person or organization is only an additional insured with respect to liability arising out of a premises or equipment you own rent lease or occupy or AES 3206 Ed. 0510 XS Page 4 of 7 | 2 |
b your ongoing operations performed for that additional insured by or for you. The insurance provided to such additional insured does hot apply to bodily injury or property damage included within the products completed operations hazard. 2 The Limits of Insurance applicable to any such additional insured are those specified in the written contract or agreement or in the Declarations for this Policy whichever are less and are subject to the terms and conditions of this Coverage Form. These Limits of Insurance are inclusive of and hot in addition to the Limits of Insurance shown in the Declarations. 3 A person s or organization s status as an additional insured under this endorsement ends 30 days after your operations or agreement for that additional insured are completed or cease or the expiration of this Policy whichever is earlier. The insurance provided to any additional insured does hot apply to bodily injury property damage personal injury or advertising injury arising out of an architect s engineer s or surveyors rendering of or failure to render any professional services including 1 the preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications and 2 supervisory inspection or engineering services. It is further agreed that this insurance shall be primary and honcontributory but only in the event of the Named Insured s sole negligence. ADDITIONAL INSURED VENDORS The following is added to SECTION Il WHO IS AN INSURED 2 f. Any person or organization referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business subject to the following additional exclusions 1 The insurance afforded the vendor does not apply to bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b any express warranty unauthorized by you any physical or chemical change in the product made intentionally by the vendor d repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of busihess in connection with the distribution or sale of the products. f demonstration installation servicing or repair operations except such operations performed by the vendor in full compliance with the manufacturer s written instructions at the vendor s premises in connection with the sale of the product AES 3206 Ed. 0510 XS Page 5 of 7 | 2 |
g products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor. th bodily injury or property damage arising out of the sole negligence of the vendors for its own acts or omission of those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 the exceptions contained in subparagraphs d or f or 2 such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in cohnection with the distribution or sale of the products. 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. 3 Itis further agreed that this insurance shall be primary and noncontributory but only in the event of the Named Insured s sole negligence. FIRE LEGAL LIABILITY SECTION Ill LIMITS OF INSURANCE 6. is deleted and replaced by the following 6. Subject to paragraph 5. above the Damage to Premises Rented to You Limit shown in the Declarations for damages because of property damage to any ohe premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with the permission of the owner is the greater of a. 300000 any One Premises or b. the Damage to Premises Rented to You Limit shown in the Declarations. DUTIES IN THE EVENT RR E. OF LAIM OR The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 2. Duties in the Event of Occurrence Offense Claim or Suit e. Knowledge of any occurrence offense claim or suit by any agent servant or employee of the Named Insured does not in itself constitute knowledge by the Insured unless notice of such injury claim or suit shall have been received by an officer manager risk manager authorized employee or partner of a Named Insured. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations d. If you unintentionally fail to disclose any hazards existing at the inception date of this Policy we will hot deny coverage under this Coverage Form because of such failure. However this does nhot affect our right to collect additional premium or exercise our right of cancellation or non renewal. AES 3206 Ed. 0510 XS Page 6 of 7 | 2 |
WAIVER OF SUBROGATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 8. is deleted and replaced with the following 8. Transfer or Rights of Recovery Against Others to Us a. 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 hothing after loss to impair those rights. At our request the Insured will bring suit or transfer those rights to us and help us enforce those rights. b. If required by a written insured contract executed prior to the occurrence or offense we waive any right of recovery we have against any person or organization named in such insured contract because of payments we make for injury or damage arising out of your onhgoing operations or your work for that person or organization. NON EMPLOYMENT DISCRIMINATION LIABILITY Unless Coverage B Personal and Advertising Injury Liability is excluded from this Policy the following applies The following is added to SECTION V DEFINITIONS 14. Personal and advertising injury h. discrimination or humiliation that results in injury to the feelings or reputation of a natural person but only if such discrimination or humiliation is not done intentionally by or at the direction of the Insured with the khowledge that the act would violate the rights of another and would inflict personal and advertising injury and not directly or indirectly related to the employment prospective employment or termination of employment of any person or persons by any insured. INCIDENTAL MALPRACTICE LIABILITY The following is added to SECTION V DEFINITIONS 23. Incidental Medical Malpractice means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician dentist hurse emergency medical technician or paramedic who is employed by you to provide such services provided you are not engaged in the business or occupation of providing any services referred to in this definition. CONTRACTUAL LIABILITY FOR RAILROAD EXPOSURES SECTION V DEFINITIONS 9. Insured Contract f.1 is deleted in its entirety. This endorsement does not change any other provision of the Policy. AES 3206 Ed. 0510 XS Page 7 of 7 | 2 |
CG 21 49 Ed. 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART a 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 Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by thefol lowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any b claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Copyright Insurance Services Office Inc 1998 CG 21 49 Ed. 0999 XS | 2 |
AES 3258 Ed. 07 11 EXCLUSION OF CLAIMS AND SUITS ALLEGING INFRINGEMENT OF INTELLECTUAL PROPERTY This endorsement applies to insurance under the COMMERCIAL GENERAL LIABILITY COVERAGE FORM I. Coverage B Personal and Advertising Injury Liability 2. Exclusions i. Infringement of Copyright Patent Trademark or Trade Secret is deleted and replaced by the following i. Claim or Suit Alleging Infringement of Intellectual Property 1 Any claim or suit that alleges personal and advertising injury arising out of any actual alleged or threatened misappropriation infringement or violation of any onhe or more of the following rights or laws a U m copyright patent trademark trade name trade secret trade dress service mark slogan service name claim of authorship other right to or law recognizing an interest in any expression idea likeness name style of doing business symbol or title laws or regulations concerning piracy unfair competition unfair trade practices or other similar practices or any other intellectual property right or law. This exclusion applies whether such misappropriation infringement or violation is committed in your advertisement or otherwise. 2 Any other bodily injury property damage personal and advertising injury or medical expenses alleged in a claim or suit that also alleges any misappropriation infringement or violation excluded by paragraph 1 of this exclusion. AES 3258 Ed. 0711 XS Page 1 of 2 | 2 |
The following exclusion is added to SECTION COVERAGES COVERAGE A Bodily Injury and Property Damage Liability 2. Exclusions Claim or Suit Alleging Infringement of Intellectual Property Any bodily injury or property damage alleged in any claim or suit that also alleges any personal and advertising injury of a kind described in paragraph 1 of Coverage B exclusion i. Claim or Suit Alleging Infringement of Intellectual Property. This endorsement does not change any other provision of the Policy. AES 3258 Ed. 0711 XS Page 2 of 2 | 2 |
IL 00 21 Ed. 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COVIMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY B. Under any Medical Payments Coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of huclear material and aris ing out of the operation of a nuclear fa cility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear mate rial if 1 the nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 the bodily injury or property dam age arises out of the furnishing by an insured of services materials parts or equipment in conhection with the planning construction maintenance operation or use of any nuclear fa cility but if such facility is located within the United States of America its 1. The insurance does hot apply A. Under any Liability Coverage to bodily in jury or property damage 1 with respect to which an insured un der the Policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Li ability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its ter mination upon exhaustion of its Limit of Liability or 2 resulting from the hazardous prop erties of nuclear material and with respect to which a any person or organization is required to maintain fi nancial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the In sured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agree ment entered into by the United States of America or any agency thereof with any person or organization. Copyright 1SO Properties Inc 2007 Page 1 of 2 IL 00 21 Ed. 0908 XS | 2 |
territories or possessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. Nuclear facility means a b e d any nuclear reactor any equipment or device desighed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the cus tody of the Insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus de signed 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 ra dioactive 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 component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a con taining by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Copyright 1SO Properties Inc 2007 Page 2 of 2 IL 00 21 Ed. 0908 XS | 2 |
AES 3228 Ed. 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ORGANIC PATHOGEN EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following exclusion is added to paragraph 2. Exclusions of Section. Coverages Bodily Injury and Property Damage Liability 2. Exclusions This insurance does hot apply to Organic Pathogens a. Any bodily injury which would not have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to discharge dispersal seepage migration growth release or escape or contact with any organhic pathogen. b. Any property damage which would not have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to discharge dispersal seepage migration growth release or escape existence of or presence of any organic pathogen. c. Any loss cost or expense arising out of any i request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of any organic pathogen or i claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of any organic pathogen. This exclusion applies regardless of the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion exposure contact existence or presence. B. The following exclusion is added to paragraph 2. Exclusions of Section I. Coverages Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does hot apply to AES 3228 Ed. 1110 XS Page 1 of 2 | 2 |
Organic Pathogens a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of contact with exposure to existence of or presence of any organic pathogen. b. Any loss cost or expense arising out of any i request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of any organic pathogen or ii claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of any organic pathogen. This exclusion applies regardless of the circumstances of or leading to such actual alleged threatened or suspected inhalation ingestion exposure contact existence or presence. C. The following definition is added to the Definitions section Organic pathogen means any bacteria including Escherichia coli Salmonella Listerium microbe virus fungi mold mildew mycotoxins spores or their scent or byproducts. This endorsement does not change any other provision of the Policy. AES 3228 Ed. 1110 XS Page 2 of 2 | 2 |
Administrative Offices 301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tel 1 513 368 5000 CG 83 61 Ed. 02 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage A. Bodily Injury and Property Damage Li ity of the Commercial General Liability Coverage Form and to paragraph 2. Exclu sions of SECTION I. COVERAGES of the Owners and Contractors Protective Liability Coverage Form Coverage for Operations of Designated Contractor 2. Exclusions This insurance does hot apply to Silica or Related Dust a. Any bodily injury which would hot have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to or contact with silica or dust that includes or contains sili ca b. Any property damage which would hot have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to existence of or presence of sili ca or dust that includes or contains silica c. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. B. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage B. Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected in halation or ingestion of contact with exposure to existence of or pres ence of silica or dust that includes or contains silica CG 83 61 Ed. 0205 XS Page 1 of 2 | 2 |
b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other persoh or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and i whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. C. The following definition is added to the Defi nitions Section Silica means silicon dioxide SiO2 in any form from any source. CG 83 61 Ed. 0205 XS Page 2 of 2 | 2 |
CG 21 47 Ed. 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMIMERCIAL 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 employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices de scribed in paragraphs a b or above is directed. This exclusion applies 1 whether the injury causing event de scribed in paragraphs a b or c above occurs before employment during employment or after employ ment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someohe else who must pay damages because of the injury. B. The following exclusion is added to paragraph 2. Exclusions of Section Coverage B Personal and Advertising Injury Liability This insurance does hot 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 employ ment or c employment related practices poli cies acts or omissions such as coer cion demotion evaluation reassign ment discipline defamation harass ment humiliation discrimination or malicious prosecution directed at that person or 2 the spouse child parent brother or sister of that person as a consequence of per sonal 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 de scribed in paragraphs a b or c above occurs before employment during em ployment or after employment of that person 2 whether the Insured may be liable as an employer or in any other capacity and 3 to any obligation to share damages with or repay someone else who must pay dam ages because of the injury. Copyright 1SO Properties Inc 2006 21 47 Ed 1207 XS CG 21 47 Ed. 1207 XS | 2 |
AES 3077 Ed. 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY TESTING AND CONSULTING ERRORS AND OMISSIONS EXCLUSION This insurance does hot apply to 1 Any bodily injury property damage personal and advertising injury arising out of the rendering of or failure to render any professionhal services. Any bodily injury property damage personal and advertising injury arising out of a. an error omission defect or deficiency in 1. any test performed or 2. an evaluation a consultation or advice given by or on behalf or any insured b. the reporting of or reliance upon any such test evaluation consultation or advice or. an error omission defect or deficiency in experimental data or the Insured s interpretation of that data. This endorsement does not change any other provision of the Policy. AES 3077 Ed. 0707 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r ESG 1001 Ed. 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRE EXISTING DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unkhown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. 2. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. B. The following is added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION I COVERAGES PRODUCTS COMPLETED OPERATIONS Bodily Injury and Property Damage Liability 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unkhown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. 2. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. All Other Terms and Conditions Remain Unchanged. ESG 1001 Ed. 0913 | 2 |
AES 3018 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE ASBESTOS EXCLUSION This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising whether in whole or in part and whether directly or indirectly out of any kind of asbestos including but not limited to any kind of asbestos contained or incorporated in any material or product. Any loss cost or expense arising out of any 1 request demand order writ injunction or judgment that any insured or others test for monitor clean up remove contain treat detoxify neutralize prevent abate or in any way respond to or assess the presence or effect of asbestos or 2 claim or suit for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing preventing abating or in any way responding to or assessing the presence or effect of asbestos. AES 3018 Ed. 0411 XS | 2 |
Administrative Offices 01 E 4th Street Cincil i Ohio 45202 4201 GREATAMERICAN ToF 1 515 365 5000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 77 94 Ed. 07 98 EXCLUSION LIABILITY ARISING OUT OF LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART This insurance does not apply to 1. bodily injury property damage or per sonal and advertising injury arising out of resulting from or in any way caused by or related to the actual alleged or threatened ingestion inhalation absorption or exposure to lead in any form from any source or 2. any loss cost expense liability or other type of obligation arising out of or resulting from or in any way related to any a. claim suit request demand directive or order by or on behalf of any person en tity or governmental authority that any In sured or others test for monitor clean up remove contain treat detoxify neu tralize or in any way respond to or as sess the effects of lead in any form from any source or to any b. claim or suit by or on behalf of any per son entity or governmental authority for damages or any other relief or remedy because of testing for monitoring clean ing up removing containing treating or detoxifying or heutralizing or in any way responding to or assessing the effects of lead in any form. We shall not be obligated to investigate on behalf of an Insured or to defend or indemnify an In sured or any persoh or entity claiming any right under the policy for the matters excluded in this endorsement. Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc 1998 CG 77 94 Ed 0798 XS | 2 |
AES 3103 Ed. 04 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. METAL GAS EXCLUSION This insurance does not apply to Bodily Injury Property Damage Personal and Advertising Injury arising out of or allegedly due to the existence inhalation exposure to or contact with Manganese Aluminum Zinc Magnesium Cadmium Nickel Beryllium Chromium Arsenic Iron Iron Oxide Copper Copper Oxide or any other metal gas fume or metal by product of metal heating processing or welding. AES 3103 Ed. 0411 XS | 2 |
AES 3045 Ed. 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING LIABILITY EXCLUSION This insurance does hot apply to liability arising out of aircraft products or reliance upon any representation or warranty made with respect thereto or any liability arising out of the grounding of any aircraft including missiles and spacecraft. Aircraft products means aircraft including missiles or spacecraft or any ground support or control equipment used therewith any aircraft part and goods or products installed in or on aircraft or used in cohnection with aircraft manufactured sold handled or distributed or services provided or recommended by any insured or by others trading under any insured s name. Aircraft products includes tooling used in the manufacture of aircraft products and also includes ground handling tools and equipment training aids instructions manuals blueprints engineering and other data engineering and other advice and services and labor relating to aircraft products. Grounding means the withdrawal of one or more aircraft including missiles or spacecraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the actual alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof a sold handled or distributed by any insured or b manufactured assembled or processed by any other person or organization according to your specifications plans suggestions orders or drawings of any insured or with tools machinery or other equipment furnished to such persons or organizations by any insured whether such aircraft so withdrawn or restricted is or are owned or operated by the same or other persons or organizations. This endorsement does not change any other provision of the policy. AES 3045 Ed. 0807 XS | 2 |
AES 3229 Ed. 11 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Exclusion e. Employer s Liability under paragraph 2. Exclusions of SECTION COVERAGES Bodily Injury and Property Damage Liability is deleted and replaced by the following e. Employer s Liability Bodily injury to 1 an employee of any insured arising out of and in the course of a employment by any insured or b performing duties related to the conduct of the Insured s business or 2 the spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1 whether the Insured may be liable as an employer or in any other capacity 2 to any obligation to share damages with or repay someone else who must pay damages because of the injury and 3 to liability assumed by any insured under an insured contract. This endorsement does not change any other provision of the Policy. AES 3229 Ed. 1110 XS | 2 |
AES 3216 Ed. 06 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BISPHENOL A BPA AND PHTHALATES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any liability arising out of the use of Bisphenol A Phthalates or phthalate esters in any product AES 3216 Ed. 0610 XS | 2 |
AES 3022 Ed. 08 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Schedule Designated products Bicycle Helmets Ski Helmets Horse Helmets Work Related Safety Helmets Sold in the U.S. or Canada Only The coverage provided for the products completed operations hazard in this policy applies onhly to bodily injury or property damage arising out of your product shown in the above Schedule. AES 3022 Ed. 0812 Page 1 of 1 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 73 24 Ed. 08 12 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CLAUSE This insurance does hot apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. IL 73 24 Ed. 0812 | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r AES 3004 Ed. 05 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITION AMENDMENT Condition 5. Premium Audit Section IV is re placed by the following 5. Premium Audit Minimum Premium Mini mum Retained Premium a. We will compute all premiums for this Coverage Form in accordance with the terms and conditions of this policy. b. Premium shown in this policy as Advance Premium is a deposit premium. At the close of each audit period we will com pute the earned premium for that period. Audit premiums are due and payable upon notice to the first Named Insured. If the sum of the Advance and Audit Premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured subject to the minimum and minimum retained premiums described below.. In no event will the final premium retained by us be less than the minimum premium shown in the Declarations of this policy. If nho other premium is desighated specifi cally as a minimum premium. Such mini mum premium the Advance Premium shown in the Declarations is the minimum premium. Such minimum premium is sub ject to the short rate or prorate adjust ment according to policy provisions in case of cancellation of the policy.. This policy is also subject to a minimum retained premium of 25 of the Advance Premium shown in the Declarations of this policy. Such minimum retained premium is hot subject to prorate or short rate ad justment in the event of cancellation by you and we shall retain no less than the minimum retained premium regardless of the policy term. Cancellation of the policy for non payment of premium shall be deemed a request by you for cancellation of this policy thereby invoking the mini mum retained premium unless the short rate calculation earns more than the mini mum retained premium.. 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. AES 3004 Ed. 0501 XS | 2 |
GREAT AMERICAN E S INSURANCE COMPANY PLEASE READ THIS CAREFULLY. SURPLUS LINES NOTIFICATION THE INSURANCE COMPANY WITH WHICH THIS COVERAGE HAS BEEN PLACED IS 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 INSURANCE GUARANTY OR INSOLVENCY FUND. NAME AND LICENSE NUMBER OF BROKER OR AUTHORIZED REPRESENTATIVE NCSN Ed. 0304 XS | 2 |
301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tol 1 513 366 5000 r IL 72 10 Ed. 01 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Rejection Of Offer You have rejected the offer of terrorism coverage for Acts of Terrorism that are certified under the Terrorism Risk Insurance Act as an Act of Terrorism. An exclusion of terrorism losses has been made a part of this policy. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall hot make any payment for any portion of the amount of such losses that exceeds 100 billion. You have rejected this offer of coverage. IL 72 10 Ed. 0108 XS | 2 |
CG 2175 Ed. 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance under the following COMIMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. physical injury that involves a substan tial risk of death or b. protracted and obvious physical dis figurement or. protracted loss of or impairment of the function of a bodily member or organ or 3. the terrorism involves the use release or escape of nuclear materials or directly or indirectly results in huclear reaction or ra diation or radioactive contamination or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical ma terials or 5. pathogenic or poisonhous biological or chemical materials are released and it ap pears that one purpose of the terrorism was to release such materials. With respect to this exclusion paragraphs 1. and 2. describe the thresholds used to mea sure the magnitude of an incident of an other act of terrorism and the circumstances in Terrorism Any injury or damage arising directly or in directly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States in cluding its territories and possessions and Puerto Rico but within the coverage terri tory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. the total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business in terruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for applica tion of any terrorism exclusions or Copyright I1SO Properties Inc 2008 Page 1 of 2 CG 21 75 Ed. 0608 XS | 2 |
which the threshold will apply for the purpose of determining whether this exclusion will ap ply to that incident B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any coverage part to which this endorsement is applica ble and includes but is not limited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable coverage part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Sec retary of State and the Attorney General of the United States to be an act of ter rorism pursuant 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 a. the act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insur ance Act b. the act resulted in damage 1 within the United States including its territories and possessions and Puerto Rico or 2 outside of the United States in the case of a an air carrier as defined in Section 40102 of title 49 United States Code or Unit ed States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regu lation in the United States regardless of where the loss occurs or b the premises of any United States mission and c. the act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the Policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the Policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of ter rorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Copyright 1SO Properties Inc 2008 Page 2 of 2 CG 21 75 Ed. 0608 XS | 2 |
CG 21 76 Ed. 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to Terrorism Punitive Damages Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Trea sury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act The criteria contained in the Terrorism Risk Insur ance Act for a certified act of terrorism include the following 1. the act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. the act is a violent act or an act that is dangerous to human life property or in frastructure and is committed by an in dividual 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. Copyright 1SO Properties Inc 2007 CG 21 76 Ed 0108 XS | 2 |
Administrative Offices 301 E 4th Street Cincinnati Ohio 45202 4201 GREATAMERICAN Tel 1 513 368 5000 CG 83 66 Ed. 06 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR BIOLOGICAL OR CHEMICAL EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTORS A. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION COVERAGE A. Bodily Injury and Property Damage Liability of the Commercial Gen eral Liability Coverage Form and to para graph 2. Exclusions of SECTION I. COV ERAGES of the Owners and Contractors Protective Liability Coverage Form Cov erage for Operations of Designated Con tractor 2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any bodily injury or property damage caused directly or indirectly in whole or in part by any of the following regardless of any other causes or events that may contribute concurrently or in any other sequence to the bodily injury or prop erty damage Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. 2 Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or desigh actually or gpparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. B. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION I COVERAGE B. Personal and Advertising In jury Liability of the Commercial General Li ability Coverage Form CG 83 66 Ed. 0605 XS Page 1 of 2 | 2 |
2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any personal or advertising injury caused directly or indirectly in whole or in part by any of the following regardless of any other causels or events that may contribute concurrently or in any other sequence to the personal and advertising injury 1 Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. 2 Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or desigh actually or apparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. This endorsement does not change any other provision of the policy. CG 83 66 Ed. 0605 XS Page 2 of 2 | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF o DECLARATIONS o ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF o ONE OR MORE COVERAGE FORMS o APPLICABLE FORMS AND ENDORSEMENTS 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. President and Chief Executive Officer Secretary QQ e AGR DS 1003 09 11 Page 1 of 1 | 2 |
Allianz Global Risks US Insurance Company COMMERCIAL GENERAL LIABILITY AGR GL 1001 1103 COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER CGL 2004901 Allianz Global Risks US Insurance Company 225 W. Washington St. Suite 1800 Chicago IL 60606 67 Chicago Office Lockton Companies LLC 0028096 444 W 47th St 900 Kansas City MO 64112 1906 NAMED INSURED Devanlay US Inc. MAILING ADDRESS 551 Madison Avenue New York NY 10022 POLICY PERIOD FROM January 012014 TO YOUR MAILING ADDRESS SHOWN ABOVE January 01 2015 AT 1201 AM. TIME AT IN RETURN FOR THE PAYMENT OF PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 250000 Any one premises MEDICAL EXPENSE LIMIT 0 Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 RETROACTIVE DATE CG 00 02 ONLY THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE ENTER DATE OR NONE IF NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS INDIVIDUAL PARTNERSHIP JOINT VENTURE LIMITED LIABILITY COMPANY v ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY BUSINESS DESCRIPTION Retail Clothing Stores Clothing Manufacturing and Distribution Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1998 AGR GL 1001 1103 INSURED Page 1 of 2 POLICY NUMBER CGL 2004901 JS Insurance Company t. Suite 1800 ckton Companies LLC 0028096 14 W 47th St 900 ansas City MO 64112 1906 ny one premises INDIVIDUAL PARTNERSHIP JOINT VENTURE LIMITED LIABILITY COMPANY v ORGANIZATION INCLUDING A CORPORATION BUT NOT INCLUDING A PARTNERSHIP JOINT VENTURE OR LIMITED LIABILITY COMPANY AGR GL 1001 1103 Page 1 of 2 | 2 |
Allianz Global Risks US Insurance Company ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY Per Schedule on file with the Company CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NUMBER NO. BASE Prem Prod Comp Prem Prod Comp Ops Ops Ops Ops Per All Operations of the 5005 Flat Flat Flat Incl. 99500 Schedule on Named Insured 2488 file with the Certified Terrorism Company PREMIUM SHOWN IS PAYABLE STATE TAX OR OTHER if applicable TOTAL PREMIUM SUBJECT TO AUDIT AT INCEPTION AT EACH ANNIVERSARY IF POLICY PERIOD IS MORE THAN ONE YEAR AND PREMIUM IS PAID IN ANNUAL INSTALLMENTS Not Applicable 101988 AUDIT PERIOD IF APPLICABLE ANNUALLY SEMI ANNUALLY QUARTERLY MONTHLY ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY Per Forms and Endorsement List THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBER POLICY. Countersigned By Date Authorized Representative REMIUM SHOWN IS PAYABLE RSARY Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1998 INSURED AGR GL 1001 1103 Page 2 of 2 | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Devanlay US Inc. POLICY NUMBER CGL 2004901 EFFECTIVE DATE 112014 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice OFAC Policyholder Notice 2012 CGL Revision Commercial General Liability Coverage Form Common Policy Conditions Exclusion Asbestos Liability Fuel Oxygenates Exclusion Exclusion Railroad Liability Exclusion Electromagnetic Radiation Exclusion Tobacco and Tobacco Products Exclusion Mining Operations Exclusion Offshore Risks Exclusion Lead Exclusion Persistent Organic Pollutants Employment Related Practices Exclusion For Use with the Commercial General Liability Coverage Forms Fungi Or Bacteria Exclusion Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism Silica or Silica Related Dust Exclusion Nuclear Energy Liability Exclusion Endorsement Deductible Liability Insurance Per Occurrence Amendment Coverage B Personal and Advertising Injury Aggregate Limit of Insurance Amendment Supplementary Payments Within Limits of Insurance Additional Condition Undisclosed Exposures Economic or Trade Sanctions Endorsement International Additional Insured When Required by Contract Ongoing Ops Employee Benefits Liability Coverage Additional Insured Controlling Interest Additional Insured Managers or Lessors of Premises Additional Insured Vendors AGR DS 1002 11 03 FORM NUMBER AGR IL 8003 01 05 CGPOI50413 CG00010413 1L00171198 AGR GL 5002 11 03 AGR GL 5007 11 03 AGR GL 5008 11 03 AGR GL 5009 11 03 AGR GL 5010 11 03 AGR GL 5011 11 03 AGR GL 5012 11 03 AGR GL 5024 01 04 AGR GL 5031 12 05 CG 21471207 CG21671204 CG21710608 G 21960305 IL 00 23 07 02 AGR GL 3001 11 03 AGR GL 3003 11 03 AGR GL 3004 11 03 AGR GL 4503 11 04 AGRG IL 5001 07 08 AGRL CG 6001 04 10 G 04351207 G200504 13 G20110413 G20150413 EDITION DATE 012005 042013 042013 111998 112003 112003 112003 112003 112003 112003 112003 012004 122005 122007 122004 062008 032005 072002 112003 112003 112003 112004 072008 042010 102007 042013 042013 042013 | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Devanlay US Inc. POLICY NUMBER CGL 2004901 EFFECTIVE DATE 112014 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Additional Insured Designated Person or Organization Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You Additional Insured Grantor of Licenses Waiver of Transfer of Rights of Recovery Against Others to Us Designated Locations General Aggregate Limit Named Insured Endorsement Exclusion for Brain and Nervous System Related Diseases Formaldehyde Exclusion Virus Computer Data Exclusion New York Changes Commercial General Liability Coverage Form New York Changes Transfer Of Duties When A Limit Of Insurance Is Used Up New York Changes Cancellation and Nonrenewal FORM NUMBER G20260413 CG20340413 G20360413 G 2404 05 09 G 25040509 AGR IL M001 11 03 AGR IL M002 11 03 AGR IL M002 11 03 AGR IL M002 11 03 CG 01630711 G26211091 IL026801 11 EDITION DATE 042013 042013 042013 052009 052009 112003 112003 112003 112003 072011 101991 102010 AGR DS 1002 11 03 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Policy Number CGL 2004901 Policy Number CGL 2004901 COMMERCIAL GENERAL LIABILITY CGP 0150413 2012 GENERAL LIABILITY MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes in your policy. No coverage is provided by this summary nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. COMMERCIAL GENERAL LIABILITY COVERAGE FORMS CG 000104 13 AND CG 00 02 04 13 I. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Coverage A Exclusion 2.g. Aircraft Auto Or Watercraft is revised to delete reference to in the state. 3. Coverage A Exclusion 2.q. and Coverage B Exclusion 2.p. Recording And Distribution Of Material Or Information In Violation Of Law were previously added to your policy via mandatory endorsement. The endorsement contained an exclusion addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations. This exclusion has been incorporated directly into your policy. 4. Coverage B Exclusions 2.b. and 2.c. Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 1. CONDITIONS OTHER CHANGES Condition 4. Other Insurance is generally revised so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. CGP0150413 Insurance Services Office Inc. 2012 Page 1 of 7 | 2 |
Iil. DEFINITIONS OTHER CHANGES 1. Definition 2. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 12. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR CG 000904 13 I. EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.I. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 2. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. LIQUOR LIABILITY COVERAGE FORMS CG 0033 04 13 AND CG 0033 04 13 WHO IS AN INSURED BROADENING OF COVERAGE We have included trusts as Named Insureds. In addition trustees have been included as insureds but only with respect to their duties as trustees. CG 00 35 04 13 RAILROAD PROTECTIVE LIABILITY COVERAGE FORM EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.f.3a Pollution is amended to expand the exception to the exclusion with respect to bodily injury or property damage arising out of fuel or lubricants for equipment used at the job location not just when they escape from such equipment. Page 2 0of 7 Insurance Services Office Inc. 2012 CGP0150413 | 2 |
PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM CG 0037 04 13 AND CG 00 38 04 13 I. EXCLUSIONS BROADENING OF COVERAGE 1. Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to allowing a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Exclusion 2.1. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition 10. Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CG 00 39 04 13 POLLUTION LIABILITY COVERAGE FORM DESIGNATED SITES CG 00 40 04 13 POLLUTION LIABILITY LIMITED COVERAGE FORM DESIGNATED SITES I. EXCLUSIONS A. BROADENING OF COVERAGE Exclusion 2.p. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. OTHER CHANGES Exclusion Aircraft Auto Rolling Stock Or Watercraft is generally revised to reinforce that the exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. The exclusion is also revised to express that a land motor vehicle subject to compulsory or financial responsibility laws or other motor vehicle insurance laws will not be covered with respect to its over the road exposures. Il. DEFINITIONS OTHER CHANGES 1. Exclusion 2.j. Aircraft Auto Rolling Stock Or Watercraft is revised to delete reference to in the state. CG 00 40 only 2. Definition 1. Auto is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. 3. Definition Mobile Equipment is revised to delete reference to in the state with respect to where a vehicle is licensed or principally garaged. CGP0150413 Insurance Services Office Inc. 2012 Page 3 of 7 | 2 |
CG 00 42 04 13 UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS EXCLUSIONS BROADENING OF COVERAGE Exclusion 2.i. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. CG 00 65 04 13 ELECTRONIC DATA LIABILITY COVERAGE FORM EXCLUSIONS OTHER CHANGES Exclusion 2.g. Infringement Of Intellectual Property Rights is revised to delete the exception pertaining to the use of another s advertising idea. MULTISTATE ENDORSEMENTS A. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CG 04 37 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury.. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Construction Agreement Endorsement CG 20 38 is introduced to provide additional insured status to those parties whom the named insured is obligated in writing in a contract or agreement to name as an additional insured.. Druggists Endorsement CG 22 69 is revised to introduce an exception for the administering of vaccinations.. Liquor Liability Bring Your Own Alcohol Establishments Endorsement CG 24 06 is introduced to provide coverage to insureds who permit any person to bring any alcoholic beverage on an insured s premises for consumption on the insured s premises. B. REDUCTIONS OF COVERAGE 1. 2. Additional Insured Users Of Golfmobiles Endorsement CG 20 08 is revised to include a definition of the term golfmobile. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion will apply if a named insured permits any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises L CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part L CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part L CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part L CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part Page 4 of 7 Insurance Services Office Inc. 2012 CGP0150413 | 2 |
3. Total Pollution Exclusion For Designated Products Or Work Endorsement CG 21 99 is introduced to exclude coverage with respect to bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants which arises out of the product or work scheduled in the endorsement. 4. Amendment Of Personal And Advertising Injury Definition Endorsement CG 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral and written publication in any manner of material that violates a person s right of privacy. C. OTHER CHANGES 1. Limited Product Withdrawal Expense Endorsement CG 04 36 is revised in part to reinforce that the Participation Percentage is indicated in the Schedule and to reflect that the cost of the insured s participation in each product withdrawal will be borne by the named insured when due. 2. Primary And Noncontributory Other Insurance Condition Endorsement CG 20 01 is introduced to revise the Other Insurance Condition to indicated that coverage is provided to an additional insured on a primary and noncontributory basis provided that certain requirements are met. 3. Additional Insured Endorsements The following additional insured endorsements are revised to indicate that when these endorsements are attached to a policy if coverage provided to the additional insured is required by contract or agreement coverage to the additional insured will be afforded to the extent permissible by law and to the extent the named insured is required by the contract or agreement to provide insurance for the additional insured. Additionally if coverage provided to the additional insured is required by contract or agreement the limits of insurance of the named insured s policy that are available to an additional insured will be limited to the extent required by the contract or agreement or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. CG 20 03 Additional Insured Concessionaires Trading Under Your Name L CG 20 05 Additional Insured Controlling Interest L CG 20 07 Additional Insured Engineers Architects Or Surveyors CG 20 10 Additional Insured Owners Lessees Or Contractors Scheduled Person Or Organization L CG 20 11 Additional Insured Managers Or Lessors Of Premises L CG 20 12 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations L CG 20 13 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises. CG 20 15 Additional Insured Vendors L CG 20 18 Additional Insured Mortgagee Assignee Or Receiver CG 20 23 Additional Insured Executors Administrators Trustees Or Beneficiaries. CG 20 24 Additional Insured Owners Or Other Interest From Whom Land Has Been Leased L CG 20 26 Additional Insured Designated Person Or Organization. CG 20 27 Additional Insured Co owner Of Insured Premises L CG 20 28 Additional Insured Lessor Of Leased Equipment L CG 20 29 Additional Insured Grantor Of Franchise L CG 20 30 Oil Or Gas Operations Nonoperating Working Interests L CG 20 31 Additional Insured Engineers Architects Or Surveyors L FG 20d32 Additional Insured Engineers Architects Or Surveyors Not Engaged By The Named nsure CG 20 33 Additional Insured Owners Lessees Or Contractors Automatic Status When Required In Construction Agreement With You CGP0150413 Insurance Services Office Inc. 2012 Page 5 of 7 | 2 |
CG 20 34 Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You CG 20 35 Additional Insured Grantor Of Licenses Automatic Status When Required By Licensor CG 20 36 Additional Insured Grantor Of Licenses CG 20 37 Additional Insured Owners Lessees Or Contractors Completed Operations CG 29 35 Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations. Professional Services Endorsements The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured L CG 21 16 Exclusion Designated Professional Services. CG 21 52 Exclusion Financial Services. CG 21 56 Exclusion Funeral Services L CG 21 57 Exclusion Counseling Services. CG 21 58 Exclusion Professional Veterinarian Services L CG 21 59 Exclusion Diagnostic Testing Laboratories L CG 22 24 Exclusion Inspection Appraisal And Survey Companies. CG 22 32 Exclusion Professional Services Blood Banks L CG 22 33 Exclusion Testing Or Consulting Errors And Omissions L CG 22 34 Exclusion Construction Management Errors And Omissions L CG 22 36 Exclusion Products And Professional Services Druggists L CG 22 37 Exclusion Products And Professional Services Optical And Hearing Aid Establishments L CG 22 39 Exclusion Camps Or Campgrounds L CG 22 43 Exclusion Engineers Architects Or Surveyors Professional Liability L CG 22 44 Exclusion Services Furnished By Health Care Providers L CG 22 45 Exclusion Specified Therapeutic Or Cosmetic Services L CG 22 48 Exclusion Insurance And Related Operations L CG 22 69 Druggists L CG 22 71 Colleges Or Schools Limited Form L CG 22 72 Colleges Or Schools L CG 22 75 Professional Liability Exclusion Computer Software L CG 22 76 Professional Liability Exclusion Health Or Exercise Clubs Or Commercially Operated Health Or Exercise Facilities L CG 22 77 Professional Liability Exclusion Computer Data Processing L CG 22 79 Exclusion Contractors Professional Liability L CG 22 80 Limited Exclusion Contractors Professional Liability L CG 22 87 Exclusion Adult Day Care Centers L CG 22 88 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services L CG 22 90 Professional Liability Exclusion Spas or Personal Enhancement Facilities L CG 22 91 Exclusion Telecommunication Equipment Or Service Providers Errors And Omissions L CG 22 96 Limited Exclusion Personal And Advertising Injury Lawyers Page 6 of 7 Insurance Services Office Inc. 2012 CGP0150413 | 2 |
10. 11. 12. 13. 14. 15. L CG 22 98 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions L CG 22 99 Professional Liability Exclusion Web Site Designers L CG 23 01 Exclusion Real Estate Agents Or Brokers Errors Or Omissions L CG 31 15 Construction Project Management Protective Liability Coverage. Exclusion Volunteer Workers Endorsement CG 21 66 is revised to delete reference to in the state from Exclusion 2.g. Aircraft Auto Or Watercraft.. Exclusion Failure To Supply Endorsement CG 22 50 is revised to expressly state that the exclusion also applies to the failure of any insured to adequately supply biofuel.. Pesticide Or Herbicide Applicator Coverage Endorsements CG 22 64 and CG 28 12 and Lawn Care Services Coverage Endorsement CG 22 93 are revised to reflect a change in titles to Herbicide Applicator Limited Pollution Coverage endorsements and Lawn Care Services Limited Pollution Coverage.. Real Estate Property Managed Endorsement CG 22 70 is revised to reinforce that the insurance provided is excess over any other insurance available whether such insurance is primary or excess.. Colleges Or Schools Endorsements CG 22 71 and CG 22 72 are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Waiver Of Governmental Immunity Endorsement CG 24 14 is revised to reference that the endorsement also applies to the Owners And Contractors Protective Liability Coverage Part and the Railroad Protective Liability Coverage Part. Amendment Of Insured Contract Definition Endorsement CG 24 26 and Limited Contractual Liability Railroads Endorsement CG 24 27 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of the tort liability is permitted by law. Designated Locationss Aggregate Limit Endorsement CG 25 14 is introduced to make a separate Designated Location Aggregate Limit available for each location of the insured listed in the Schedule of the endorsement. Supplemental Extended Reporting Period Endorsement CG 27 10 and Supplemental Extended Reporting Period Endorsement For Specific Accidents Products Work Or Locations Endorsement CG 27 11 are revised to amend Condition 4. Other Insurance so that the insurance provided is excess over any for which the named insured has been added as an additional insured whether by endorsement or any other means. Principals Protective Liability Coverage Endorsement CG 28 07 is revised to delete reference to in the state from Exclusion 2.c.1ei. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol L CG 21 50 Amendment Of Liquor Liability Exclusion for use with Commercial General Liability Coverage Part L CG 21 51 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Commercial General Liability Coverage Part L CG 29 52 Amendment Of Liquor Liability Exclusion for use with Products Completed Operations Liability Coverage Part L CG 29 53 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities for use with Products Completed Operations Liability Coverage Part CGP0150413 Insurance Services Office Inc. 2012 Page 7 of 7 | 2 |
Policy Number CGL 2004901 Policy Number CGL 2004901 COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 3 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or faiing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 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 contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. iii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definiton of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 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 incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 2 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Hll Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 5 6 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity.. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required 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. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured. 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 information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit o b c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. 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 business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitlted to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 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 retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document.. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions 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 rec ords 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 c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums 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 consent except in the case of death of an individual named in sured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal repre sentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
Allianz Global Risks EXCLUSION ASBESTOS LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART IT IS AGREED THAT THIS POLICY DOES NOT APPLY TO 1. BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY ARISING OUT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST ANY OBLIGATION OF THE INSURED TO INDEMNIFY ANY PARTY BECAUSE OF DAMAGES ARISING OUT OF SUCH BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AS A RESULT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST OR ANY OBLIGATION TO DEFEND ANY SUIT OR CLAIM AGAINST THE INSURED ALLEGING BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AND SEEKING DAMAGES IF SUCH SUIT OR CLAIM ARISES FROM BODILY INJURY PROPERTY DAMAGE OR PERSONAL INJURY AS A RESULT OF THE MANUFACTURE OF MINING OF USE OF SALE OF INSTALLATION OF REMOVAL OF DISTRIBUTION OF OR EXPOSURE TO ASBESTOS ASBESTOS PRODUCTS ASBESTOS FIBERS OR ASBESTOS DUST. All other terms and conditions remain unchanged. AGR GL 5002 11 03 Page 1 of 1 | 2 |
Allianz Global Risks FUEL OXYGENATES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of water soluble or miscible liquids used or intended for use in gasoline or other petroleum products including but not limited to MTBE methy tertiary butyl ether. All other terms and conditions remain unchanged. AGR GL 5007 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION RAILROAD LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury out of the ownership or operation of any railroad. property damage or personal and advertising injury arising This exclusion applies only if you are in the business of operating a railroad. All other terms and conditions remain unchanged. AGR GL 5008 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number CGL 2004901 Effective Date January 01 2014 EXCLUSION ELECTROMAGNETIC RADIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal injury and advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices All other terms and conditions remain unchanged. AGR GL 5009 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which any thing described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR GL 5010 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION MINING OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any liability arising out of mining operations conducted at any location. All other terms and conditions remain unchanged. AGR GL 5011 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION OFFSHORE RISKS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. This insurance does not apply to a. Bodily injury property damage or personal and advertising injury arising out of the engineering manufacture construction delivery transport maintenance servicing operation disassembly or demolition of offshore risks b. Bodily injury property damage or personal and advertising injury arising out of 1 Your products that are a Specifically designed to be used in connection with offshore risks or b Sold or delivered to offshore risks with your knowledge or 2 Your work that involves the installation maintenance or servicing of any of your products described in Paragraph b.1 above c. Any obligation arising out of offshore risks for which the insured may be liable under the following United States laws and acts including any amendments thereto the Jones Act 46 USC 688 the Death on the High Seas ActAct March 30 1920 chapter 111 the United States Longshore and Harbor Workers Compensation Act 33 USC sections 901 950 the Outer Continental Shelf Lands Act 43 USC sections 1331 1356 or under any similar law or act of the United States of America or of any other country in the world or d. Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business in connection with offshore risks or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph d.1 above. Paragraph b. of this exclusion does not apply unless the gross annual sales from the described products and work exceed the lesser of 50000000 or 5 of the total annual sales of all insureds. Paragraph d. of this exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2. For the purposes of this exclusion offshore risks means any fixed or floating structures or any group of structures located off the coast anywhere in the world. Structures includes all associated components and equipment located in on or under water including but not limited to a. Fixed or mobile production facilities for the production of oil or gas b. Offshore drilling installations c. Offshore wind energy installations d. Underwater telecommunication or power lines and e. Underwater oil and gas pipes. All other terms and conditions remain unchanged. AGR GL 5012 11 03 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage personal and advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or expo sure to lead in any form or products containing lead. All other terms and conditions remain unchanged. AGR GL 5024 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PERSISTENT ORGANIC POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM This insurance does not apply to any injury damage liability loss cost or expense in whole or in part caused by resulting from arising out of or in any way related to polychlorinated biphenyl PCB Aldrin Chlordan DDT Di oxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene including but not limited to 1. The manufacture sale distribution handling use installation removal abatement containment storage emission release inhalation ingestion absorption or transmission of or exposure to polychlorinated bi phenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene 2. Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin En drin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene 3. Any request demand or order that any insured or others test for monitor clean up remove contain treat detoxify remediate neutralize or in any way respond to or assess the extent or the effects of polychlorinat ed biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexachlorbenzene Mirex and Toxaphene or 4. Any claim suit or proceeding for damages because of testing for monitoring cleaning up removing con taining treating detoxifying remediating neutralizing or in any way responding to or assessing the effects of polychlorinated biphenyl PCB Aldrin Chlordan DDT Dioxin Dieldrin Endrin Furan Heptachlor Hexa chlorbenzene Mirex and Toxaphene. All other terms and conditions remain unchanged. AGR GL 5031 12 05 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 CG 21471207 ISO Properties Inc. 2006 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or as sessing the effects of fungi or bacteria by any insured or by any other person or enti ty. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 217106 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirect ly out of an other act of terrorism that is commit ted outside of the United States including its terri tories and possessions and Puerto Rico but within the coverage territory. However this ex clusion applies only when one or more of the fol lowing are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will in clude all insured damage sustained by property of all persons and entities affected by the ter rorism and business interruption losses sus tained by owners or occupants of the damaged property. For the purpose of this provision in sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica tion of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. CG 217106 08 Insurance Services Office Inc. 2008 Page 1 of 2 m | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States re gardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infra structure 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 con duct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an indi vidual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise ex cluded under this Coverage Part.. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk In surance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terror ism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures es tablished by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2008 CG 217106 08 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21 96 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil ica or silica related dust b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing re mediating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Silica Or Silica Related Dust Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exist ence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing re mediating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. C. The following definitions are added to the Defil tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sili ca particles silica dust or silica compounds. 2. Silica related dust means a mixture or com bination of silica and other dust or particles. CG 21 96 03 05 ISO Properties Inc. 2004 Page 1 of 1 m | 2 |
IL 00 23 07 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 GENERAL LIABILITY COVERAGE PART FARM 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply C. Under any Liability Coverage to bodily injury A. Under any Liability Coverage to bodily injury or PmpeY damz ge resulting 9. hazard or property damage ous properties of nuclear material if 1 With respect to which an insured under Thgvnucear material a is at any nuclear the policy is also an insured under a nucle facility owngd by. or operated by or on be ar energy liability policy issued by Nuclear half of an insured or b has been dis Energy Liability Insurance Association Mu charged or dispersed therefrom tual Atomic Energy Liability Underwriters 2 The nuclear material is contained in Nuclear Insurance Association of Canada spent fuel or waste at any time pos or any of their successors or would be an sessed handled used processed stored insured under any such policy but for its transported or disposed of by or on behalf termination upon exhaustion of its limit of li of an insured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to of services materials parts or equipment in which a any person or organization is re connection with the planning construction quired to maintain financial protection pur maintenance operation or use of any nu suant to the Atomic Energy Act of 1954 or clear facility but if such facility is located any law amendatory thereof or b the in within the United States of America its terri sured is or had this policy not been issued tories or possessions or Canada this ex would be entitled to indemnity from the clusion 3 applies only to property dam United States of America or any agency age to such nuclear facility and any thereof under any agreement entered into property thereat. by the United States of America or any 2. As used in this endorsement agency thereof with any person or organi zgncny v P 9 Hazardous properties includes radioactive toxic B. Under any Medical Payments coverage to or explosive prcptmes.. o expenses incurred with respect to bodily inju Nuclear material means source material Spe ry resulting from the hazardous properties of cial nuclear material or by product material. nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. 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 property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. 3 IL 00 23 07 02 ISO Properties Inc. 2001 Page 1 of 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nucle ar facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the pro cessing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 23 07 02 o | 2 |
Allianz Global Risks Policy Number CGL 2004901 Effective Date January 01 2014 DEDUCTIBLE LIABILITY INSURANCE Per Occurrence This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A THE COMPANY S OBLIGATION TO PAY DAMAGES AND EXPENSES ON BEHALF OF THE INSURED UNDER THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED APPLIES ONLY TO DAMAGES AND EXPENSES IN EXCESS OF A DEDUCTIBLE AMOUNT OF 10000. PER OCCURRENCE. IT IS THE OBLIGATION OF THE INSURED TO PAY DAMAGES AND EXPENSES CONTAINED WITHIN THE DEDUCTIBLE HOWEVER B THE COMPANY MAY PAY ANY PART OF OR ALL OF THE DEDUCTIBLE AMOUNT TO EFFECT SETTLEMENT OF ANY CLAIM OR SUIT AND UPON NOTIFICATION OF THE ACTION TAKEN THE INSURED SHALL PROMPTLY REIMBURSE THE COMPANY FOR THAT PART OF THE DEDUCTIBLE AMOUNT WHICH HAS BEEN PAID BY THE COMPANY. C THE TERMS OF THE POLICY INCLUDING THOSE WITH RESPECT TO a THE COMPANY S RIGHTS AND DUTIES WITH RESPECT TO THE DEFENSE OF SUITS AND b THE INSURED S DUTIES IN THE EVENT OF AN OCCURRENCE APPLY IRRESPECTIVE OF THE APPLICATION OF THE DEDUCTIBLE AMOUNT. D THE DEDUCTIBLE AMOUNT APPLIES TO ALL DAMAGES AND EXPENSES BECAUSE OF ALL INJURY RESULTING FROM ONE OCCURRENCE REGARDLESS OF THE NUMBER OF PERSONS OR ORGANIZATIONS WHO SUSTAIN INJURY BECAUSE OF THAT OCCURRENCE. THE TERM DAMAGES WHEREVER USED IN THIS ENDORSEMENT SHALL MEAN ALL SUMS OTHER THAN EXPENSE WHICH THE INSURED IS LEGALLY OBLIGATED TO PAY AS THE RESULT OF AN OCCURRENCE TO WHICH THIS INSURANCE APPLIES. THE TERM EXPENSES WHEREVER USED IN THIS ENDORSEMENT SHALL MEAN SUPPLEMENTARY PAYMENTS AS DEFINED IN SECTION COVERAGES OF THE COMMERCIAL GENERAL LIABILITY COVERAGE FORM. THE LIMITS OF LIABILITY APPLICABLE TO EACH OCCURRENCE SHOWN IN THE DECLARATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED AND AS AMENDED OR SUPPLEMENTED BY ANY APPLICABLE COVERAGE PARTS OR ENDORSEMENTS INCLUDE THE DEDUCTIBLE AMOUNT. FURTHER THE LIMITS OF LIABILITY SHOWN IN THIS POLICY AS BEING APPLICABLE TO EACH OCCURRENCE FOR SUCH COVERAGES SHALL BE REDUCED BY THE TOTAL AMOUNT OF DAMAGES APPLICABLE TO EACH OCCURRENCE WHICH DAMAGES WOULD BE CONTAINED IN THE DEDUCTIBLE PER OCCURRENCE AMOUNT HAD EXPENSES NOT BEEN INCLUDED IN THE DEDUCTIBLE. AGR GL 3001 11 03 Page 1 of 2 | 2 |
Allianz Global Risks THE LIMITS OF LIABILITY APPLICABLE TO AN AGGREGATE AS SHOWN IN THE DECLARATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED AND AS AMENDED OR SUPPLEMENTED BY ANY APPLICABLE COVERAGE PARTS OR ENDORSEMENTS SHALL BE REDUCED ONLY BY THE AMOUNT OF DAMAGES CONTAINED WITHIN THE PER OCCURRENCE POLICY LIMITS APPLICABLE TO EACH OCCURRENCE WHICH DAMAGES WOULD BE EXCESS OF THE DEDUCTIBLE PER OCCURRENCE AMOUNT HAD EXPENSES NOT BEEN INCLUDED IN THE DEDUCTIBLE. ANY EXPENSES INCURRED AS THE RESULT OF ANY OCCURRENCE TO WHICH THIS INSURANCE APPLIES SHALL BE APPORTIONED BETWEEN THE INSURED AND THE COMPANY AS FOLLOWS A IF THE AMOUNT OF THE JUDGMENT OR SETTLEMENT DOES NOT EXCEED THE DEDUCTIBLE AMOUNT THE EXPENSE PORTION OF THE TOTAL JUDGMENT OR SETTLEMENT INCURRED IN CONNECTION WITH THE OCCURRENCE SHALL BE ADDED TO THE DAMAGES AMOUNT OF THE JUDGMENT OR SETTLEMENT UNTIL THE DEDUCTIBLE AMOUNT IS EQUALED. B IF A CLAIM OR SUIT IS SETTLED WITHOUT PAYMENT OF DAMAGES THE EXPENSES INCURRED IN CONNECTION THEREWITH SHALL BE BORNE SOLELY BY THE INSURED UP TO THE DEDUCTIBLE AMOUNT. All other terms and conditions remain unchanged. AGR GL 3001 11 03 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number CGL 2004901 Effective Date January 01 2014 AMENDMENT COVERAGE B PERSONAL AND ADVERTISING INJURY AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART TO THE LIMIT OF INSURANCE SHOWN IN THE DECLARATIONS AN ANNUAL AGGREGATE LIMIT OF 1000000. FOR COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY HAS BEEN ADDED. SECTION IIl LIMITS OF INSURANCE IS AMENDED AS FOLLOWS 1. PARAGRAPH 4.a. IS ADDED AND READS AS FOLLOWS 4.a. SUBJECT TO 2. ABOVE THE PERSONAL AND ADVERTISING INJURY LIABILITY AGGREGATE LIMIT IS THE MOST WE WILL PAY UNDER COVERAGE B FOR THE SUM OF ALL DAMAGES BECAUSE OF ALL PERSONAL INJURY AND ALL ADVERTISING INJURY. All other terms and conditions remain unchanged. AGR GL 3003 11 03 Page 1 of 1 | 2 |
Allianz Global Risks AMENDMENT SUPPLEMENTARY PAYMENTS WITHIN LIMITS OF INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PARAGRAPHS 1.A.1 AND 1.A.2 OF SECTION COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY AND OF SECTION COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY ARE HEREBY DELETED AND REPLACED BY THE FOLLOWING 1.A1 THE AMOUNT WE WILL PAY FOR SUPPLEMENTARY PAYMENTS AND OR DAMAGES IS LIMITED AS DESCRIBED IN SECTION Ill LIMITS OF INSURANCE AND 1.A2 OUR RIGHT AND DUTY TO DEFEND ENDS WHEN WE HAVE USED UP THE APPLICABLE LIMIT OF INSURANCE FOR SUPPLEMENTARY PAYMENTS AND OR IN THE PAYMENT OF JUDGMENTS OR SETTLEMENTS UNDER COVERAGES A OR B OR MEDICAL EXPENSES UNDER COVERAGE C. THE LAST SENTENCE OF PARAGRAPH 1. OF SECTION SUPPLEMENTARY PAYMENTS COVERAGES A AND B IS HEREBY DELETED AND REPLACED BY THE FOLLOWING THESE PAYMENTS WILL REDUCE THE LIMITS OF INSURANCE. THE LAST TWO PARAGRAPHS OF PARAGRAPH 2. OF SECTION SUPPLEMENTARY PAYMENTS COVERAGES A AND B ARE HEREBY DELETED AND REPLACED BY THE FOLLOWING SO LONG AS THE ABOVE CONDITIONS ARE MET ATTORNEYS FEES INCURRED BY US IN THE DEFENSE OF THAT INDEMNITEE NECESSARY LITIGATION EXPENSES INCURRED BY US AND NECESSARY LITIGATION EXPENSES INCURRED BY THE INDEMNITEE AT OUR REQUEST WILL BE PAID AS SUPPLEMENTARY PAYMENTS. OUR OBLIGATION TO DEFEND AN INSURED S INDEMNITEE AND TO PAY FOR ATTORNEYS FEES AND NECESSARY LITIGATION EXPENSES AS SUPPLEMENTARY PAYMENTS ENDS WHEN A. WE HAVE USED UP THE APPLICABLE LIMIT OF INSURANCE FOR SUPPLEMENTARY PAYMENTS AND OR IN THE PAYMENT OF JUDGMENTS OR SETTLEMENTS OR B. THE CONDITIONS SET FORTH ABOVE OR THE TERMS OF THE AGREEMENT DESCRIBED IN PARAGRAPH F. ABOVE ARE NO LONGER MET. AGR GL 3004 11 03 Page 1 of 2 | 2 |
Allianz Global Risks PARAGRAPHS 2. THROUGH 6. OF SECTION Il LIMITS OF INSURANCE ARE HEREBY DELETED AND REPLACED BY THE FOLLOWING 2. THE GENERAL AGGREGATE LIMIT IS THE MOST WE WILL PAY FOR THE SUM OF A. MEDICAL EXPENSES UNDER COVERAGE C B. SUPPLEMENTARY PAYMENTS AND OR DAMAGES UNDER COVERAGE A EXCEPT SUPPLEMENTARY PAYMENTS AND DAMAGES BECAUSE OF BODILY INJURY AND PROPERTY DAMAGE INCLUDED IN THE PRODUCTS COMPLETED OPERATIONS HAZARD AND C. SUPPLEMENTARY PAYMENTS AND OR DAMAGES UNDER COVERAGE B. THE PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT IS THE MOST WE WILL PAY UNDER COVERAGE A FOR THE SUM OF ALL SUPPLEMENTARY PAYMENTS AND OR DAMAGES BECAUSE OF BODILY INJURY AND PROPERTY DAMAGE INCLUDED IN THE PRODUCTS COMPLETED OPERATIONS HAZARD. SUBJECT TO 2. ABOVE THE PERSONAL AND ADVERTISING INJURY LIMIT IS THE MOST WE WILL PAY UNDER COVERAGE B FOR THE SUM OF ALL SUPPLEMENTARY PAYMENTS AND OR DAMAGES BECAUSE OF ALL PERSONAL AND ADVERTISING INJURY SUSTAINED BY ANY ONE PERSON OR ORGANIZATION. SUBJECT TO 2. OR 3. ABOVE WHICHEVER APPLIES THE EACH OCCURRENCE LIMIT IS THE MOST WE WILL PAY FOR THE SUM OF A. SUPPLEMENTARY PAYMENTS AND OR DAMAGES UNDER COVERAGE A AND B. MEDICAL EXPENSES UNDER COVERAGE C BECAUSE OF ALL BODILY INJURY AND PROPERTY DAMAGE ARISING OUT OF ANY ONE OCCURRENCE. SUBJECT TO 5. ABOVE THE DAMAGE TO PREMISES RENTED TO YOU LIMIT IS THE MOST WE WILL PAY UNDER COVERAGE A FOR THE SUM OF ALL SUPPLEMENTARY PAYMENTS AND OR DAMAGES BECAUSE OF PROPERTY DAMAGE TO ANY ONE PREMISES WHILE RENTED TO YOU OR IN THE CASE OF DAMAGE BY FIRE WHILE RENTED TO YOU OR TEMPORARILY OCCUPIED BY YOU WITH PERMISSION OF THE OWNER. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. AGR GL 3004 11 03 Page 2 of 2 | 2 |
Allianz Global Risks ADDITIONAL CONDITION UNDISCLOSED EXPOSURES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART YOUR UNINTENTIONAL FAILURE TO DISCLOSE ALL EXPOSURES EXISTING ON THE EFFECTIVE DATE OF THIS POLICY FOR WHICH COVERAGE MAY EXIST SHALL NOT BE A REASON BY ITSELF FOR US TO DENY COVERAGE. All other terms and conditions remain unchanged. AGR GL 4503 11 04 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number CGL 2004901 Effective Date January 01 2014 Economic or Trade Sanctions Endorsement This endorsement modifies the following INTERNATIONAL COMMON POLICY CONDITIONS The following condition is added. CONDITION G. Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. All other terms and conditions remain unchanged. AGRG IL 5001 07 08 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number CGL 2004901 Effective Date January 01 2014 ADDITIONAL INSURED WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following Commercial General Liability Coverage Part A. Section Il Who is an Insured is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement in effect during this policy period and executed prior to the occurrence of the injury or damage but only to the extent required by the terms and conditions of such written contract or written agreement. B. The insurance provided to the above described additional insured under this endorsement is limited as follows 1. The person or organization is only an additional insured with respect to liability arising out of ongoing operations performed by you or on your behalf. 2. In the event that the Limits of Insurance provided by this policy exceed the Limits of Insurance required by the written contract or written agreement the insurance provided by this endorsement shall be limited to the Limits of Insurance required by the written contract or written agreement. This endorsement shall not increase the Limits of Insurance shown in the Declarations pertaining to the coverage provided herein. 3. The insurance provided to such an additional insured does not apply to bodily injury property damage or personal and advertising injury arising out of an architect s engineer s or surveyor s rendering of or failure to render any professional services including but not limited to a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b Supervisory inspection architectural or engineering activities. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary excess contingent or on any other basis unless the written contract specifically requires that this insurance apply on a primary or non contributory basis. All other terms and conditions remain unchanged. AGRL CG 6001 04 10 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Each Employee Coverage Limit Of Insurance Deductible Premium Employee Benefits 1000000 each employee 1000 Included Programs 1000000 aggregate M nelude Retroactive Date January 01 2008 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured No other obligation or liability to pay sums or perform acts or services is covered un less explicitly provided for under Supple mentary Payments. b. This insurance applies to damages only if becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable 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 dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section lll 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. 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement.. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 3 CG 04351207 ISO Properties Inc. 2006 Page1of6 0O | 2 |
2 When we make settlement in accord ance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured.. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal repre sentative is appointed. Page 2 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies 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 poli cy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ployee including damages sustained by such employee s dependents and benefi ciaries as a result of 1 An act error or omission or 2 A series of related acts errors or omis sions negligently committed in the administra tion of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless 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 Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and CG 04351207 ISO Properties Inc. 2006 Page3o0f6 0O | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent.. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Par agraph b. below applies. If this insurance is primary our obligations are not affected un less any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Par agraph c. below. 2 3 4 b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 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 the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. Page 4 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extend ed Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damag es and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the D ions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Page50f6 0O | 2 |
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 health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s el igibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disa bility benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Def tions Section are replaced by the following 5. 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 ISO Properties Inc. 2006 CGo04351207 O | 2 |
ADDITIONAL INSURED CONTROLLING INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organizations Devanlay SA Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to their liability arising out of 1. Their financial control of you or 2. Premises they own maintain or control while you lease or occupy these premises. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. | 2 |
POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG 20110413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designation Of Premises Part Leased To You That particular Real Property or that Part of Premises leased to You. Name Of Persons Or Organizations Additional Insured Any manager or lessor with whom you have agreed in writing that such manager or lessor should be an additional insured on your policy. Additional Premium Included Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the persons or organizations shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. ave agreed in writing that such manzaer or lessor should be an additional insured on your policy. CG 20110413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG20150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor Your Products All Vendors of your products. All of your products. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations referred to throughout this endorsement as vendor shown in the Schedule but only with respect to bodily injury or property damage arising out of your products shown in the Schedule which are distributed or sold in the regular course of the vendor s business. However 1. The insurance afforded to such vendor only applies to the extent permitted by law and 2. If coverage provided to the vendor is required by a contract or agreement the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. B. With respect to the insurance afforded to these vendors the following additional exclusions apply 1. The insurance afforded the vendor does not apply to a. Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you c. Any physical or chemical change in the product made intentionally by the vendor d. Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container CG 20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the wusual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG201504 13 | 2 |
POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG 20260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Those required by Written Contract for Conventions and Trade Shows Only Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1. In the performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 10se required by Written Contract for Conventions and Trade Shows Only CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
Policy Number CGL 2004901 Policy Number CGL 2004901 COMMERCIAL GENERAL LIABILITY CG20340413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT AUTOMATIC STATUS WHEN REQUIRED IN LEASE AGREEMENT WITH YOU This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends.. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires.. With respect to the insurance afforded to these additional insureds the following is added to Section Il 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 you have entered into with the additional insured 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. CG 20340413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG20360413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED GRANTOR OF LICENSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organizations Lacoste Group Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to their liability as grantor of a license to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. acoste Group CG 20360413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
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