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POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization agreement. Any person or organization if you have agreed to waive your right of recovery under a written contract or Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. organization if you have agreed to waive your right of recovery under a written contract or CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 m | 2 |
POLICY NUMBER CGL 2004901 POLICY NUMBER CGL 2004901 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations 541 Broadway New York NY 10012 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or suits brought or obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated loca tion shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damag es because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Loca tion General Aggregate Limit for that desig nated location. Such payments shall not re duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre gate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Decla rations such limits will be subject to the appli cable Designated Location General Aggre gate Limit. 11 Broadway ew York NY 10012 CG 25 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occur rences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be at tributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Desig nated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is pro vided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Ag gregate Limit and not reduce the General Ag gregate Limit nor the Designated Location Gen eral Aggregate Limit. D. For the purposes of this endorsement the Defi nitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insur ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 25 04 05 09 o | 2 |
Allianz Global Risks Policy Number CGL 2004901 Effective Date January 01 2014 NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Named Insured as shown in the Declarations is completed to read as follows Devanlay US Inc. DLR Club Inc. Devanlay Retail Group Inc. Gant USA All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FOR BRAIN AND NERVOUS SYSTEM RELATED DISEASES This insurance does not apply to any claim or suit or order by any administrative or regulatory body or court arising out of resulting from caused by contributed to or concerning a. Diseases known as Spongiform Encephalopathy and any mutations or variations or derivatives thereof including but not limited to Bovine Spongiform Encephalopathy BSE Transmissible Spongiform Encephalopathy Mad Cow Scrapie Transmissible Mink Encephalopathy TME Chronic Wasting Disease CWD Creutzfeld Jakob Disease CJD Gerstmann Straussler Scheinker Syndrome GSS Kuru Fatal Familial Insomnia FFI. Exposure to the diseases of a. above. Exposure to any pathogen including but not limited to virus bacteria mold fungus prion or other that is known or suspected to cause the diseases of a. above. Any feed or feed additive including in particular animal feed pasture or range or any premises or equipment including but not limited to stockyard pen barn or other area in which animals are contained slaughterhouse or processing plant alleged to have contained the diseases of a. above or any pathogen that is known or suspected to cause the diseases of a. above. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with or treatment or prevention of the diseases of a. above or any pathogen that is known or suspected to cause the diseases of a. above Any testing for treatment for or prevention of the diseases of a. above or any pathogen that is known or suspected to cause the diseases of a. above. The abatement mitigation recall testing treatment removal disposal clean up quarantine or prevention or costs associated therewith of or for any animal feed or feed additive pasture or range or any premises or equipment alleged to have contained the diseases of a. above or any pathogen that is known or suspected to cause the diseases of a. above. All other terms and conditions remain unchanged. AGR IL M002 11 03 Page 1 of 1 | 2 |
Allianz Global Risks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FORMALDEHYDE EXCLUSION This insurance does not apply to any liability arising in whole or in part out of or in any way related to Formaldehyde. As used in this exclusion the term Formaldehyde includes but is not limited to formaldehyde formaldehyde products and formaldehyde contained in any products or materials. All other terms and conditions remain unchanged. AGR IL M002 11 03 Page 1 of 1 | 2 |
Allianz Global Risks THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIRUS COMPUTER DATA EXCLUSION This insurance does not apply to any liability arising out of Erasure destruction corruption misappropriation misinterpretation of data Erroneously creating amending entering deleting or using data including any loss of use arising therefrom The distribution or display of data by means of an Internet Website the Internet and Intranet or similar device or system designed or intended for electronic communication of data. For the purposes of this exclusion data means representations of information or concepts in any form. All other terms and conditions remain unchanged. AGR IL M002 11 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01630711 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES COMMERCIAL GENERAL LIABILITY COVERAGE FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1. Insuring Agreement of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 1. Insuring Agreement 3 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 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 even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend 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 bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 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 I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 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 I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 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 I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 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 I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or CG 016307 11 Insurance Services Office Inc. 2010 Page 1 of 3 m | 2 |
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. B. Paragraph 1.a. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 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 even if the allegations of the suit are groundless false or fraudulent. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A and 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. C. The following is added as Paragraph e. to the Duties In The Event Of Occurrence Offense Claim Or Suit Condition Paragraph 2. of Section IV Commercial General Liability Conditions e. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. D. Paragraph 3. of Section IV Commercial General Liability Conditions is replaced by the following 3. Legal Action Against Us a. Except as provided in Paragraph b. no person or organization has a right under this Coverage Part 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 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. b. With respect to bodily injury and personal and advertising injury claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. Page 2 0f 3 Insurance Services Office Inc. 2010 CG 016307 11 o | 2 |
E. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as required under this Coverage Part shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. F. The definition of loading or unloading in the Definitions Section does not apply. CG 016307 11 Insurance Services Office Inc. 2010 Page 3 of 3 m | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Condition is added to COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Transfer of Duties When a Limit of Insurance Is Used Up. a. If we conclude that based on occurrences of fenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit other than the Prod ucts Completed Operations Aggregate Limit Products Completed Operations Aggregate Limit 3 Personal and Advertising Injury Limit 4 Each Occurrence Limit or 5 Fire Damage Limit is likely to be used up in the payment of judgments or settlements we will notify the first Named In sured in writing to that effect. b. When a limit of insurance described in paragraph a. above has actually been used up in the pay ment of judgments or settlements 1 We will notify the first Named Insured in writ ing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. 2 We agree to take such steps as we deem ap propriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. The first Named Insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to be tween the appropriate insured and us. Absent any such agreement arrangements for the de fense of such suit must be made as soon as practicable. c. The first Named Insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph b.2 above. The duty of the first Named Insured to reimburse us will begin on 1 The date on which the applicable limit of insur ance is used up if we sent notice in accord ance with paragraph a. above or 2 The date on which we sent notice in accord ance with paragraph b.1 above if we did not send notice in accordance with paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements and the re sulting end of our duty to defend will not be af fected by our failure to comply with any of the pro visions of this Condition. 3 CG 26211091 Copyright Insurance Services Office Inc. 1991 Page 1 of 1 m | 2 |
IL 0268 01 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 1. 2. 3. and 5. of the Cancellation Common Policy Condition are replaced by the following 1. The first Named Insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies In Effect a. 60 Days Or Less We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.a.2 below. 2 15 days before the effective date of cancellation if we cancel for any of the following reasons a Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim b c d After issuance of the policy or after e the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and that occurred subsequent to inception of the current policy period Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy that results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy that causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public IL 02 68 01 11 Insurance Services Office Inc. 2010 Page 1 of 5 m | 2 |
9 A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code or Where we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason you may make a written request to the Insurance Department within 10 days of receipt of this notice to review our cancellation decision. Also we will simultaneously send a copy of this cancellation notice to the Insurance Department. b. For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed in Paragraph A.2.a.2 above provided 1 We mail the first Named Insured written notice at least 15 days before the effective date of cancellation and 2 If we cancel for nonpayment of premium our notice of cancellation informs the first Named Insured of the amount due. 3. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and to the authorized agent or broker. 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. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. h B. The following is added to the Cancellation Common Policy Condition 7. If one of the reasons for cancellation in Paragraph A.2.a.2 or D.2.b.2 exists we may cancel this entire policy even if the reason for cancellation pertains only to a new coverage or endorsement initially effective subsequent to the original issuance of this policy. C. The following conditions are added 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph C.3. below. 2. Conditional Renewal If we conditionally renew this policy subject to a. A change of limits. A change in type of coverage. A reduction of coverage. Anincreased deductible. An addition of exclusion or. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating loss rating retrospective rating or audit we will send notice as provided in Paragraph C.3. below. 3. Notices Of Nonrenewal And Conditional Renewal 0o Q200 a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs C.1. and C.2. above we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 The expiration date or 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. Page 2 of 5 Insurance Services Office Inc. 2010 IL 0268 01 11 m | 2 |
c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph C.3.a. b. or c. above by sending the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured during this 60 day period has replaced the coverage or elects to cancel 2 And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first Named Insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period unless Subparagraph 2 below applies or Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. f. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. 2 D. The following provisions apply when the Commercial Property Coverage Part the Farm Coverage Part or the Capital Assets Program Output Policy Coverage Part is made a part of this policy 1. Items D.2. and D.3. apply if this policy meets the following conditions a. The policy is issued or issued for delivery in New York State covering property located in this state and b. The policy insures 1 For loss of or damage to structures other than hotels or motels used predominantly for residential purposes and consisting of no more than four dwelling units or 2 For loss of or damage to personal property other than farm personal property or business property or 3 Against damages arising from liability for loss of damage to or injury to persons or property except liability arising from business or farming and c. The portion of the annual premium attributable to the property and contingencies described in 1.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Procedure And Reasons For Cancellation a. We may cancel this entire policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due or 2 30 days before the effective date of cancellation if we cancel for any other reason. b. But if this policy 1 Has been in effect for more than 60 days or IL 02 68 01 11 Insurance Services Office Inc. 2010 Page 3 of 5 m | 2 |
2 Is arenewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due Conviction of a crime arising out of acts increasing the risk of loss Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim Discovery of willful or reckless acts or omissions increasing the risk of loss Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we a Issued the policy or b Last voluntarily renewed the policy 6 The Superintendent of Insurance s determination that continuing the policy would violate Chapter 28 of the Insurance Law or Required pursuant to a determination by the Superintendent of Insurance that the continuation of our present premium volume would be hazardous to the interests of our policyholders our creditors or the public. 3. The following are added a. Conditional Continuation Instead of cancelling this policy we may continue it on the condition that 1 The policy limits be changed or 2 Any coverage not required by law be eliminated. If this policy is conditionally continued we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. 2 3 4 5 b. Nonrenewal If as allowed by the laws of New York State we 1 Do not renew this policy or 2 Condition policy renewal upon a Change of limits or b Elimination of coverage we will mail or deliver written notice of nonrenewal or conditional renewal a Atleast 45 days but b Not more than 60 days before the expiration date of the policy. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. E. The following is added to the Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions the Commercial Property Coverage Part and the Capital Assets Program Output Policy Coverage Part When the property is subject to the Anti arson Application in accordance with New York Insurance Department Regulation No. 96 the following provisions are added If you fail to return the completed signed and affirmed anti arson application to us 1. Or our broker or agent within 45 days of the effective date of a new policy we will cancel the entire policy by giving 20 days written notice to you and to the mortgageholder shown in the Declarations. 2. Before the expiration date of any policy we will cancel the policy by giving written notice to you and to the mortgageholder shown in the Declarations at least 15 days before the effective date of cancellation. The cancellation provisions set forth in E.1. and E.2. above supersede any contrary provisions in this policy including this endorsement. If the notice in E.1. or E.2. above is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. Page 4 of 5 Insurance Services Office Inc. 2010 IL 0268 01 11 m | 2 |
F. The following applies to the Commercial Property Coverage Part the Farm Coverage Part and the Capital Assets Program Output Policy Coverage Part Paragraphs f. and g. of the Mortgageholders Condition are replaced by the following f. Cancellation 1 If we cancel this policy we will give written notice to the mortgageholder at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for any other reason. 2 If you cancel this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only cancellation will become effective on the later of a The effective date of cancellation of the insured s coverage or b 10 days after we give notice to the mortgageholder. g. Nonrenewal 1 If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 2 If you elect not to renew this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only nonrenewal will become effective on the later of a The expiration date of the policy or b 10 days after we give notice to the mortgageholder. G. The following provisions apply when the following are made a part of this policy Commercial General Liability Coverage Part Employment Related Practices Liability Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part 1. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph C.3.d. above. 2. The last sentence of Limits Of Insurance does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. IL 02 68 01 11 Insurance Services Office Inc. 2010 Page 5 of 5 m | 2 |
103 GL 0010261 06 IL P 001 0104 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 Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treas ury 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. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
103 GL 0010261 06 Notice of Insurance Information Practices Argo Group US Inc. and each of its subsidiaries Argo Group recognizes the importance of maintaining the privacy of our customers and their personal information. We take seriously the responsibility that accompanies our collection and use of your personal information. Argo Group protects the privacy and security of our customers and their personal information as required by applicable privacy and security laws. This Notice of Insurance Information Practices Insurance Privacy Notice provides notice of our information practices to all applicants policyholders and where applicable claimants in connection with our insurance transactions. It supplements the privacy and security provisions contained in Argo Group s Global Privacy Notice which is located at www.argolimited.comprivacypolicy. This Insurance Privacy Notice applies to all companies and business produced or underwritten within Argo Group and complies with the requirements of the Gramm Leach Bliley Act GLBA and any federal and state privacy and security laws and regulations applicable to insurance transactions. You are receiving this Insurance Privacy Notice with respect to your relationship with Argo Group and one or more of the subsidiaries listed below. Information Collection and Use To conveniently and effectively provide and senvice the insurance products we sell we may collect and use your personal information including information that may be considered nonpublic personal information under applicable privacy and security laws. This personal information may include identifiers financial and insurance underwriting information financial and account information and information considered protected classifications under applicable privacy and security laws. More information on the specific personal information we may collect and how we might use it is available in our Global Privacy Notice referenced above. Information Sharing and Disclosure Applicable laws impose certain obligations upon third parties and organizations with which we share personal information. Accordingly we prohibit the unauthorized disclosure of personal information except as legally required or permitted. Argo Group does not rent sell or share your personal information with nonaffiliated third parties except that Argo Group may share personal information with nonaffiliated third parties to the extent necessary in furtherance of the applicable insurance transaction including third party contractors. These third parties are prohibited from using the information for purposes other than performing services for Argo Group. Argo Group may disclose your information to third parties when obligated to do so by law and to investigate prevent or act regarding suspected or actual prohibited activities including but not limited to fraud and situations involving the security of our operations and employees. In certain instances you may share your information with a third party directly and that information may be subject to that party s applicable security and privacy policies. Finally Argo Group may transfer your personal information to a successor entity in connection with a corporate merger consolidation sale of all or a portion of its assets bankruptcy or other corporate change. Security We implement technical and organizational security measures designed to secure and protect personal information. Please note however we can not fully eliminate security risks associated with the storage and transmission of personal information. To protect the confidentiality and integrity of your personal information we limit access to personal information by only allowing authorized personnel to have access to such information. We maintain physical electronic and procedural security protections to safeguard the nonpublic personal information in our records. Documents that contain an individual s personal information are appropriately destroyed or deleted before disposal Argo Group maintains security measures to protect the loss misuse and alteration of the information under our control. Our hardware infrastructure is housed in a controlled access facility that restricts access to authorized individuals. The network infrastructure is protected by a firewall and traffic is monitored and logged on the firewall and servers. Sensitive administrative activities are carried out over secure encrypted links between our offices and hosting PrivacyNotice0820 Page 1 of 2 | 2 |
103 GL 0010261 06 facility. Administrative access is limited to authorized employees including specific remote administration protocols and IP addresses. All employees with access to personal information have been advised of Argo Group s security policies and practices and receive regular training regarding these policies and practices. Any Argo Group employee who becomes aware of the inappropriate use or disclosure of your nonpublic personal information is expected and required to immediately report such behavior to Argo Group s Data Protection Officer. Contact Us If you have any questions about this Insurance Privacy Notice our Global Privacy Notice or our privacy and security practices please contact Data Protection Officer privacy argogroupus.com Argo Group International Holdings Ltd. P.O. Box 469011 San Antonio TX 78246 800 470 7958 Note Argo Group is the parent of Argonaut Insurance Company Argonaut Midwest Insurance Company Argonaut Great Central Insurance Company ARIS Title Insurance Corporation Colony Insurance Company Colony Specialty Insurance Company Peleus Insurance Company Rockwood Casualty Insurance Company Somerset Casualty Insurance Company Central Insurance Management Inc. Alteris Insurance Senices Inc. Trident Insurance Senvices LLC and Argonaut Management Senvices Inc. This Privacy Policy applies to all companies and business produced or underwritten within Argo Group. PrivacyNotice0820 Page 2 of 2 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT If service of process is to be made upon the Company by way of hand delivery or courier service delivery should be made to the Company s principal place of business Claims Manager Colony Insurance Company Colony Specialty Insurance Company or Peleus Insurance Company 8720 Stony Point Parkway Suite 400 Richmond Virginia 23235 If service of process is to be made upon the Company by way of the U.S. Postal Service the following mailing address should be used General Counsel Colony Insurance Company Colony Specialty Insurance Company or Peleus Insurance Company P.O. Box 469011 San Antonio Texas 78246 Where required by statute regulation or other regulatory directive the Company appoints the Commissioner of Insurance or other designee specified for that purpose as its attorney for acceptance of service of all legal process in the state in any action or proceeding arising out of this insurance. The Commissioner or other designee is requested to forward process to the Company as shown above or if required in his her particular state to a designated resident agent for service of process. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U094 0415 Page 1 of 1 | 2 |
103 GL 0010261 06 SIGNATURE PAGE IN WITNESS WHEREOF the company issuing this policy has caused this policy to be signed by its President and its Secretary and countersigned if required on the Declarations page by a duly authorized representative of the company. This endorsement is executed by the company stated in the Declarations. Colony Insurance Company Lt Secretary President SIGCIC 0817 Argo Group Page 1of 1 | 2 |
103 GL 0010261 06 COMMON POLICY DECLARATIONS COLONY INSURANCE COMPANY POLICY NUMBER 103 GL 0010261 06 8720 STONY POINT PARKWAY SUITE 400 RICHMOND VA 23235 RENEWAL OF 103 GL 0010261 05 Operating Unit Industrial Casualty NAMED INSURED AND MAILING ADDRESS Strobel Manufacturing Inc. PO Box 237 Clarks NE 68628 0237 PRODUCER 0010247 RSG Specialty LLC DAL PARK CENTRAL 12404 Park Central Drive Suite 380 Dallas TX 75251 2. POLICY PERIOD From 07012021 to 07012022 1201 A.M. Standard Time at your Mailing Address above. INRETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL OF THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY 3. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. COVERAGE PARTS PREMIUM Commercial General Liability Coverage Form 19234.00 4. Premium charge for coverage of certified acts of terrorism Per Terrorism Policyholder Disclosure attached. or Coverage for certified acts of terrorism has been rejected exclusion attached. X Per Terrorism Policyholder Disclosure attached. Premium shown is payable at inception Total Policy Premium 19234.00 Inspection Fee 200.00 Policy Fee 0.00 FORMS APPLICABLE TO ALL COVERAGES 19234.00 200.00 0.00 Premium shown is payable at inception Folicy Fee 0.00 4. FORMS APPLICABLE TO ALL COVERAGES See Form U001 Schedule of Forms and Endorsements 5. BUSINESS DESCRIPTION Agricultural Manufacturing Countersigned By Date o Authorized representative This policy is issued by a non admitted insurer and in the event of the insolvency of such insurer this policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association RSG Specialty LLC Nebraska License 100187854 180 N. Stetson Avenue Suite 4600 Chicago IL 60601 DCJ6550 0117 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. DCJ6550 0117 Page 1 of 1 | 2 |
103 GL 0010261 06 U001 1004 Insured Strobel Manufacturing Inc. U001 10 Policy Number 103 GL 0010261 06 SCHEDULE OF FORMS AND ENDORSEMENTS Forms and Endorsements applying to and made part of this policy at the time of issuance NUMBER TITLE ILP001 0104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS PRIVACYNOTICE0820 NOTICE OF INSURANCE INFORMATION PRACTICES U094 0415 SERVICE OF SUIT SIGCIC0817 SIGNATURE PAGE DCJ6550 0117 COMMON POLICY DECLARATIONS U001 1004 SCHEDULE OF FORMS AND ENDORSEMENTS DCJ6553 0702 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS CG0001 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG0435 1207 EMPLOYEE BENEFITS LIABILITY COVERAGE 1L001 98 COMMON POLICY CONDITIONS U416 0310 INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE U417 1105 FELLOW EMPLOYEE COVERAGE EXTENSION UB51A1014 IDENTITY RECOVERY COVERAGE UB56A0710 AMENDMENT EXPANDED COVERAGE TERRITORY FOR YOUR PRODUCTS UCG2175 0121 TERRORISM EXCLUSION CG2015 0413 ADDITIONAL INSURED VENDORS CG2026 0413 ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION CG2026 0413 ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION CG2109 0615 EXCLUSION UNMANNED AIRCRAFT CG2133 1185 EXCLUSION DESIGNATED PRODUCTS CG2167 1204 FUNGI OR BACTERIA EXCLUSION CG2196 0305 SILICA OR SILICA RELATED DUST EXCLUSION CG2404 0509 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG2426 0413 AMENDMENT OF INSURED CONTRACT DEFINITION 1L0021 0908 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM U002A0916 MINIMUM EARNED PREMIUM U009 0310 AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION U018 0520 EXCLUSION COMMUNICABLE DISEASE VIRUS OR BACTERIA U048 0310 EMPLOYMENT RELATED PRACTICES EXCLUSION U070AS0512 DEDUCTIBLE LIABILITY INSURANCE U1010 0819 EXCLUSION CYBER INJURY ELECTRONIC DATA AND CONFIDENTIAL OR PERSONAL INFORMATION U173AS0708 CANCELLATION U184 0702 INSPECTION U258 0310 KNOWLEDGE OF OCCURRENCE U265 0116 EXCLUSION PROFESSIONAL SERVICES U266 0510 EXCLUSION USLH JONES ACT OR OTHER MARITIME LAWS U267A0813 CROSS SUITS EXCLUSION U403 0707 AMENDMENT BODILY INJURY REDEFINED U407 0116 PRIMARY AND NON CONTRIBUTORY OTHER INSURANCE CONDITION DESIGNATED ENTITY U428 0707 UNINTENTIONAL ERRORS OR OMISSIONS U466 0212 EXCLUSION LEAD U467 0212 EXCLUSION ASBESTOS U489 0213 NAMED INSURED ENDORSEMENT U582 0708 EXCLUSION LATEX U640 0410 EXCLUSION UREA FORMALDEHYDE Page 1 0f 2 | 2 |
103 GL 0010261 06 U001 1004 NUMBER U650 0116 U730 0212 U895 1213 U985 0916 TITLE EXCLUSION DESIGNATED ONGOING OPERATIONS AND PRODUCTS COMPLETED OPERATIONS HAZARD EXCLUSION BENZENE TOTAL POLLUTION EXCLUSION WITH SELECTED EXCEPTIONS PREMIUM AND AUDIT Page 2 of 2 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS This coverage part consists of this Declarations form the Common Policy Conditions the Commercial General Liability Coverage Form and the endorsements indicated as applicable. POLICY NO. 103 GL 0010261 06 NAMED INSURED Strobel Manufacturing Inc. LIMITS OF INSURANCE General Aggregate Limit Other Than Products Completed Operations Products Completed Operations Aggregate Limit Personal Advertising Injury Limit Each Occurrence Limit Damage To Premises Rented To You Limit Medical Expense Limit 2000000 2000000 1000000 1000000 300000 Any One Premises 5000 Any One Person RETROACTIVE DATE CG 00 02 only Coverage A of this insurance does not apply to bodily injury or property damage which occurs before Retroactive Date if any shown below. Retroactive Date Enter Date or None if no Retroactive Date Applies Location of All Premises You Own Rent or Occupy Same as Item 1 unless shown below Al locations on file with Company ADVANCE PREMIUM CLASSIFICATION CODE NO. EXPOSURE BASIS RATE PR CO ALL OTHER Machinery or Machinery 56651 Gross Sales 4300000 4.44 Included 19109.00 Parts Mfg. farm type Employee Benefits Included Included Liability Identity Recovery Flat 125.00 Coverage Fully Earned Pollution Liability Included Included FORMS ENDORSEMENTS APPLICABLE TOTAL PREMIUM SEE FORM U001 SCHEDULE OF FORMS AND ENDORSEMENTS FOR THIS 19234.00 COVERAGE PART FORM OF BUSINESS Corporation Audit Period Annual unless otherwise stated tions Aggregate Limit jury Limit nted To You Limit P A A 19234.00 DCJ6553 07 02 Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1984 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 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 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 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. 3 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
103 GL 0010261 06 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 |
103 GL 0010261 06 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 At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 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 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c 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 i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
103 GL 0010261 06 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. 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 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you b 3 Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
103 GL 0010261 06 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section I Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Dis ion 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 |
103 GL 0010261 06 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
103 GL 0010261 06 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 infingement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting 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.. 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 |
103 GL 0010261 06 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.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the operations hazard. products completed. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b.. All reasonable expenses. Prejudgment All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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.. 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. 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 |
103 GL 0010261 06 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 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 |
103 GL 0010261 06 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 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 Il 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 |
103 GL 0010261 06 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 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 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. 2 4 CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
103 GL 0010261 06 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 i That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 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 entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other 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 |
103 GL 0010261 06 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 ToUs 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 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar 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. CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
103 GL 0010261 06 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 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 An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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. o 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or 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. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
103 GL 0010261 06 13. 14. 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. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. 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. 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. c CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
103 GL 0010261 06 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 |
103 GL 0010261 06 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 i 1000000 Employee Benefits each employee 1000 Included rograms 1000000 aggregate Retroactive Date 07012015 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments.. This insurance applies to damages only if 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 Page 1 0of 6 a | 2 |
103 GL 0010261 06 2 When we make settlement in accor dance 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 perform ance 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 represen tative is appointed. Page 2 of 6 ISO Properties Inc. 2006 CG 04351207 o | 2 |
103 GL 0010261 06 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 pol icy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section 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 Sched ule applies to all damages sustained by any one employee including such em ployee 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 settiement 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 Page 3 of 6 a | 2 |
103 GL 0010261 06 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 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any 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 Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over 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 CG 04351207 o | 2 |
103 GL 0010261 06 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 Ex tended 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 dam ages 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 Page 5 of 6 a | 2 |
103 GL 0010261 06 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 eligibility 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 dis ability 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 CG 04351207 o | 2 |
103 GL 0010261 06 IL 0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 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 deliver ing 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 premi um 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.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and 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 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 ves sels 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.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Copyright Insurance Services Office Inc. 1998 Page 1 of 1 a IL 0017 1198 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. is amended and the following is added Bodily Injury arising directly or indirectly out of the rendering or failing to render during the policy period incidental medical professional services by any physician dentist nurse practitioner nurse emergency medical technical or paramedic employed by you while acting within the scope of their employment by you shall be deemed to be caused by an occurrence. Incidental medical professional services performed for others by such employees without compensation and without the intent to receive remuneration shall be deemed to be within the scope of their employment by you. B. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows 1. The following exclusions are added This insurance does not apply to e Any dishonest fraudulent criminal or malicious act error or omission committed by an insured or any other partner employee officer or stockholder of an insured but this exclusion shall not apply to any other insured. Expenses you incur for first aid administered at the time of an accident. e Any insured engaged in the business or occupation of providing any of the services described in Section A. of this endorsement except as provided in Paragraph 2.a. of SECTION Il WHO IS AN INSURED as amended by Paragraph C. of this endorsement. e Bodily injury caused by an indemnitee is engaged in the business or occupation or providing any services described in Section A. of this endorsement. 2. The following is added to Exclusion e. Employer s Liability This exclusion does not apply to bodily injury resulting directly or indirectly from acts or omissions in the rendering or facility to render incidental medical professional services to the extent that liability for such bodily injury is not covered by workers compensation or employers liability insurance available to or qualified self insurance administered by or on behalf of the insured. C. SECTION Il WHO IS AN INSURED is amended as follows 1. Subparagraphs 2.a.1a b and c do not apply to the insurance described in A. above to the extent that liability for such bodily injury is not covered by workers compensation or employers liability insurance available to or qualified self insurance administered by or on behalf of the insured. 2. Subparagraph 2.a.1d is deleted and replaced by the following d Arising out of his or her providing or facility to provide health care services other than incidental medical professional services as defined in F. below. U416 0310 Page 1 of 2 | 2 |
103 GL 0010261 06. For the purpose of determining the limits of insurance for coverage provided by this endorsement any act error or omission together with all related acts errors or omissions in the furnishing of incidental medical professional services to any one person shall be considered one occurrence.. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance b. Excess insurance is amended and the following is added This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is applicable to a loss we cover under this endorsement.. The following additional definition applies Incidental medical professional services means a. Medical surgical dental x ray or nursing service treatment advice or instruction or the related furnishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U416 0310 Page 2 of 2 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE COVERAGE EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED Paragraph 2. a. 1 a is deleted and replaced by the following a Except with respect to a co employee while in the course of his or her employment or while performing duties related to the conduct of your business to you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company The additional coverage afforded the insured under this endorsement is excess over any other valid and collectible insurance purchased by or provided for you including but not limited to workers compensation employers liability insurance. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U417 1105 Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IDENTITY RECOVERY COVERAGE IDENTITY THEFT CASE MANAGEMENT SERVICE AND EXPENSE REIMBURSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following Identity Recovery Coverage is added to this Policy. Identity Recovery Coverage is a first party coverage provided to the owners of the insured entity. Identity Recovery Coverage includes reim bursement of specified legal expenses but such coverage is subject to the Identity Recovery coverage limit as specified under LIMITS below. Under Identity Recovery Coverage we do not have a duty to defend the insured from claims or suits. The limit and deductible applicable to Identity Recovery Cover age are separate from and in addition to the limits and deductibles that apply to any other coverage pro vided under this Policy. The Common Policy Conditions apply to coverage under this Identity Recovery Coverage. IDENTITY RECOVERY COVERAGE We will provide the Case Management Service and Expense Reimbursement Coverage indicated below if all of the following requirements are met 1. There has been an identity theft involving the personal identity of an identity recovery insured under this policy and 2. Such identity theft is first discovered by the identity recovery insured during the policy period for which this Identity Recovery coverage is applicable and 3. Such identity theft is reported to us within 60 days after it is first discovered by the identity recovery insured. If all three of the requirements listed above have been met then we will provide the following to the identity recovery insured 1. Case Management Service Services of an identity recovery case manager as needed to respond to the identity theft and 2. Expense Reimbursement Reimbursement of necessary and reasonable identity recovery expenses incurred as a direct result of the identity theft. This coverage is additional insurance. EXCLUSIONS The following additional exclusions apply to this coverage We do not cover loss or expense arising from any of the following. 1. The theft of a professional or business identity. 2. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an identity recovery insured whether acting alone or in collusion with others. However this exclusion shall not apply to the interests of an identity recovery insured who has no knowledge of or involvement in such fraud dishonesty or criminal act. 3. An identity theft that is not reported in writing to the police. UB51A1014 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
103 GL 0010261 06 LIMITS Case Management Service is available as needed for any one identity theft for up to 12 consecutive months from the inception of the service. Expenses we incur to provide Case Management Service do not reduce the amount of limit available for Expense Reimbursement coverage. Expense Reimbursement coverage is subject to a limit of 15000 annual aggregate per identity recovery insured. This limit is the most we will pay for the total of all loss or expense arising out of all identity thefts to any one identity recovery insured which are first discovered by the identity recovery insured during the policy period. This limit will apply separately to each consecutive annual period and to any remaining period of less than twelve 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 then twelve 12 months. In that case the additional period will be deemed part of the last preceding period for the purposes of determining the Limits of Insurance. The limit applies regardless of the number of claims during that period. If an identity theft is first discovered in one policy period and continues into other policy periods all loss and expense arising from such identity theft will be subject to the aggregate limit applicable to the policy period when the identity theft was first discovered. Legal costs as provided under item d. of the definition of identity recovery expenses are part of and not in addition to the Expense Reimbursement coverage limit. Item e. Lost Wages and item f. Child and Elder Care Expenses of the definition of identity recovery expenses are jointly subject to a sublimit of 5000. This sublimit is part of and not in addition to the Expense Reimbursement coverage limit. Coverage is limited to wages lost and expenses incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. Item g. Mental Health Counseling of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expense Reimbursement coverage limit. Coverage is limited to counseling that takes place within 12 months after the first discovery of the identity theft by the identity recovery insured. Item h. Miscellaneous Unnamed Costs of the definition of identity recovery expenses is subject to a sublimit of 1000. This sublimit is part of and not in addition to the Expenses Reimbursement coverage limit. Coverage is limited to costs incurred within 12 months after the first discovery of the identity theft by the identity recovery insured. DEDUCTIBLE Neither the Case Management Service nor the Expense Reimbursement coverage is subject to a deductible. CONDITIONS The following additional conditions apply to this coverage A. Help Line For assistance the identity recovery insured should call the Identity Recovery Help Line at 1 866 855 9282. The Identity Recovery Help Line can provide the identity recovery insured with 1. Information and advice for how to respond to a possible identity theft and 2. Instructions for how to submit a service request for Case Management Service andor a claim form for Expense Reimbursement Coverage. In some cases we may provide Case Management services at our expense to an identity recovery insured prior to a determination that a covered identity theft has occurred. Our provision of such services is not an admission of liability under the policy. We reserve the right to UB51A1014 Includes copyrighted material of Insurance Services Office Inc. Page 2 of 4 with its permission. | 2 |
103 GL 0010261 06 deny further coverage or service if after investigation we determine that a covered identity theft has not occurred. As respects Expense Reimbursement Coverage the identity recovery insured must send to us within 60 days after our request receipts bills or other records that support his or her claim for identity recovery expenses. B. Services The following conditions apply as respects any services provided by us or our designees to any identity recovery insured under this endorsement 1. Our ability to provide helpful services in the event of an identity theft depends on the cooperation permission and assistance of the identity recovery insured. 2. All services may not be available or applicable to all individuals. For example identity recovery insureds who are minors or foreign nationals may not have credit records that can be provided or monitored. Service in Canada will be different from service in the United States and Puerto Rico in accordance with local conditions. 3. We do not warrant or guarantee that our services will end or eliminate all problems associated with an identity theft or prevent future identity thefts. DEFINITIONS With respect to the provisions of this endorsement only the following definitions are added 1. Identity Recovery Case Manager means one or more individuals assigned by us to assist an identity recovery insured with communications we deem necessary for re establishing the integrity of the personal identity of the identity recovery insured. This includes with the permission and cooperation of the identity recovery insured written and telephone communications with law enforcement authorities governmental agencies credit agencies and individual creditors and businesses. 2. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred as a direct result of an identity theft a. Costs for re filing applications for loans grants or other credit instruments that are rejected solely as a result of an identity theft. Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of your efforts to report an identity theft or amend or rectify records as to your true name or identity as a result of an identity theft. Costs for credit reports from established credit bureaus. Fees and expenses for an attorney approved by us for the following 1 The defense of any civil suit brought against an identity recovery insured. 2 The removal of any civil judgment wrongfully entered against an identity recovery insured. 3 Legal assistance for an identity recovery insured at an audit or hearing by a governmental agency. 4 Legal assistance in challenging the accuracy of the identity recovery insured s consumer credit report. 5 The defense of any criminal charges brought against an identity recovery insured arising from the actions of a third party using the personal identity of the identity recovery insured. UB51A1014 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
103 GL 0010261 06 e. Actual lost wages of the identity recovery insured for time reasonably and necessarily taken away from work and away from the work premises. Time away from work includes partial or whole work days. Actual lost wages may include payment for vacation days discretionary days floating holidays and paid personal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Necessary time off does not include time off to do tasks that could reasonably have been done during non working hours. f. Actual costs for supervision of children or elderly or infirm relatives or dependants of the identity recovery insured during time reasonably and necessarily taken away from such supervision. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. g. Actual costs for counseling from a licensed mental health professional. Such care must be provided by a professional care provider who is not a relative of the identity recovery insured. h. Any other reasonable costs necessarily incurred by an identity recovery insured as a direct result of the identity theft. 1 Such costs include a Costs by the identity recovery insured to recover control over his or her personal identity. b Deductibles or service fees from financial institutions. 2 Such costs do not include a Costs to avoid prevent or detect identity theft or other loss. b Money lost or stolen. c Costs that are restricted or excluded elsewhere in this endorsement or policy. Identity Recovery Insured means the following a. When the entity insured under this policy is a sole proprietorship the identity recovery insured is the individual person who is the sole proprietor of the insured entity. b. When the entity insured under this policy is a partnership the identity recovery insureds are the current partners. c. When the entity insured under this policy is a corporation or other organization the identity recovery insureds are all individuals having an ownership position of 20 or more of the insured entity. However if and only if there is no one who has such an ownership position then the identity recovery insured shall be 1 The chief executive of the insured entity or 2 As respects a religious institution the senior ministerial employee. An identity recovery insured must always be an individual person. The entity insured under this policy is not an identity recovery insured. Identity Theft means the fraudulent use of the social security number or other method of identifying an identity recovery insured. This includes fraudulently using the personal identity of an identity recovery insured to establish credit accounts secure loans enter into contracts or commit crimes. Identity theft does not include the fraudulent use of a business name d b a or any other method of identifying a business activity. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UB51A1014 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT EXPANDED COVERAGE TERRITORY FOR YOUR PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Expanded Coverage Territory If a suit seeking damages because of bodily injury or property damage resulting from your product is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies because of bodily injury or property damage resulting from your product in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. All payments or reimbursements we make for damages because of judgments or settlements for bodily injury or property damage resulting from your product will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments because of bodily injury or property damage resulting from your product will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. B. The following is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis a If the insured s liability to pay damages because of bodily injury or property damage U656A0710 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 2 with its permission. | 2 |
103 GL 0010261 06 resulting from your product is determined in a suit brought outside the United States of America including its territories and possessions Puerto Rico or Canada or b That is coverage required by law regulation or other governmental authority in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada. C. For the purposes of this endorsement only SECTION V DEFINITIONS 4. Coverage territory is hereby deleted and replaced with the following 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America but only as respects those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage included in the products completed operations hazard because of your work. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UB56A0710 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. This endorsement documents that you have been offered certified act of terrorism coverage and that you have declined such coverage. Accordingly the policy is amended by the addition of the exclusion in Paragraph B. below. B. Terrorism Exclusion The EXCLUSIONS section is amended by the addition of the following TERRORISM This insurance does not apply to any injury or damage arising directly or indirectly out of Terrorism. This exclusion also applies to any action in hindering or defending against an actual or expected incident of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage and including damages arising directly or indirectly out of the above that are awarded as punitive damages. C. Disclaimer The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. D. Additional Definitions The DEFINITIONS section is amended by the addition of the following 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 any damage bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. 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. UCG2175 0121 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
103 GL 0010261 06 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. Terrorism includes a certified act of terrorism and acts a. that involve the use release or escape of nuclear materials or directly or indirectly result in nuclear reaction or radiation or radioactive contamination b. that are carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or c. in which pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. Multiple incidents 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. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. UCG2175 0121 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 20150413 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 contract with the Named Insured All persons or organizations as required by written All products manufactured by the Named Insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any persons or vendors the following additional exclusions apply organizations referred to throughout this 1. The insurance afforded the vendor does not 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. 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 CG20150413 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
103 GL 0010261 06. Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. C. With respect to the insurance afforded to these vendors the following is added to Section Il Limits Of Insurance If coverage provided to the vendor is required by a contract or agreement the most we will pay on behalf of the vendor is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 Insurance Services Office Inc. 2012 CG20150413 | 2 |
103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 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 All persons or organizations as required by written contract with the Named Insured 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. Inthe performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section lll 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. persons or organizations as required by written contract with the Named Insured CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 POLICY NUMBER 103 GL 0010261 06 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 Kentucky State Fair Board Its Officers Agents Employes Great Bend Farm Ranch Expos 937 Phillips Lane Louisville KY 40209 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. Inthe performance of your ongoing operations or 2. In connection with your premises owned by or rented to you. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following is added to Section lll 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. ntucky State Fair Board Its Officers Agents Employes Great Bend Farm Ranch Expos 37 Phillips Lane uisville KY 40209 CG 20260413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 210906 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.g. Aircraft Auto Or Watercraft under This Paragraph g.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training i or monitoring of others by that insured if 2. Ex.cIstlons the occurrence which caused the This insurance does not apply to bodily injury or property damage g. Aircraft Auto Or Watercraft involved the ownership maintenance 1 Unmanned Aircraft use or entrustment to others of any aircraft other than unmanned aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph g.1 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 that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. 2 auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and ii Not being used to carry persons or property for a charge c 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 watercratft or This Paragraph g.2 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 other than unmanned aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph g.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 26 feet long and ii Not being used to carry persons or property for a charge c 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 watercratft or CG 210906 15 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
103 GL 0010261 06 e Bodily injury or property damage arising out of i 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 ii The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CG 210906 15 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE s loci b el B ode s nbfale Designated Products Street rod cars If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance does not apply to bodily injury or property damage included in the products completed operations hazard and arising out of any of your products shown in the Schedule. CG 21331185 Copyright Insurance Services Office Inc. 1984 | 2 |
103 GL 0010261 06 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 threatened in halation of ingestion of contact with expo sure 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 concurrently 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 detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B 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 insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 2196 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily 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 sus pected inhalation of or ingestion of silica 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 reme diating 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 a. 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 exis tence 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 reme diating 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 Def tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. Page 1 of 1 a CG 2196 03 05 1SO Properties Inc. 2004 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization All persons or organizations as requested by written contract with the Named Insured. Information required to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. persons or organizations as requested by written contract with the Named Insured. CG 24 04 05 09 Insurance Services Office Inc. 2008 Page 1 of 1 | 2 |
103 GL 0010261 06 COMMERCIAL GENERAL LIABILITY CG 24260413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The definition of insured contract in the Definitions section is replaced by the following 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any 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. CG242604 13 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
103 GL 0010261 06 IL 00 21 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 COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Underwriters Nuclear Insurance Associa tion of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 2 B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 2 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any 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. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured 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. 2 3 ISO Properties Inc. 2007 Page 1 of 2 a IL 00 21 09 08 | 2 |
103 GL 0010261 06 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 ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self 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. 2007 IL 00 21 09 08 a | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM EARNED PREMIUM The following additional policy Condition supersedes any other policy Condition regarding a minimum earned premium for this policy Policy Premium And Minimum Earned Premium 1. Policy Premium is the sum of the following a. The Total Policy Premium or Minimum Premium At Audit if applicable as shown in the Common Policy Declarations plus b. Any premium adjustment by endorsement plus c. Any premium adjustment developed by audit if applicable. 2. The policy earned premium is the sum of the following a. The amount of Policy Premium not designated as fully earned premium at inception or by endorsement calculated for the policy period that has been earned based on the ratio of the time passed on the policy to the effective date of the policy plus b. Any Policy Premium that is designated as fully earned premium at inception or by endorsement. 3. If you cancel this policy the return premium will be 90 of the unearned premium. However as a minimum earned premium we will retain no less than 25 of the Policy Premium. 4. If we cancel the policy for a. non payment of premium b. any of the reasons stated in a cancellation endorsement that provide a 10 day notice or c. any of the reasons stated in an amendatory state specific cancellation endorsement up to and including a 30 day notice the earned premium will be computed pro rata based on the length of the cancelled policy term. However as a minimum earned premium we will retain no less than 25 of the Policy Premium. 5. If we cancel the policy for any reason other than those identified in Paragraph 4. above the earned premium will be computed pro rata based on the length of the cancelled policy term and the minimum earned premium as stated in Paragraph 4. above shall not apply. 6. Any unearned premium will be returned as soon as practicable. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U002A0916 Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following added Aircraft or Grounding This insurance does not apply to bodily injury or property damage arising directly or indirectly out of 1. any aircraft product or the grounding of any aircraft or 2. your work on aircraft including missile or spacecraft and any ground support or control equipment. B. SECTION V DEFINITIONS is amended and the following added Aircraft product means a. Aircraft including missile or spacecraft and any ground support or control equipment used therewith b. Any article furnished by you or on your behalf and installed in an aircraft or used in connection with an aircraft or for spare parts for an aircraft including ground handling tools and equipment c. Any of your products used at an airport for the purpose of guidance navigation or direction of aircraft d. training aids instructions manuals blueprints engineering or other data or advice and services and labor relating to such aircraft articles or products that you or any other person or organization on your behalf 1 sold handled or distributed or 2 manufactured assembled or processed a according to specifications plans suggestions orders or drawings provided by you or on your behalf or b with tools machinery or equipment furnished to such persons or drawings provided by you or on your behalf. Grounding means a. the withdrawal of one or more aircraft from flight operations or b. the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U009 0310 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COMMUNICABLE DISEASE VIRUS OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of both Section Coverage A Bodily Injury And Property Damage Liability and Section Il Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Communicable Disease Virus Or Bacteria Bodily injury property damage or personal and advertising injury arising out of any actual or alleged a. Communicable disease or b. Virus bacterium or other microorganism that induces or is capable of inducing physical distress illness or disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervision hiring employment training or monitoring of others b. Testing for any communicable disease virus bacterium or other microorganism c. Failure to prevent the spread of any communicable disease virus bacterium or other microorganism or d. Failure to report any communicable disease virus bacterium or other microorganism to authorities. This exclusion does not apply to any bacteria that are are on or are contained in a good or product intended for bodily consumption. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U018 0520 Page 1of 1 | 2 |
103 GL 0010261 06 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 SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added Employment Related Practices This insurance does not apply to bodily injury or personal and advertising injury to 1 a person arising directly or indirectly out of any a refusal to employ that person b termination of that person s employment or c employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation assault battery discrimination malicious prosecution or abuse including sexual abuse directed at any person or 2 the spouse child parent brother or sister of that person as a consequence of bodily injury or 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 1 a b or c above occurs before employment during employment 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 damages because of the injury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U048 0310 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE FLR VLAV or FER VLVLURRENVE Bodily Injury Liability Coverage OR Property Damage Liability Coverage OR Personal and Advertising Injury Liability Coverage OR Bodily Injury Liability Coverage andor Property Damage 5000 Liability Coverage andor Personal and Advertising Injury Liability Coverage Combined A. For the purposes of this endorsement all deductible coverage options amounts and basis of the deductible shall include all amounts we pay in the defense and investigation of any claim or suit to which this insurance applies as stated under the SUPPLEMENTARY PAYMENTS COVERAGE A AND B section of the policy. B. Our obligations under this policy for damages applies only to the amount excess of the deductible shown in the Schedule above. C. We shall select a deductible amount on either aper claim or a per occurrence basis. Your selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage c. Under Personal and Advertising Injury Liability Coverage to all damages sustained by any one person because of personal and advertising injury d. Under Bodily Injury Liability Coverage andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage 3 Personal and advertising injury or U070AS0512 Includes copyrighted material of ISO Properties Inc. Page 1 of 2 with its permission. 5000 Page 1 of 2 | 2 |
103 GL 0010261 06 4 Bodily injury property damage and personal and advertising injury combined as the result of any one occurrence. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage c. Under Personal and Advertising Injury Liability Coverage to all damages because of personal and advertising injury d. Under Bodily Injury Liability Coverage andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability Coverage to all damages because of 1 Bodily injury 2 Property damage 3 Personal and advertising injury or 4 Bodily injury as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. property damage personal and advertising injury combined. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount.. We at our sole election and option may either 1. 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 you shall promptly reimburse us for such part of the deductible amount as has been paid by us or Simultaneously upon receipt of notice of any claim or at any time thereafter request you pay or deposit with us all or any part of the deductible amount to be held and applied by us as herein provided.. For the purposes of this endorsement claim means a demand received by the Insured for money or services including the service of suit against the Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U070AS0512 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 2 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CYBER INJURY ELECTRONIC DATA AND CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. The exclusion below is added for all coverages with the exception of any Medical Payments coverage and replaces the existing Ele ctronic Data exclusion under Paragraph 2. Exclusions in the following Coverage Parts COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to Cyber Injury Electronic Data And Confidential Or Personal Information Damages loss costs and expenses including all fines and penalties arising out of 1 Cyber injury 2 The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data 3 Any access to or loss destruction disclosure disruption inspection modification recording release review use collection processing or storage of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information biometric or health information or any other type of nonpublic information or 4 Any claim suit or other legal proceeding administrative action or hearing arising out of Paragraphs 1 through 3 above including but not limited to those initiated prior to or pending as of the inception date of this policy. B. The following definitions are added with respect to the provisions of this endorsement Cyber injury means any actual alleged or suspected intentional or unintentional breach of or unauthorized access to any data software hardware or computer system wherever located that resultsin a. Oral or written publication in any manner of material that violates a person s right of privacy Inability to access any website or any computer system Release introduction transmission or facilitation of any malicious code Forensic or investigative expenses Extortion or terrorism acts or threats Monitoring or notification costs or expenses o ao00w Crisis management or public relations expenses Includes copyrighted material of Insurance Services Office Inc. with its permission. U1010 0819 Page 1of 2 | 2 |
103 GL 0010261 06 h. Data or systemrecovery repair replacement or restoration expenses i. Business interruption related losses or expensesor j. Losses arising out of fraudulent instructions transmitted by electronic means including through social engineering. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Malicious code means but is not limited to any virus Trojan horse worm spyware logic bomb adware malware or other similar software program. Personal information means any personally identifying information or data about an individual as defined by foreign federal state or local laws statutes or regulations. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U1010 0819 Page2of 2 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION This endorsement modifies insurance provided under the following OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY POLICY FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph A. 2. Cancellation of the COMMON POLICY CONDITIONS is deleted and replaced by the following 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for one or more of the follow ing reasons 1 nonpayment of premium or failure to pay a premium when due 2 conviction of an insured of a crime arising out of acts increasing the hazard insured against 3 violation of any local fire health safety building or construction regulation or ordinance which increases the hazard insured against under the policy 4 any willful or reckless act or omission by an insured increasing the hazard insured against 5 omission or concealment of fact relating to an insurance application rating claim or coverage under this policy 6 failure or refusal of an insured to a provide information necessary to confirm exposure or determine the policy premium or b comply with underwriting requirements 7 a substantial change in the risk covered by the policy 8 loss of reinsurance or substantial decrease in reinsurance 9 the cancellation is for all insureds under such policies for a given class of insureds or 10 any reason determined by the insurance commissioner. b. 30 days before the effective date of cancellation if we cancel for any other reason. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U173AS0708 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 1 with its permission. | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSPECTION This endorsement modifies the policy as follows 200.00 is added to this policy for an inspection and is not refundable. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U184 0702 Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph d. and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement Paragraph d. are deleted and replaced with the following d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any executive officer or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U258 0310 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Professional Services any bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional service. This includes but is not limited to 1 2 3 4 5 6 9 10 11 12 13 legal accounting or advertising services preparing approving or failing to prepare or approve maps drawings opinions reports surveys change orders designs or specifications inspection supervision quality control architectural or engineering activities done by or for youona project on which you serve as construction manager engineering services including related supervisory or inspection services medical surgical dental x ray or nursing services treatment advice or instruction any health or therapeutic service treatment advice or instruction any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices body piercing or tattooing services including but not limited to the insertion of pigment collagen or any other foreign substance into or under the skin services in the practice of pharmacy law enforcement or firefighting services or handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U265 0116 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION USLH JONES ACT OR OTHER MARITIME LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following is added USLH Jones Act or Other Maritime Laws Exclusion This insurance does not apply to bodily injury property damage or personal and advertising injury arising directly or indirectly out of 1 operations over navigable waters or offshore including but not limited to drilling and production platforms pipelines and vessels where coverage is provided by the U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws 2 actions including but not limited to subrogation involving U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws or 3 any obligation of the insured resulting from actions under the U.S. Longshore Harbor Workers Compensation Act USLH Merchant Marine Act Jones Act or other maritime laws and any amendments to those laws. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U266 0510 Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS SUITS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions in the Commercial General Liability Coverage Part and SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions in the Products Completed Operations Liability Coverage Part are amended and the following added CROSS SUITS EXCLUSION This insurance does not apply to any claim or suit for bodily injury property damage or personal and advertising injury brought by any Named Insured against any other Named Insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U267A0813 Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT BODILY INJURY REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION V DEFINITIONS 3. Bodily Injury is deleted in its entirety and replaced with the following 3. Bodily injury means bodily injury mental anguish mental injury shock humiliation sickness or disease sustained by a person including death resulting from any of these at any time. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U403 0707 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON CONTRIBUTORY OTHER INSURANCE CONDITION DESIGNATED ENTITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Persons Or Organizations All persons or organizations as required by written contract with the Named Insured SECTION IV COMMERCIAL GENERAL LIABLITY CONDITIONS 4. Other Insurance and SECTION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS 4. Other Insurance are amended and the following added and supersedes any provision to the contrary Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the persons or organizations designated in the SCHEDULE above provided 1 the persons or organizations designated in the SCHEDULE above is a Named Insured under such other insurance and 2 you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the persons or organizations designated in the SCHEDULE above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. ritten contract with the Named Insured Page 1 of 1 U407 0116 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS OR OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations and SEC TION IV PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS 6. Representations are amended and the following is added Failure of the insured to disclose all hazards existing as of the inception or renewal dates of this poli cy or errors or omissions in applications declarations schedules endorsements or other documents shall not prejudice the insured with respect to the coverage afforded by this policy as long as such failures errors or omissions are unintentional. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U428 0707 Contains material ISO Properties Inc. 2000 with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Lead 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of lead in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of lead in any form. 3 any damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of lead in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of lead in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of lead or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with lead in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U466 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Asbestos 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of asbestos in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of asbestos in any form. 3 any damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of asbestos in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of asbestos in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of asbestos or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with asbestos in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U467 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The NAMED INSURED as shown on the Common Policy Declaration Page or Commercial General Liability Coverage Part Declaration is amended to include the following as a NAMED INSURED Strobel Manufacturing Inc. Strobel Properties LLC ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 U489 0213 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LATEX This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy is hereby amended to include the following additional exclusion LATEX EXCLUSION This insurance does not apply to liability arising directly or indirectly out of a. The actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of latex or products or materials containing latex regardless of whether any other cause event material or product contributed concurrently or in any sequence to any injury or damage Any loss cost or expenses 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 latex by any insured or by any other person or entity Any supervision instructions recommendations warnings or advice given or which should have been given in connection with a. and b. above Any obligation to share damages with or repay someone else who must pay damages because of latex or products or materials containing latex Any injury or damage arising out of the loss of use of or other unavailability of any product or material actually potentially or allegedly containing latex or Any injury or damage arising out of the loss of use of or other unavailability of your product or your work arising out of the loss of use of or other unavailability of any product or material actually potentially or allegedly containing latex. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U582 0708 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UREA FORMALDEHYDE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The policy is hereby amended to include the following additional exclusion Urea Formaldehyde Exclusion This insurance does not apply to and we shall have no duty to defend any claims for bodily injury property damage or personal and advertising injury arising directly or indirectly out of 1 the design manufacture construction fabrication preparation distribution sale installation application maintenance repair remodeling servicing correction or replacement of any urea formaldehyde 2 the actual alleged or threatened inhalation of ingestion of contact with handling of exposure to existence of or presence of urea formaldehyde or products or materials containing urea formaldehyde regardless of whether any other cause event material or product contributed concurrently or in any sequence to any injury or damage 3 any loss cost or expenses arising directly or indirectly 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 urea formaldehyde by any insured or by any other person or entity 4 any supervision instructions recommendations warnings or advice given or which should have been given in connection with 2 and 3 above 5 any obligation to share damages with or repay someone else who must pay damages because of urea formaldehyde or products or materials containing urea formaldehyde 6 the loss of use of or other unavailability of any product or material actually potentially or allegedly containing urea formaldehyde or 7 the loss of use of or other unavailability of your product or your work arising directly or indirectly out of the loss of use of or other unavailability of any product or material actually potentially or allegedly containing urea formaldehyde. This exclusion does not apply to claims resulting from products manufactured by the Named Insured after April 1 2009 meeting or exceeding the Recreation Vehicle Industry Association s adopted standards regarding urea formaldehyde in effect at the time of manufacture of the product giving rise to the claim. The Named Insured represents and warrants that it will meet or exceed the Recreation Vehicle Industry Association s newest adopted standards regarding urea formaldehyde in all products that it manufactures containing urea formaldehyde. This exclusion will apply in its entirety and in every aspect for claims determined in our sole discretion to have resulted from failure of the Named Insured to comply with this representation and warranty. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U640 0410 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED ONGOING OPERATIONS AND PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description of Designated Operations Your work involving grain elevators Specified Location If Applicable SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following is added This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the operations described in the SCHEDULE above. Unless a location is specified in the SCHEDULE this exclusion applies to all locations. If a specific location is designated in the SCHEDULE above this exclusion applies only to the described operations conducted at that location. For the purpose of this endorsement location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U650 0116 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION BENZENE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions and COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions are amended and the following added This insurance does not apply to Benzene 1 bodily injury or personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of benzene in any form. 2 property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of benzene in any form. 3 any damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of benzene in any form by any insured or by any other person or entity. 4 any claim or suit by or on behalf of a governmental authority for damages loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of benzene in any form by any insured or by any other person or entity. This exclusion shall apply without regard to the source or sources of benzene or the basis of the insured s liability. This exclusion includes defects or negligence in design construction or materials or any other event conduct or misconduct which may have or is claimed to have precipitated caused or acted jointly concurrently or in any sequence with benzene in any form in causing injury or damage. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U730 0212 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH SELECTED EXCEPTIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions f. Pollution and COVERAGE B PERSONAL AND ADVERTISING LIABILITY 2. Exclusions m. Pollution and n. Pollution Related are deleted and replaced by the following This insurance does not apply to Pollution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged threatened or suspected discharge dispersal seepage migration release or escape of pollutants at any time 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. EXCEPTION SCHEDULE Only applies if box is checked However paragraph 1 of this exclusion does not apply to the below mentioned exceptions if a corresponding box below is checked. Building Heating And Equipment X bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured 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. Contractor Lessee Operations bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured 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. Herbicide and Pesticide bodily injury or property damage if the operations are conducted away from premises you own or rent and the pesticide or herbicide applicator operations by an insured meet all the standards of any statute ordinance regulation or license requirement of any federal state or local government which apply to those operations. U895 1213 Includes copyrighted material of Insurance Services Office Inc. Page 1 of 3 with its permission. Page 1 of 3 | 2 |
103 GL 0010261 06 Hostile Fire X bodily injury or property damage resulting from heat smoke or fumes from a hostile fire that occurred or originated at or from any premises site or location 1. which is or was at any time owned or occupied by or rented or loaned to any insured or 2. 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. Fuels Lubricants and Other Operating Fluids Mobile Equipment bodily injury or property damage 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 and the bodily injury or property damage is resulting from 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. Products Completed Operations Hazard X bodily injury or property damage included within the products completed operations hazard provided your product or your work has not at any time been 1. discarded dumped abandoned thrown away or 2. transported handled stored treated disposed of or processed as waste by anyone. Swimming Pool Chemicals bodily injury or property damage resulting from the actual alleged or threatened discharge dispersal seepage migration release drift or escape of any swimming pool chemicals at or from any premises site or location 1. which is owned or occupied by or rented or loaned to any insured or 2. on which any insured or any contractors or subcontractors working on the named insured s behalf are performing swimming pool installation service repair or maintenance operations if the swimming pool chemicals are brought on or to the premises site or location in connection with such operations by such insured contractors or subcontractors provided the operations of the insured or any contractors or subcontractors working on the named insured s behalf meet all standards of any statute ordinance regulation or license requirement of any federal state or local government which apply to those operations. U895 1213 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 3 | 2 |
103 GL 0010261 06. SECTION V DEFINITIONS is amended and the following is added Drift means the drifting of chemical by wind or water as a result of nature s actions. Swimming pool chemicals means chemicals which are not prohibited by any federal state or local agency that are used in connection with the installation service repair or maintenance of swimming pools. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U895 1213 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
103 GL 0010261 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AND AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Premium Audit SECTION IV CONDITIONS 10. Premium Audit within the Owners And Contractors Protective Liability Coverage Form SECTION N PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS 5. Premium Audit and SECTION IV CONDITIONS 7.Premium And Premium Audit within the Railroad Protective Liability Coverage Form are deleted and replaced with the following a. We will compute all premiums for this Coverage Part in accordance with our rules rates rating plans premiums and minimum premiums. This policy is subject to audit. The premium shown in the Declarations as the Total Premium For This Coverage Part is an estimated advance premium only which shall be credited to the amount of the earned premium due at the end of each audit period. The estimated advance premium is determined based on an estimate of your exposures for the policy period. At the close of each audit period or part thereof terminating with the end of the policy period as shown in the Declarations we may conduct an audit of your books and records to determine the actual earned premium developed during the audit period. The calculation of this earned premium will be based on the elements e.g. premium basis rates class codes as shown in the Declarations. We will compute the earned premium for that audit period based on the exposures determined by audit. If the calculated earned premium is greater than the deposit premium previously paid you will be billed an additional earned premium for the difference. If the calculated earned premium is less than the deposit premium previously paid then we shall receive and retain no less than 100 of the policy earned premium. The due date for additional earned premium developed by audit is the date shown as the due date on the bill. We will send notice to the first Named Insured. Failure to pay the additional earned premium due will be deemed a breach of contract and at our sole discretion may subject this policy as well as any other policy of yours in force to cancellation for non payment of premium.. Should it become necessary to institute collection activities including litigation in order to collect any earned premium then you shall be responsible for 100 of the expenses fees and costs incurred by us in that regard plus any collectible interest. 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. These records include but are not limited to ledgers journals registers vouchers contracts tax reports and payroll and disbursement records. Failure to supply such records upon request will be deemed a breach of policy conditions and at our sole discretion may subject this policy as well as any other policy of yours in force to cancellation for breach of policy conditions. We may examine your books and records at any time during the policy period or within three 3 years of the expiration of this policy. If after three 3 documented attempts we are unable to examine your books and records to obtain the information required to complete the audit the audit will be deemed unproductive and we will U985 0916 Page 1 of 2 | 2 |
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