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103 GL 0010261 06 complete an estimated audit using an increase of 25 in your estimated exposures. Documentation on our attempts to collect the required audit information will be made available to you and provided upon request.. You may dispute the audit within fourteen 14 days of receiving the audit endorsement or other notice regarding the premium adjustment amount by providing us with copies of the information we need for premium computation. Failure to dispute the audit endorsement or other notice regarding the premium adjustment amount within fourteen 14 days shall be deemed as your agreement with the audit endorsement or other notice regarding the premium adjustment amount. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. U985 0916 Page 2 of 2 | 2 |
Z ZURICH Disclosure Statement Itis our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 ACW 0611 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 9184605 05 Named Insured and Mailing Address JEREMIAS INC. 983 INDUSTRIAL PARK DR MARIETTA GA 30062 2434 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 9184605 04 Producer and Mailing Address JOHNSON KENDALL JOHNSON INC 109 PHEASANT RUN NEWTOWN PA 18940 1820 Producer Code 03065 000 Policy Period Coverage begins 01 01 2019 at 1201 AM. Coverageends 01 01 2020 at 1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company that provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred to in this policy as The Company we us or our. The address of the companies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 8338.00 This premium does not include Taxes and Surcharges. Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. UGU D310 A 0193 Page 1 of 1 NERAL LIABILITY COVERAGE PREMIUM 8338.00 ssued by ZURICH AMERICAN INSURANCE COMPANY | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. e fmpfon RV President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com e President 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9184605 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured JEREMIAS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. Producer Name JOHNSON KENDALL JOHNSON INC Producer No. 03065 000 Item 1. Business Description HEATING EQUIPMENT MFG. ELECTRIC Item 2. Limits of Insurance The Limits of Insurance stated below are the most available to pay damages medical expenses and allocated loss adjustment expenses covered by this policy. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. umITs GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT S 1000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT S 100000 Any one premises MEDICAL EXPENSE LIMIT S 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization Item 3. Form of Business and Location Premises CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 4. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements Item 5. Premiums Coverage Part Premium 9545 Other Premium Total Premium 9545 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9184605 05 ZURICH AMERICAN INSURANCE COMPANY Named Insured JEREMIAS INC. Policy Period Coverage begins 01 01 2019 at1201 AM. Coverage ends 01 01 2020 at 1201 AM. MITS GENERAL AGGREGATE LIMIT 1000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 1000000 EACH OCCURRENCE LIMIT S 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 Any one premises MEDICAL EXPENSE LIMIT 5000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Any one person or organization U GLD1286 A CW 0906 Page 10f 1 | 2 |
Policy Number GLO 9184605 05 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured JEREMIAS INC. Effective Date 01 01 19 1201 A.M Standard Time Agent Name JOHNSON KENDALL JOHNSON INC AgentNo. 03065 000 COMMON GENERAL LIABILITY FORMS AND ENDORSEMENTS U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU319 F 01 09 IMPORTANT NOTICE IN WITNESS CLAUSE U GL D1286 A CW 09 06 COMMERCIAL GEN LIAB COVERAGE PART DEC U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GL1114 A CW 10 02 DESIGNATED SUBSTANCES AND RISKS EXCLUSION U GL1114 A CW 10 02 LARGE DEDUCTIBLE LIABILITY ENDORSEMENT U GL1287 B CW 04 13 COMMERCIAL GEN LIAB COVERAGE FORM U GL1063 A CW 12 01 FUNGUS EXCLUSION ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 F CW 04 13 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL1205 B CW 01 08 WELDING HEALTH HAZARD EXCLUSION U GL1331 A CW 01 08 DEDUCTIBLE ADDITIONAL COVERAGES U GL1342 A CW 10 07 LEAD LIABILITY EXCLUSION U GL1517 B CW 04 13 RECORD OR DISTRB OF MATRL OR INFO EXCL U GL441 B 12 01 AIRCRAFT PROD. GROUNDING TESTING EXCL U GL908 B 08 04 AIDS EXCLUSION U GL911 B 09 05 CLAIM SERIES ENDORSEMENT U GL914 B 08 04 ELECTROMAGNETIC RADIATION EXCL. ENDT U GL923 B 06 04 SILICA OR SILICA MIXED DUST EXCLUSION U GU739 A DEFENSE WITHIN LIMITS NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGES POLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT GEORGIA CHANGES CANC NONRENL U GU298 B CW CANCELLATION BY US U GU630 D CW DISCLOSURE OF INFO RELATING TO TRIA U GU1191 A CW SANCTIONS EXCLUSION ENDORSEMENT U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDOF Zurich American Insurance GLO 9184605 05 SCHEDULE OF FORMS AND ENDORSEMENTS rich American Insurance Company Effective Date 01 01 1 1201 A.M Standard Tin OMMUN GENERAL LIAPLLILY FURMS AND BNDURoOLMENLOS GU D310 A GU319 F GL D1286 A CW GU619 A CW GL1114 A CW GL1114 A CW GL1287 B CW GL1063 A CW GL1171ACW GL1175 F CW GL1178ACW GL1205 B CW GL1331 A CW GL1342 A CW GL1517 B CW GL441 B CW Crrraaaaaaanng N S GU298 B CW GU630 D CW GU1191 A CW COMMON POLICY DECLARATIONS IMPORTANT NOTICE IN WITNESS CLAUSE COMMERCIAL GEN LIAB COVERAGE PART DEC SCHEDULE OF FORMS AND ENDORSEMENTS DESIGNATED SUBSTANCES AND RISKS EXCLUSION LARGE DEDUCTIBLE LIABILITY ENDORSEMENT COMMERCIAL GEN LIAB COVERAGE FORM FUNGUS EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ASBESTOS EXCLUSION ENDORSEMENT WELDING HEALTH HAZARD EXCLUSION DEDUCTIBLE ADDITIONAL COVERAGES LEAD LIABILITY EXCLUSION RECORD OR DISTRB OF MATRL OR INFO EXCL ATRCRAFT PROD. GROUNDING TESTING EXCL AIDS EXCLUSION CLAIM SERIES ENDORSEMENT ELECTROMAGNETIC RADIATION EXCL. ENDT SILICA OR SILICA MIXED DUST EXCLUSION DEFENSE WITHIN LIMITS NOTICE INDIANA CHANGES POLLUTION EXCLUSION MISSOURI CHANGES POLLUTION EXCLUSION VERMONT CHANGESPOLLUTION EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED PROFESSIONAL SERVICES EMPLOYMENT RELATED PRACTICES EXCLUSION TOTAL POLLUTION EXCL ENDT TOTAL POLLUTION EXCL. WITH HOSTILE FIRE EXCLUSION OF CERTIFIED ACTS OF TERRORISM AK EXCL OF CERTIFIED ACTS OF TERRORISM CALCULATION OF PREMIUM COMMON POLICY CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDT GEORGIA CHANGES CANC NONRENL CANCELLATION BY US DISCLOSURE OF INFO RELATING TO TRIA SANCTIONS EXCLUSION ENDORSEMENT | 2 |
Z ZURICH ZURICH Exclusion Designated Substances and Ri Policy number GLO 9184605 05 Named Insured Effective date Jeremias Inc. 01012019 Agent name Agent number JOHNSON KENDALL JOHNSON INC 03065000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided by the following COMMERCIAL GENERAL LIABILITY Exclusion Designated Substances and Risks It is agreed that such insurance as is afforded by this policy does not apply to and we have no duty with respect to any loss claim or suit for damages because of bodily injury or property damage arising out of or related in any way to Chlorohydrocarbons CHCs Chlorofluorocarbons CFCs Diacetyl sible spongiform encephalopathies TSE such as bovine spongiform vCID Transfer of pathogens c.g. prions in the area of transmi encephalopathy BSE or variant Creutzfeld Jakob dis Silicon based or other implants to the human body Tobacco and tobacco products Urea formaldehyde PCB Polychlorinated Biphenyl Genetically Modified Organisms GMOs including but not limited to Manufacturers of GMOs Companies required by law to register or obtain authorization for their handling of GMOs Animal feed manufacturers Seed growers Operators of mills Manufacturing andor selling firearms Latex Diethylstilbestrol DES Oxychinolines SMON Drugs affecting pregnancy contraceptives abortifacients RU486 etc. Human biological material e.g. blood plasma plasma proteins immunoglobins cells tissue organs urine or excretions etc. Vaccines and inoculations Fenfluramine dexfenfluramine and phentermine alone or in combination with other active substances which induce an increase in serotonin levels Thimerosal Merthiolat Natriumtimerfonat Mercury sodium methyl thiosalicilate Fluoxetine Phenylpropanolamin PPA Methylphenidat Troglitazone U GL1114 A CW 1104 U GL1114 A CW 1104 Page 1 of 2 | 2 |
Statine and fibrates Oxycodone Oxycontin Dietary supplements or products for physical performance enhancement containing Ephedra respectively Ephedrine Pseudoephedrine Amiodarone Askarel Bromocriptine Butorphanol Cisapride Dioxins and Furans IsoTretinoin Paroxetine Piper Methysticum Pyralene Terfenadine Thalidomide COX2 Inhibitors Hormone Replacement Therapy Drugs or Products Development Manufacturing Sale andor Distribution of Pharmaceutical products active ingredients additives fillers or medical implants Clinical Trials any product that is undergoing or subject to clinical trials S.ARS. Chrome Copper Arsenate U GL1114 A CW 1104 Page2 of 2 | 2 |
Countersigned Authorized Representative U GL1114 A CW 1104 Page 3 of 2 | 2 |
Z ZURICH Large Deductible When Allocated Loss Adjustment 2 Expenses are Included in Limits of Insurance Policy No. Eff. Date of Eff. Date of Pol. End. GLO 9184605 05 01012019 01012019 ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifi Commercial General Liability Coverage Part Employee Benefits Liability Coverage Part Liquor Liability Coverage Part Stop Gap Employers Liability Coverage Part insurance provided under the DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Coverage A. Bodily Injury and Property Damage Liability All persons or organizations 12142 Each Occurrence Bodily Injury Liability Only All persons or organizations Each Occurrence Property Damage Liability Only All persons or organizations Each Occurrence Coverage A. Bodily Injury and Property Damage Liability Each Claim Bodily Injury Liability Only Each Claim Property Damage Liability Only Each Claim Coverage B. Personal and Advertising Injury Liability By offense Any one person or organization 12142 Each Occurrence Coverage C. Medical Payments Any One Person Additional Employee Benefits Liability Coverage Each Act Error or Omission Additional Liquor Liability Coverage Each Common Cause Additional Stop Gap Employers Liability Each Accident Coverage Stop Gap Employers Liability disease Each Employee Aggregate Deductible Amount Adjustable at a rate of per. of Flat Initial Exposure Minimum Aggregate Deductible Amount Jeremias Inc. UGL 1114 Large Deductible 2019.doc U GL1326 ACW62007 Page 10f 5 | 2 |
ALLOCATED LOSS ADJUSTMENT EXPENSE SELECTION SCHEDULE Select One Option 1 X As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will contribute toward your Deductible Amount and your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 2 As respects each Deductible Amount you will reimburse us for allocated loss adjustment expense as follows a If the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount is equal to or less than the Deductible Amounts or if there is no amount payable other than allocated loss adjustment expense then you will reimburse us for all allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule or b If the total amount payable for other than allocated loss adjustment expense exceeds the Deductible Amount you will reimburse us a pro rata share of total allocated loss adjustment expense based on the ratio of the Deductible Amount divided by the total amount payable for other than allocated loss adjustment expense as respects the basis for each Deductible Amount. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. Option 3 As respects each Deductible Amount you will reimburse us for all allocated loss adjustment expense even if there is no payment for other than allocated loss adjustment expense. Allocated loss adjustment expense reimbursements will not contribute toward either your Deductible Amount or your Aggregate Deductible Amount as shown in the Deductible Schedule. If no option is selected Option 3 will apply. A. How the Deductible Amount Applies You will reimburse us for the Deductible Amounts shown in the Deductible Schedule and for allocated loss adjustment expenses incurred based on the Allocated Loss Adjustment Expense Selection Schedule. The Deductible Amounts applies as follows 1. If an Each Occurrence Deductible is shown the Deductible Amount applies to all sums payable because of any one Occurrence regardless of the number of persons or organizations who sustain damages because of that Occurrence. 2. If an Each Claim Deductible is shown the Deductible Amount applies to all sums payable for each claim sustained by any one person or organization. a. For Other than Coverage B to all sums payable for each claim sustained by any one person or organization and b. For Coverage B to all damages sustained by any one person or organization as the result of an offense. 3. Medical Payments If an Any One Person limit is shown the Deductible Amount applies to all sums payable to any one person as a result of an accident sustained by that person. 4. Employee Benefits Liability If an Each Act Error or Omission Deductible is shown the Deductible Amount applies to all sums payable for all damages sustained by any one Employee including the Employee s dependents and beneficiaries because of acts errors or omissions committed in the administration of employee benefit programs. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page20f 5 | 2 |
5. Liquor Liability If a Common Cause Deductible is shown the Deductible Amount applies to all sums payable for all injury sustained by one or more persons or organizations as the result of the selling serving or furnishing of any alcoholic beverage to any one person. 6. Stop Gap Employers Liability If an Each Accident Deductible is shown the Deductible Amount applies to all sums payable as the result of an accident regardless of the number of people who sustain damages because of that accident. 7. Stop Gap Employers Liability discase If an Each Employee Deductible is shown the Deductible Amount applies to all sums payable because of any one discase and applies separately to cach affected Employee. B.Large Deductible Provisions 1. If more than one Deductible Amount applies to sums payable arising from the same incident because more than one Coverage applies you will be responsible for each and every applicable Deductible Amount. 2. Deductible Amounts 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. 3. Your obligation to pay the Deductible Amounts shown on this policy is not fulfilled by a. The payment of a Deductible Amount under any other policy or b. Any payment made by us or another insurance company even if 3.a. or 3.b. above applies to the same incident as the Deductible Amount due under this policy. 4. If more than one policy issued by us applies to sums payable because of a single continuous incident the Deductible Amounts applies separately to each policy that we issue to which this endorsement or a similar Large Deductible Endorsement applies. Deductible Amounts also apply separately to each annual period and any remaining period of less than 12 months as described in B.2. above. 5. Ifa Coverage Part or Additional Coverage of this policy specifically applies a separate deductibles a. the separate additional deductible amount applies to any loss separately and before the Deductible Amounts shown on the Schedule of this endorsement and b. the Deductible Amounts shown on the Schedule of this endorsement applies only if the loss exceeds the separate additional deductible amount described in 5.a. above subject to the other terms and conditions of this endorsement. C. Aggregate Deductible Amount 1. The Aggregate Deductible Amount shown in the Deductible Schedule is the most you must reimburse us for the sum of a. all applicable Deductible Amounts as shown in the Deductible Schedule and b. all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above. This single Aggregate Deductible Amount applies to the entire policy period and to any remaining extension period. 2. Ifan Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as adjustable the final Aggregate Deductible Amount will be determined at the end of the policy period by an audit of your records and will be based upon the Rate shown in the Deductible Schedule multiplied by the final audited Exposure. The amount shown in the Deductible Schedule as the Aggregate Deductible Amount is an estimated amount and is based on an estimate of what the audit of your records will develop. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page 3of 5 | 2 |
D. In no event will the final audited Aggregate Deductible Amount be less than the Aggregate Deductible Amount shown in the Deductible Schedule unless a Minimum Aggregate Deductible Amount is shown in the Deductible Schedule. If a Minimum Aggregate Deductible Amount is shown the final audited Aggregate Deductible Amount will not be less than the Minimum Aggregate Deductible Amount. If an Aggregate Deductible Amount is shown in the Deductible Schedule and is designated as Flat the Aggregate Deductible Amount will not be adjusted. In no event will the Flat Aggregate Deductible Amount be less than or more than the Aggregate Deductible Amount shown in the Deductible Schedule. If no Aggregate Deductible Amount is stated in the Deductible Schedule then your obligation to reimburse us for the sum of all applicable Deductible Amounts as shown in the Deductible Schedule and all applicable allocated loss adjustment expense in accordance with the Allocated Loss Adjustment Expense Selection Schedule above is unlimited. Allocated Loss Adjustment Expense Reimbursement In accordance with the Allocated Loss Adjustment Expense Selection Schedule 1. If Option 1 is selected allocated loss adjustment expense reimbursements made by you contribute to your Deductible Amount and Aggregate Deductible Amount. If Option 2 or Option 3 is selected then you will reimburse us for all or pro rata allocated loss adjustment expense as may apply in accordance with the Allocated Loss Adjustment Expense Selection Schedule above even if the Deductible Amount or the Aggregate Deductible Amount if applicable is exceeded. E.Application of the Deductible Amount to Payable Amounts 1. 2. You will reimburse us for allocated loss adjustment expense according to the option selected in the Allocated Loss Adjustment Expense Selection Schedule. Upon settlement or final adjudication of a claim we will apply the Deductible Amount against payable amounts as follows a. Sums other than those attributable to allocated loss adjustment expense then b. Allocated loss adjustment expense already reimbursed by you then c. Allocated loss adjustment expense yet to be reimbursed by you if applicable. F. Effect of Deductible Amount on Limits of Insurance G. The applicable limits of insurance for the coverage part to which a Deductible Amount applies will be reduced by the Deductible Amount and allocated loss adjustment expense. Conditions 1. Voluntary Payments If you voluntarily make any payment assume any obligation or incur any expense without our consent then you do so at your own cost. Any such voluntary payment assumed obligation or incurred expense does not contribute towards any applicable Deductible Amounts or Aggregate Deductible Amount under this policy. Application of Recovered Amounts rance to recover sums that are reimbursable ury or damages. You will do everything We have your rights and the rights of persons entitled to the benefits of this ins under this endorsement and any Deductible Amount from anyone liable for the i necessary to protect those rights for us and to help us enforce them. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page 4 0f 5 | 2 |
If we recover any payment made under this policy from anyone liable for injury or damages the recovered amount will first be applied to any payments made by us in excess of the Deductible Amount. The remainder of the recovery if any will then be applied to reduce the Deductible Amount reimbursed or reimbursable by you as respects that injury or damages. Payment of Amounts Owed Under This Endorsement a. We may pay any part or all of any Deductible Amounts or allocated loss adjustment expense to effect settlement of any claim and upon notification of the action taken you will reimburse us for such part of any Deductible Amounts or allocated loss adjustment expense as shown on the billing from us. You must pay us for all amounts for which you are responsible under this endorsement and reimburse us for any such amounts that we pay by the due date shown on the billing from us. b If you fail to reimburse us for any amounts as required by this endorsement or policy we may cancel this policy for nonpayment in accordance with the applicable law. Cancellation of this policy does not relieve you from any deductible obligations reimbursable by you. c. The first Named Insured shown in the Declarations is authorized to and will reimburse us for all amounts paid by us on behalf of all insureds. d. Each Named Insured is jointly and severally liable for all reimbursements due to us under this endorsement whether or not that Named Insured is involved in the claim proceeding or suit causing any such amount to be due to us. H. Definitions 1. Allocated loss adjustment expense is an expense directly allocable to a specific claim including but not limited to all supplementary payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for or incurred in connection with all attorneys witnesses experts depositions reported or recorded statements summo service of process legal transcripts or testimony copies of any public records alternative dispute resolution proceedings interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation claims and proceedings and any other fees costs or expenses reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. Incident for purposes of this endorsement only means an occurrence offense claim accident act error or omission common cause disease or any other event as defined or used in our policy to which a Deductible Amounts applies. L. Other Terms The terms of this insurance apply irrespective of the application of any Deductible Amounts including those with respect to and Our right and duty to investigate or defend the insured against any suits seeking those damages b. Your duties in the event of a claim or circumstances likely to result in a claim. You understand that your duties under this endorsement may continue after this policy expires or is cancelled. Jeremias Inc. UGL 1114 Large Deductible 2019.doc Page50f 5 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations is the most available to pay any combination of damages medical expenses and allocated loss adjustment expenses covered by this policy. Various other provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in 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 and allocated loss adjustment expenses is limited as described in Section Ill 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 a Judgments or settlements under Coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. 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 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 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 U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 17 | 0 |
e. 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a 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 b 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. 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide 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. Page 2 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
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. 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 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 17 | 1 |
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. 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 b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 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. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured Page 4 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
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 lll 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. k. Damage To Your Product Property damage to your product arising out of it or any part of it. I. 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. m. 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. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p 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. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 17 Page 5 of 17 | 1 |
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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of 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 lll Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement b. 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 and allocated loss adjustment expenses 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 a Judgments or settlements under coverages A or B b Medical expenses under Coverage C or c Allocated loss adjustment expenses. No other obligation or liability to pay sums or perform acts or services is covered. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Page 6 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
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. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. j Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 17 | 1 |
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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the 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. 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 Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of 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 products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend All expenses we incur. Page 8 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 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 reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage but will reduce the limits of insurance as allocated loss adjustment expenses. 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 settlements or allocated loss adjustment expenses 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 17 Page 9 of 17 | 1 |
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. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c 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 d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees 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. 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. Page 10 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
SECTION Il LIMITS OF INSURANCE 1. 7. 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. 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 c. Damages under Coverage B and d. Allocated loss adjustment expenses arising from a. b. or. above. 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 and allocated loss adjustment expenses arising from claims or suits for damages under coverage A because of bodily injury or property damage included in the products completed operations hazard. Subject to Paragaph 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 and allocated loss adjustment expenses arising from claims or suits for damages under Coverage B. 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 b. Allocated loss adjustment expenses arising from damages under Coverage A and c. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 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 and related allocated loss adjustment expenses. 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. 2. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or 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 aclaim 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 17 | 1 |
c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 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 Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 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. Page 12 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
10. 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. 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. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 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. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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. Duties Claim Settlement and Allocated Loss Adjustment Expenses As soon as our right and duty to defend the insured against any suit seeking damages end you will promptly assume control of the settlement of claims and defense of suits. A list of outstanding claims and suits will be made available to the First Named Insured upon request. 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. Allocated loss adjustment expense is an expense directly allocable to a specific claim and includes but is not limited to all Supplementary Payments as set forth in this policy all court costs fees and expenses all costs fees and expenses for all attorneys witnesses experts depositions reported or recorded statements summonses service of process legal transcripts or testimony copies of any public records alternative dispute resolution interest investigative services non employee adjusters medical examinations autopsies medical cost containment declaratory judgment subrogation and any other fees costs or expenses U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 17 | 1 |
10. reasonably chargeable to the investigation negotiation settlement or defense of a claim or a loss under this policy. 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. Allother 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. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of Page 14 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
11. 12. 13. 14. 15. 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. 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 f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 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 U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 17 Page 15 of 17 | 1 |
16. 17. 18. 19. 20. 21. 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. 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. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 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. 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. 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. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Page 16 of 17 Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1287 B CW 0413 | 1 |
22. Your product 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. 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. Does not include vending machines or other property rented to or located for the use of others but not sold. 23. Your work 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. 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. U GL1287 B CW 0413 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 17 | 1 |
Fungus Exclusion Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury caused directly or in directly in whole or in part by 1. Anyfungusi or spores or 2. Any substance vapor or gas produced by or arising out of any fungusi or spores or 3. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that injury or damage. For purposes of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi. U GL1063 A CW 1201 Pagel of 1 of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. Loss costs 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. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good o edible product intended for human or animal consumption. U GL1171 AC W 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH w Additional Insured Automatic Owners Lessees Or ZURICH Contractors Policy No. Eff. Date of Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. Pol. GLO 9184605 05 01012019 01012020 01012019 03065000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured Jeremias Inc. Address including ZIP Code 983 Industrial Park Drive Marietta GA 30062 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section I Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omis ions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by 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 the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1 We are notified as soon as practicable of an occurrence or offense that may result in a claim We receive written notice of a claim or suit s soon as practicable and A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1 The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions Thi insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section III Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Ins whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Welding Health Hazard Exclusion ZURICH Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Addl. Prem THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Owners and Contractors Protective Liability Coverage Form Coverage For Operations of Designated Contractor Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Form The following additional exclusion is added to 2. Exclusions of Section L. Coverages 2. Exclusions This insurance does not apply to Welding Health Hazard Bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or ex posure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion the following definition applies Welding materials and equipment means 1 Welding machinery or other welding process equipment 2 Welding rods 3 Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GL1205 B CW 108 Page lof | 2 |
Z ZURICH Deductible Additional Coverages Policy No. Eff. Date of Pol. Eff. Date of End. GLO 9184605 05 01012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Deductible Endorsement The following is added to the Deductible Schedule DEDUCTIBLE SCHEDULE Coverage Deductible Amount Basis Additional gy rszs pRODUCTS COMP. OFS. BI PD 12142 Each OCCURRENCE Coverage Additional o5 1o RENTED BUTLDING 12142 Each OCCURRENCE Coverage Additional Each Coverage Additional Each Coverage The following is added to Section A. How the Deductible Amount Applies THE SCHEDULE SHOWN ABOVE IS IN ADDITION TO THE SCHEDULE OF DEDUCTIBLE ON FORM UGL1326 All other terms conditions provisions and exclusions of this policy remain unchanged. U GL1331 A CW 0108 Page 1 of 1 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liabi This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Z ZURICH Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Policy No. ET. Date of Pol. Exp. Date of Pol ET. Date of End. Producer No. AddL. Prem Return Prem GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Exclusion q. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage directly or indirectly arising out of or based upon 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 Transaction 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. B. Exclusion p. Recording And Distribution Of Material Or Information In Violation Of Law of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury directly or indirectly arising out of or based upon 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 Transaction Act FACTA or U GL1517 B CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. U GL1517 B CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Aircraft Products Grounding and Testing Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. Named Insured Address including Zip Code This endorsement modifi insurance provided under the Commercial General Liability Coverage Part Products and Completed Operations Coverage Part This policy does not apply to any bodily injury or property damage arising out of Aircraft Products Grounding or Testing. Aircraft Products means 1 2. 4. aircraft missiles or spacecraft or any other goods or products produced or furnished by the insured for the manufacture repair operation maintenance use or entrustment to others of aircraft missiles or spacecraft including but not limited to the following items A goods or products installed in used in connection with or used as spare parts in aircraft missiles or spacecraft or B ground support and control equipment or C ground handling tools and equipment any training aids instructions manuals blueprints engineering data or engineering advice relating to the items described in 1 and 2 above or any services or labor provided by the insured or by others trading under the insured s name relating to 1.. 2. or 3. above.. PLEASE READ IT CAREFULLY. Grounding means 1. the withdrawal of any aircraft products from flight operations or 2. the imposing of speed passenger or load restrictions on such aircraft products due to the existence of or the alleged or suspected existence of any defect fault or condition in any aircraft products whether the aircraft products withdrawn are owned or o perated by the same or different persons firms or corporations. A grounding begins whichever first occurs 1 on the date that any accident or occurrence results in disclosure of a known or suspected defect fault or condition or 2 on the date the aircraft products are first withdrawn from service due to a known or suspected defect fault or condition Testing means examination observation evaluation or measuring of the performance of aircraft products either while in the air or on the ground. cans iles or spacecraft or ds or products produced or furnished by for the manufacture repair operation use or entrustment to others of aircraft acecraft including but not limited to the ms or products installed in used in on with or used as spare parts in missiles or spacecraft or upport and control equipment or andling tools and equipment aids instructions manuals blueprints lata or engineering advice relating to the adin 1 oand 1. 1n 2. th ol th ol wheth operat corpor A gr 2 which Countersigned Authorized Representative U GL441 B CW 1201 Page I of 1 | 2 |
AIDS Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AddI Prem. Return Prem. GLO 9184605 0 01012019 01012020 03065000 S INCL s THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of SectionI Coverage A Bodily Injury and Property Damage Liability This insurance shall not apply to AIDS Bodily injury or property damage arising out of any actual alleged latent or threatened infection communication contagion or development of or contamination by AIDS.. The following exclusion is added to 2. Exclusions of Section I. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to AIDS Personal and advertising injury arising out of any actual alleged latent or threatened infection communication conta gion or development of or contamination by AIDS.. For purposes of this exclusion the following additional definition applies AIDS means any one or more of the following A. Human T cell Leukemia Virus HTLV B. Human Immunodeficiency Virus HIV C. Acquired Immune Deficiency Syndrome AIDS D. AIDS related complex ARC or any disease or condition arising out of or associated with any of these. U GL98 BCW 804 Page Lof | 2 |
Z ZURICH Claim Series Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Section L. Coverage A Bodily Injury and Property Damage is amended to include the following All occurrences which result in a series of claims or suits that the insured becomes legally obligated to pay as damages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be just one occurrence regardless of the total number of a. insureds b. claims made or suits brought. persons or organizations making claims or bringing suits or d. potential occurrences that might otherwise have applied in the absence of this endorsement. The following additional Definition is added Common Cause or Condition means the same or similar design error omission or defect manufacturing defect or failure by the insured to warn of a potential hazard in or of your products or your work. U GL911 B CW 905 Page I of 1 | 2 |
Electromagnetic Radiation Exclusion te of Pol Eff. Date of End. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. The following exclusion is added to 2. Exclusions of Section I Coverage A Bodily Injury and Property D amage Liabil ity This insurance shall not apply to Electromagnetic Radiation Any liability for bodily injury or property damage based upon or arising out of electromagnetic fields electromag netic radiation or electromagnetism. 2. The following exclusion is added to 2. Exclusions of Section L. Coverage B Personal and Advertising Injury Liability This insurance shall not apply to Electromagnetic Radiation Any liability for personal and advertising injury based upon or arising out of electromagnetic fields electromagnetic radiation or electromagnetism 3. For purposes of this exclusion the following definitions apply a. Electromagnetic fields means any field or force made up of associated electric and magnetic components b. Electromagnetic radiation means any succession of electromagnetic waves. Electromagnetism means magnetism developed by a current of electricity. U GL914 B CW 804 Page Lof | 2 |
Silica or Silica Mixed Dust Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 9184605 05 01012019 01012020 03065000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or L costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica o silica flour. U GL923 B CW 604 Page 1 of Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DEFENSE WITHIN LIMITS NOTICE UNLIKE MOST LIABILITY INSURANCE POLICIES IN WHICH PAYMENT OF DEFENSE COSTS DOES NOT REDUCE THE POLICY LIMITS THIS POLICY CONTAINS A DEFENSE WITHIN THE LIMITSPROVISION. THE PROVISION INCLUDES THE INSURER S COSTS FOR PROVIDING LEGAL DEFENSE AGAINST A CLAIM ALONG WITH ANY CLAIM SETTLEMENT AMOUNT WITHIN THE STATED POLICY LIMITS. WE HAVE THE RIGHT AND DUTY TO DEFEND THE INSURED A GAINST ANY SUIT SEEKING DAMA GES FOR BODILY INJURY OR PROPERTY DAMAGE TO WHICH THIS INSURANCE APPLIES. HOWEVER ONCE THE POLICY LIMIT IS REACHED THE INSURER S RESPONSIBILITY TO PAY ANY FURTHER AMOUNTS FOR DEFENSE COSTS OR FOR ANY DAMAGESTHAT MAY BE AWARDED ENDS EXCEPT THAT THE INSURER WILL PAY DAMAGES FOR STATUTORILY REQUIRED LIABILITY INSURANCE TO THE LIMIT REQUIRED BY LAW. U GU739 A CW 906 Page L of | 2 |
COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section I Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section I Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Page 1of 1 CG 012303 97 Copyright Insurance Services Office Inc. 1996 | 2 |
COMMERCIAL GENERAL LIABILITY CG 01 34 08 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions under Section Coverage A Bodily Injury And Property Damage Liability Coverage and to Subparagraph m. Pollution of Paragraph 2. Exclu sions under Section Coverage B Personal And Advertising Injury Liability or to any amendment to or re placement thereof This Pollution Exclusion applies even if such irritant or contaminant has a function in your business operations premises site or location. CG 013408 03 ISO Properties Inc. 2003 Page 10f 1 m | 2 |
POLICY NUMBER GLO 9184605 05 POLICY NUMBER GLO 9184605 05 COMMERCIAL GENERAL LIABILITY CG01540413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION SCHEDULE Pollution Liability Aggregate Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. CG01540413 A. The following is added to Section 1 Coverages Coverage D Pollution Bodily Injury And Property Damage 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 included within the pollution liability hazard to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the Pollution Liability Aggregate Limit in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicity provided for under Supplementary Payments Coverages A B and D. 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 3 A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph c. below during the policy period.. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make a settlement in accordance with Paragraph 1.a. above. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for damages because of property damage causing loss to the same person or organizaton as a result of an occurrence will be deemed to have been made at the time the first of those claims is made against any insured. Al claims for injury or damage arising out of a discharge release or escape of pollutants including all injury or damage arising out of all subsequent exposure of persons and property to such pollutants shall be deemed to have been made at the time the first of those claims is made against any insured. Insurance Services Office Inc. 2012 Page 1of 4 Page 1of 4 | 2 |
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 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 or 2 That the insured would have in the absence of the contract or agreement. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. 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 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. 14 e. 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 to claims against any insured that allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which resulted in 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 definiton of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Page 2 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
f. 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.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war or 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. 3. 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 or 4 Personal property in the care custody or control of the insured. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a sidetrack agreement. Products Completed Operations Hazard Bodily injury or property damage included within the products completed operations hazard. j Statutory Or Regulatory Clean up Costs Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a 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. k. Bodily Injury Or Property Damage Bodily injury or property damage which are covered under Coverage A Bodily Injury And Property Damage Liability. B. Supplementary Payments Coverages A And B is replaced by the following Supplementary Payments Coverages A B And D We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. All expenses we incur. 2. 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. 3. 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. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. 2 CG 01540413 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
5. 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. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 7. 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.. The following is added to Section Ill Limits Of Insurance The Pollution Liability Aggregate Limit is the most we will pay under Coverage D for all damages because of injury and damage for which claim is first made during the policy period. D. Paragraph 4. Other Insurance of Section IV Conditions is amended as follows Al references to Coverage A or B are amended to read Coverage A B or D. E. The following additional definition applies Pollution liability hazard means all bodily injury and property damage arising out of the discharge release or escape of pollutants at or from a. Premises you own rent or occupy or b. Any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations. Page 4 of 4 Insurance Services Office Inc. 2012 CG 01540413 | 2 |
COMMERCIAL GENERAL LIABILITY CG 2106 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG 2106 05 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER GLO 9184605 05 POLICY NUMBER GLO 9184605 05 COMMERCIAL GENERAL LIABILITY CG211604 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description Of Professional Services 1. ALL PROFESSIONAL SERVICES With respect to any professional services shown in the Schedule the following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury due to the rendering of or failure to render any professional service. Information required to complete this Schedule if not shown above will be shown in the Declarations. 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. CG 21160413 Insurance Services Office Inc. 2012 Page 1of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10f 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 214909 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorse ment modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape 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 b Claim or suit by or on behalf of a govern mental authority for damages because of leslmg for monitoring cleaning up re mov ing containing treating detoxifying or neutralizing or in any way responding to or as ing the effects of pollutants. Page 1of 1 CG 214909 99 Copyright. Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21550999 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorse ment modifies surance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by the foliowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from ahostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any in sured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcon tractors working directly or indirectly on any insured s behalf are performing opera tions to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or ass the effects of pollutants. 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 govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Page 1of 1 CG 215509 99 Copyright Insurance Services Office Inc. 1998 | 2 |
COMMERCIAL GENERAL LIABILITY CG21730115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act 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.. 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. 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. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21730115 Insurance Services Office Inc. 2014 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 880115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism.. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act 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.. 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. 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. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 26 880115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was com puted based on rates in effect at the time the policy was issued. On each renewal continuation or anni versary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. IL 00 03 09 08 ISO Properties Inc. 2007 Page 10f 1 m | 2 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all pre miums 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. Pagelof1 O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
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. The insurance does not apply A. Under any Liability Coverage to bodily injury C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous 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 Association properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom Mutual Atomic Energy Liability Underwrit 2 The nuclear material is contained in spent ers Nuclear Insurance Association of Can fuel or waste at any time possessed han ada or any of their successors or would be dled used processed stored transported an insured under any such policy but for its or disposed of by or on behalf of an in termination upon exhaustion of its limit of li sured or ability or 3 The bodily injury or property damage 2 Resulting from the hazardous properties arises out of the furnishing by an insured of nuclear material and with respect to 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 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. by the United States of America or any 2 agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 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. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 0f 2 m | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of 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 packaging waste c d 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 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 forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 02 62 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GEORGIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph A.1. of the Cancellation Common Our notice will state the effective date of Policy Condition is replaced by the following cancellation which will be the later of the 1. The first Named Insured shown in the following Declarations may cancel this policy by mailing 1 10 days from the date of mailing or or delivering to us advance written notice of delivering our notice or cancellation stating a future date on which the 2 The effective date of cancellation stated policy is to be cancelled subject to the in the first Named Insured s notice to us. following N B. Paragraph A.5. of the Cancellation Common a. If only the interest of the first Named i o i Insured is affected the effective date of Polioy Cundmun is replaced by the following 5. Premium Refund cancellation will be either the date we receive notice from the first Named Insured or the date specified in the notice whichever is later. However upon receiving a written notice of cancellation from the first Named Insured we may waive the requirement that the notice state the future date of cancellation by confirming the date and time of cancellation in writing to the first Named Insured. b. If by statute regulation or contract this policy may not be cancelled unless notice is given to a governmental agency mortgagee or other third party we will mail or deliver at least 10 days notice to the first Named Insured and the third party as soon as practicable after receiving the first Named Insured s request for cancellation. a. If this policy is cancelled we will send the first Named Insured any premium refund due. b. If we cancel the refund will be pro rata except as provided in c. below. c. If the cancellation results from failure of the first Named Insured to pay when due any premium to us or any amount when due under a premium finance agreement then the refund may be less than pro rata. Calculation of the return premium at less than pro rata represents a penalty charged on unearned premium. d. If the first Named Insured cancels the refund may be less than pro rata. e. The cancellation will be effective even if we have not made or offered a refund. IL 02 62 02 15 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
C. The following is added to the Cancellation Common Policy Condition and supersedes any other provisions to the contrary If we decide to 1. Cancel or nonrenew this policy or 2. Increase current policy premium by more than 15 other than any increase due to change in risk exposure or experience modification or resulting from an audit of auditable coverages or 3. Change any policy provision which would limit or restrict coverage then We will mail or deliver notice of our action including the dollar amount of any increase in renewal premium of more than 15 to the first Named Insured and lienholder if any at the last mailing address known to us. Except as applicable as described in Paragraph D. or E. below we will mail or deliver notice at least a. 10 days before the effective date of cancellation if this policy has been in effect less than 60 days or if we cancel for nonpayment of premium or b. 45 days before the effective date of cancellation if this policy has been in effect 60 or more days and we cancel for a reason other than nonpayment of premium or c. 45 days before the expiration date of this policy if we decide to nonrenew increase the premium or limit or restrict coverage. D. The following provisions apply to insurance covering residential real property only provided under the Capital Assets Program Output Policy Coverage Part Commercial Property Coverage Part Farm Coverage Part if the named insured is a natural person. With respect to such insurance the following is added to the Cancellation Common Policy Condition and supersedes any provisions to the contrary except as applicable as described in Paragraph E. 1. When this policy has been in effect for 60 days or less and is not a renewal with us we may cancel for any reason by notifying the first Named Insured at least 10 days before the date cancellation takes effect. 2. When this policy has been in effect for more than 60 days or at any time if it is a renewal with us we may cancel for one or more of the following reasons a. Nonpayment of premium whether payable to us or to our agent b. Upon discovery of fraud concealment of a material fact or material misrepresentation made by or with the knowledge of any person insured under this policy in obtaining this policy continuing this policy or presenting a claim under this policy c. Upon the occurrence of a change in the risk which substantially increases any hazard insured against or d. Upon the violation of any of the material terms or conditions of this policy by any person insured under this policy. We may cancel by providing notice to the first Named Insured at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 45 days before the effective date of cancellation if we cancel for any of the reasons listed in b. c. or d. above. E. With respect to a policy that is written to permit an audit the following is added to the Cancellation Common Policy Condition If you fail to submit to or allow an audit for the current or most recently expired term we may cancel this policy subject to the following 1. We will make two documented efforts to send you and your agent notification of potential cancellation. After the second notice has been sent we have the right to cancel this policy by mailing or delivering a written notice of cancellation to the first Named Insured at least 10 days before the effective date of cancellation but not within 20 days of the first documented effort. 2. If we cancel this policy based on your failure to submit to or allow an audit we will send the written notice of cancellation to the first Named Insured at the last known mailing address by certified mail or statutory overnight delivery with return receipt requested. Page 2 of 2 Insurance Services Office Inc. 2014 IL 02 62 02 15 | 2 |
Z ZURICH Policyholder Notice General Liability Access Or Disclosure Of Confidential Or Personal Information Exclusions This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is a conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new endorsements which applies to your renewal policy being issued by us CG 21 06 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CG 21 07 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. Under Coverage B Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 21 08 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial General Liability Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. U GL2110 A CW 0115 Page 10f 2 | 2 |
CG 04 37 05 14 Electronic Data Liability For Use With The Commercial General Liability Coverage Part With respect to damages arising out of any access to or disclosure of any person s or organization s confidential or personal information when this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Under Coverage B Personal And Advertising injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction of coverage. CG 33 53 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. CG 33 59 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Owners And Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of any person s or organization s confidential or personal information. This is a reinforcement of coverage intent. Coverage is also excluded for damages because of bodily injury arising out of loss loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This is a reduction of coverage. U GL2110 A CW 0115 Page 2 of 2 | 2 |
COMMERCIAL INSURANCE CANCELLATION BY US This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided by the following BOILER AND MACHINERY COVERAGE FORM BUSINESS AUTO COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL INLAND MARINE COVERAGE FORM COMMERCIAL PROPERTY COVERAGE FORM FARM COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM MOTOR CARRIER COVERAGE FORM POLLUTION LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM TRUCKERS COVERAGE FORM SCHEDULE Number of Days Notice 45 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorse ment. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2 of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. U GU298 B CW 494 Page 1 of | 2 |
Z ZURICH Pollution Liability Exclusion Disclosure Notice This insurance policy does not apply to or provides very limited coverage as respects pollution liability. You should refer to the specific pollution liability policy exclusions or pollution liability exclusion endorsements of your policy for determination of specific terms and conditions as respects exclusion of any pollution liability exposures that you may have. The policy exclusions of the Commercial General Liability Coverage Part apply to pollution exposures in the coverage territory unless replaced or modified as indicated in the applicable endorsement by one or more of the following pollution exclusion endorsements. The pollution exclusion endorsements that are checked XJ apply to pollu tion exposures in the indicated areas of the coverage territory X Total Pollution Exclusion Endorsement ISO Form All states in the coverage territory except CG2149 HLIL ME MN VT TX XITotal Pollution Exclusion Hostile Fire Exception All states in the coverage territory except 1SO Form CG 21 55 XI Only applicable in the following states IL MN VT. Total Pollution Exclusion with a Building Heating All states in the coverage territory except Equipment Exception and a Hostile Fire Exception SO Form CG 21 65 Only applicable in the following states XITotal Pollution Exclusion Hostile Fire Exception ISO Form CG 21 55 Total Pollution Exclusion with a Building Heating Equipment Exception and a Hostile Fire Exception 1SO Form CG 21 65 Other State Endorsements X Indiana Changes Pollution Exclusion ISO Form Indiana CG 0123 X Missouri Changes Pollution Exclusion ISO Form X Missouri CG 01 34 or Missouri Changes Gasoline Risks Pollution Exclusion Missouri ISO Form CG 01 35 X Vt. Changes Pollution ISO form CG 01 54 Vermont Other Applicable in the following states Assuming risk does not qualify as a large risk according to Texas law Indiana Missouri U GL1203 A CW 404 Page I of 1 | 2 |
Z ZURICH Insured Name Jeremias Inc. Policy Number GL09184605 05 Effective Date 01012019 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA Not Applicable Terrorism Exclusion applies Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 Januaryl 2018 December 31 2018 federal share 82 Januaryl 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 Disclosure of 100 Billion Cap on All Insurer and Federal Obligations attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such 1 hat exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. If aggregate insured los Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terroris 2. To be a violent act or an act that is dangerous to human life property or infrastructure wio VL R Eadit AL e AL Al iR At S 2 AR U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 20f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page I of 1 | 2 |
Libes Mutudl LSIPOLJKT Ed. 2012 LIBERTY SURPLUS INSURANCE CORPORATION RAILROAD GENERAL LIABILITY In Witness Whercof we have caused this policy to be signed by its President and Sccretary. el T Ao0do PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey Liberty Surplus Insurance Corporation 175 Berkeley Street Boston MA 02116 Toll free number 1 800 677 9163 PRESIDENT Matthew P. Dolan Liberty Surplus Insurance Corporation 175 Berkeley Street Boston MA 02116 Toll free number 1 800 677 9163 Ed. 2012 | 2 |
Liberty N. N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock In nce Company hereinafte the Compa A 02116 sumber 1.800 677 9163 Policy Number Broker Name and Address Renewal of 1st Yr. Liab. Pol. GLHV452159 7 R T SPECIALTY LLC GLHV452159 6 2014 1100 Walnut Street Suite 3200 Kansas City MO 64106 Item 1. Named Insured Freedom Railcar Solutions LLC Address 250 South Castle Rock Lane Mustang OK 73064 First Named Insured Freedom Railcar Solutions LLC The Named Insuredis Individual O Partnership B LLC O Anorganization other than a Partnership Joint Venture or LLC ure Insured Business of the Insured is Railroad Repair Item 2. Policy Period From June 20 2020 To June 20 2021 1201 AM standard time at the address of the Named Insured as stated herein Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT Other than Products Completed Operations 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 BODILY INJURY AND PROPERTY DAMAGE LIABILITY Each Occurrence 2000000 DAMAGES TO PREMISES RENTED TO YOU LIMIT Each Occurrence 50000 PERSONAL INJURY AND ADVERTISING INJURY E MEDICAL PAYMENTS h Occurrence 52000000 5000 Item 4. DEDUCTIBLE AMOUNT The Deductible Amount is 5000 Per Occurrence including Loss Adjustment Expense Item 1. PREMIUM 7.00 rate per 1000 of Revenue Classifications or Premium Basis Certified TRIA Locations Revenues Rate Premium Policy Premium Railcar 2500000 10.86 per 1000 of Revenue 1358 28508 Repair Cleaning up to 2500000 N GL 1001 0701 | 2 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company MINIMUM PREMIUM 27150 DEPOSIT PREMIUM 27150 This policy is issued by a surplus lines insurer. In the event of insolvency of the insurer this insurance is not Covered by the Guaranty Fund or Guarantee Association. In consideration of the payment of premium and in reliance upon statements made in the application this policy including all endorsements issucd herewith shall constitute the contract between Company and the Named Insured. This policy is valid only if signed below by a duly authorized representative of the company. This policy including all endorsements issued herewith is hereby countersigned by HAmes r o PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey June 242020 Date Qm PRESIDENT VICEP Matthew P. Dolan I GL 1001 0701 | 2 |
Liberty N. S Mutual. RONSHORE Railroad General Liability INSURANCE Alibety Mutual Company LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company 175 Berkeley Street Boston Toll Free number 1 800 6 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carcfully 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 I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a Wie 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 applics. We will have the right and duty to defend the insured against any suit sccking those damages. However we will have no duty to defend the insured against any suit secking 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 111 Limits Of Insurance and 2 Our rightand duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments o settlements under Coverages A or B or medical expenses under Coverage C. No other obligation o 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 applics 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 petiod and 3 Prior to the policy period no insured listed under Paragraph 1. of Section 11 Who Is An Insured and no cmployee authorized by you to give or receive notice of an occutrence or claim knew that the bodily injury or property damage had occurred in whole or in part. I such a listed insured or authorized employec knew prior to the policy period that the bodily injury or property damage occurred then any continuation change of 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. CG 00010413 Insurance Services Office Inc. | 0 |
Libe AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 11 Who Is An Insured or any employce authorized by you to give or reccive 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. Bodily injury or property damage will be deemed to have been known to have occurred at the carliest time when any insured listed under Paragraph 1. of Section 1 T Who Is An Insured or any employee authorized by you to give or reccive 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 of claim for damages because of the bodily injury or property damage or 3 Becomes awate by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 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 doces not apply to bodily injury resulting from the usc of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply o 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 exceution 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 Liability to such par assumed in the same for or for the cost of that party s defense has also been insured contract and b 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 applics are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of e CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 distribution or use of 3 Any satute ordinance or regulation relating to the sale gift alcoholic beverages. This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in x The supervision hiting employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect o any person that may be under the influence of alcohol if the occurrence which caused the bodily injury o property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you arc 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 fec is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of Employment by the insured or b Performing dutics related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that Paragraph 1 above. employee as a consequence of This exclusion applics whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someonc clse who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal scepage migration release or escape of pollutants At or from any premises site or location which is or was at any time owned or occupicd by or rented or loaned to any insured. However this subparagraph docs not apply to CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from cquipment that is used to heat cool or dehumidify the building or cquipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you arc 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 sit or location is not and never was owned or occupicd by or rented or loaned to any insured other than that additional insured or i Bodily inju a hostile fire or property damage arising out of heat smoke o fumes from At or from any premises sitc 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 Anyinsured or ii Any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises sitc or location in connection with such operations by such insured contractor or subcontractor. However this subpatagraph does not apply to Bodily injury or property damage arising out of the escape of fucls lubricants or other operating fluids which are needed to perform the normal clectrical hydraulic or mechanical functions necessary for the operation of mobile cquipment or its parts if such fucls lubricants or other operating fluids escape from a vehicle part designed to hold store or reccive 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 fucls lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company h. operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize o in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any 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 cffects 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. Aircraft Auto Or Watercraft Bodil 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. injury This exclusion applics even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring cmployment 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 loancd to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises 2 A watercraft you do not own that is 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 loancd to you of the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily inju or property damage arising out of The operation of machinery or cquipment that is attached to or part of a land vehicle that would qualify under the definition of mobile cquipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery o cquipment listed in Paragraph.2 or 3 of the definition of mobile cquipment. Mobile Equipment Bodily inju or property damage arising out of CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 1 The transportation of mobile equipment by an auto owned or operated by or rented or loancd to any insured or 2 The use of mobile cquipment 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 dircctly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or cntity for repair replacement cnhancement 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 scll give away or abandon if the property damage arises out of any part of those premiscs 3 Property loancd to you 4 Personal property in the care custody or control of the insured 5 Tha particular part of real property on which you or any contractors or subcontractors working dircctly or indircctly on your behalf are performing operations if the property damage arises out of those operations or 6 Tha 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 firc o premises including the contents of such premises rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applics to Damage To Premises Rented To You as described in Section 11 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. k. Damage To Your Product Property damage o your product arising out of it or any part of it. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company L 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. m. 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. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of usc 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. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inabil ity to manipulate clectronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion clectronic 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 arc used with clectronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising dircctly or indirectly out of any action or omission that violates o is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law B CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 1 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 addresscs prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material o 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 applics to this coverage as described in Section I Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Insuring Agreement a Wie will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applics. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit secking 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 111 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 o settlements under Coverages A or B or medical expenses under Coverage C. No other obligation o 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 applics 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. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the dircction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an impliecd contract to use another s advertising idea in your advertisement Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business i 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 purposcs of this exclusion the placing of frames borders or links or advertising for you ot others anywhere on the Internet is not by itsclf considered the business of advertising broadcasting publishing or telecastiny Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an clectronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product CG 00010413 Insurance Services Office Inc. | 1 |
Libe N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company Personal and advertising injury arising out of the unauthorized use of another s name or product in your mail address domain name or metatag o any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatencd discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution related Any loss cost or expense atising 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 cffects 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 cffects of pollutants. o. War Personal and advertising injury however caused atising directly or indircctly 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 sovercign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising dircctly or indircctly 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 o local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresscs prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material o information COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a Wie 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 of rent or CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty MutualCompany 3 Because of your operations provided that The accident takes place in the coverage territory and duting the policy periods b The expenses arc incurred and reported to us within one year of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably requite. 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 funcral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured o a tenant of any insured. Injury On Normally Occupicd Premises To a person injured on that part of premises you own or rent that the person normally occupics. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury arc payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a All expenses we incur. o CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applics. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of carnings up to 250 a day because of time off from work. All court costs taxed against the insured in the suit However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. 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. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met b. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applics 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 indemaitee 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 indemnitec and The indemnitee 1 Agrees in writing to Cooperate with us in the investigation scttlement o defense of the suit b Immediately send us copics of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available o the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and. CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company b Conduct and control the defense of the indemnitee in such suit So longas 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 Scction I 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 scttlements or the conditions set forth above or the terms of the agreement described in Paragraph. above are no longer met. SECTION II 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 arc also insureds but only with respect to the conduct of your business. c Alimited 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 dutics as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your exccutive officers and directors arc 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 dutics as trustees. Each of the following is also an insured Your volunteer workers only while performing duties related to the conduct of your business or your cmployees other than cither your exccutive officers if you arc 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 dutics 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 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 dutics related o the conduct of your business or to your other volunteer workers while performing dutics related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a abovi CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company b. For which there is any obligation to share damages with or repay someone clse who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property x Owned occupiced 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 employces volunteer workers any partner or member if you arc a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you dic but only 1 With respect to liability arising out of the maintenance or s of that property and 2 Unil your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a b. 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 carlicr Coverage A docs not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and adverdising 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 III LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a b. c Insureds Claims made ot suits brought or Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a Medical expenses under Coverage C CG 00010413 Insurance Services Office Inc. | 1 |
Liberty AN Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 6. 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. 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. 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. Subject to Paragraph 2. or 3. above whichever applics 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. 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. 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 cach consceutive 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 ot relieve us of our obligations under this Coverage Patt. 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 chaim 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 s as soon as practicable. nan nan nan nan 6.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 reccived in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To suc us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may suc 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 arc 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. 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 Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Firc insurance for premises rented to you or temporarily occupicd by you with permission of the owner iil 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 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 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 1 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 insurcd 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 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. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach cach 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 cach insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurts. Premium Audit a b. Wi will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of cach audit period we will compute the carned 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 duc date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the carned premium we will return the excess to the first Named Insured. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a b. c The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and Wie have issued this policy in reliance upon your representations. CG 00010413 Insurance Services Office Inc. | 1 |
Railroad General Liability ibe KN Mutual. RONSHORE SURANCE AlLiberty Mutual Company 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 cach Named Insured were the only Named Insured and b. Separately to cach insured against whom chaim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights arc transferred to us. The insured must do nothing after loss to impait them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 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 supportets. For the purposes of this definition a Notices that are published include material placed on the Internet or on similar clectronic 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 o supporters is considered an advertisement. 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 o other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodil injury means bodily injury sickness or discase 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 Pucrto Rico and Canada b. International waters o aitspace 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 Patagraph a. above 2 The activitics of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your busines s or CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 6. 3 Personal and advertising injury offenses that take place through the Internet or similar clectronic 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 of in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Exccutive 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. Insured contract mean a A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifics any person or organization for damage by fite to premises while rented to you ot temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c Any casement or license agreement except in conncction 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 clevator maintenance agreement That part of any other contract of 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. docs not include that part of any contract or agreement 1 That indemnifics a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 fect of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifics an architect engineer o surveyor for injury or damage arising out of x Prepating approving or failing to prepare or approve maps shop drawings opinions reports surveys ficld orders change orders or drawings and specifications or nan nan nan nan 6.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 10. 11. 12. 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 engincer 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 engincering activitics. 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 remporary worker. Loading or unloading means the handling of property a b. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered 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 cquipment means any of the following types of land vehicles including any attached machinery or cquipment a b. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on of next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether sclf 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 Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permancntly attached cquipment 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. 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 Snow removal nan nan nan nan 10.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N Mutual IRONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 14. 16. b Road maintenance but not construction or resurfacing or 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 cquipment. 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. Oceurrence 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 one or more of the following offense arising out of a False arest detention or imprisonment b. Malicious prosccution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premiscs that a person occupics committed by or on behalf of its owner landlord o 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 The use of another s advertising idea in your advertisement or e Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclimed. 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 carliest of the following times x 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 sitc. When that part of the work done ata job site has been put to its intended use by any person o organization other than another contractor or subcontractor working on the same project. nan nan nan nan 16.0 CG 00010413 Insurance Services Office Inc. | 1 |
i Liberty N Mutual. RONSHORE. Railroad General Liability INSURANCE Aliberty Mutal Company 17. 18. 19. 20. 21. Wotk 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 o the General Aggregate Limi 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 if 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 clectronic data is not tangible property. As used in this definition clectronic 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 arc used with clectronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applics are alleged. Suit includes a An arbitration proceeding in which such damages are claimed and to which the insured must submit o does submit with our consent or b. Any other alernative dispute resolution proceeding in which such damages are chimed and to which the insured submits with our consent. Temporary worker means a person who s furnished to you to substitute for a permanent employee on leave or to meet scasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fec salary or other compensation by you or anyone clse for their work performed for you. Your product Means 1 Any goods or produc or disposed of by You other than real property manufactured sold handled distributed b Others trading under your name or A person or organization whose business or assets you have acquired and nan nan nan nan 19.0 nan nan nan 20.0 nan nan nan nan 21.0 CG 00010413 Insurance Services Office Inc. | 1 |
Liberty N. Mutudl. RONSHORE Railroad General Liability INSURANCE Aliberty Mutal Company 2 Conainers other than vehicles materials patts or cquipment furnished in connection with such goods or products. b. Includes 1 Warrantics or representations made at any time with respect to the fitness quality durability performance o use of your product and 2 The providing of or failure to provide warnings o instructions. c Does not include vending machines o other property rented to o located for the use of others but not sold. 2. Yourwork a Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or cquipment furnished in connection with such work or operations. b. Includes 1 Warrantics o 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 o instructions. In witness whereof the company has caused this policy to be signed by its President and its Secretary at Boston Massachusetts and countersigned by a duly authorized representative of the company HAmes r o PRESIDENT VICE PRESIDENT and SECRETARY Matthew P. Dolan Mark C. Touhey nan nan nan nan 22.0 CG 00010413 Insurance Services Office Inc. | 1 |
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