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CG 00010413 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 1o or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for cdamages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding 1o or assessing the effects of poliutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly oUt of any action or omission that violates or is alleged o 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 Any federal state or local statule ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 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. 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 1o Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Page 7 of 16 72 0000759 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7206182500 74EN 13269 INSURED COPY | 1 |
CG 00010413 COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of faull. These payments will nol exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. 1. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include atlorneys fees or atlomeys expenses taxed against the insured. 1. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Page 8 of 16 ACP GLAO7206182500 Insurance Services Office Inc. 2012 T4EN 13269 INSURED COPY CG 00010413 72 0000760 | 1 |
CG 00010413 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 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 1o 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 seitlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business.. 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. g. All inferest 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 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. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist belween the interests of the insured and the interests of the indemnitee. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel o defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation seltlement 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 lo coordinating other applicable insurance available 1o 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. o CG 00010413 Insurance Services Office Inc. 2012 ACP GLA07206182500 74EN 13269 INSURED COPY Page 9 of 16 72 0000761 | 1 |
CG00010413 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 1o 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 pariners or members if you are a partnership or joint venture 1o your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above 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 Arising out of his or her providing or falling 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 aver which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b. 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 commitied 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 lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A excepl damages because of bodily injury or property damage included in the products completed operations hazard and. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 ACP GLAO7206182500 74EN 13269 INSURED COPY CG 00010413 72 0000762 | 1 |
CG 00010413 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see 1o it that we receive written notice of the claim or suit as soon as practicable.. 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 1o 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. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a parly 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 seitlement 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 setilement means a setilement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limil is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Parl. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 11 of 16 72 0000763 | 1 |
CG 00010413 4. Other Insurance It other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i 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 1o defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied 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.. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the eamed premium we will return the excess to the first Named Insured c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 ACP GLAG7206182500 7AEN 13269 INSURED COPY CG 00010413 72 0000764 | 1 |
CG 00010413 However aulo does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility 1o pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a seltlement 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 b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew It we decide not 1o 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 betfore the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web sile thal is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. CG00010413 Insurance Services Office Inc. 2012 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 13 of 16 72 0000785 | 1 |
CG 00010413 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 Thatindemnifies 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 frestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily 1o provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. Page 14 of 16 ACP GLAO7206182500 Insurance Services Office Inc. 2012 74EN 13269 INSURED COPY CG 00010413 72 0000766 | 1 |
CG 00010413 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalied equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 3 However self propelled vehicles with the following types of permanently attached equipment are not mabile 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 1o a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and adverlising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy 1. The use of another s advertising idea in your advertisement or Infringing upon another s copyright rade dress or slogan in your advertisement. 15.Poliutants 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. g CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 15 of 16 72 0000767 | 1 |
CG 00010413 18. 19. 20. 21. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from 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 adverlising 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 substitule for a permanent employee on leave or to meel seasonal or shorl term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. All terms and conditions of this policy apply unless modified by this endorsement. Page 16 of 16 ACP GLAO7206182500 Insurance Services Office Inc. 2012 74EN 13269 INSURED COPY CG 00010413 72 0000768 | 1 |
CG 01 16 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES APPRAISAL This endorsement modifies insurance provided under the following RAILROAD PROTECTIVE LIABILITY COVERAGE PART The Appraisal Condition is replaced by the following 1. Appraisal If we and you fail to agree on the value of the property or the amount of loss both parties may agree to an appraisal of the loss within sixty 60 days after proof of loss is filed. However an ap praisal will be made only if both we and you agree voluntarily to have the loss appraised. In this event each party will select a competent ap praiser. The two appraisers will select a compe tent and impartial umpire. The appraisers will state separately the value of the property and the amount of loss. If they fail to agree both parties will submit their differences to the umpire. Any out come of the appraisal will not be binding on either party. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal we will retain our right to deny the claim. Copyright Insurance Services Office Inc. 1998 CG 01 16 02 99 ACP GLAO7206182500 74EN 13269 INSURED COPY | 2 |
COMMERCIAL GENERAL LIABILITY CG 01441011 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES This endorsement modifies insurance provided under the following COMMERCGIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The Legal Action Against Us Condition Section IV Conditions is replaced by the following Legal Action Against Us No person or organization has a right under this Coverage Part to join us as a party or otherwise bring us into a suit asking for damages from an insured. A person or organization may sue us 1o 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 settiement means a setflement and release of liability signed by us the insured and the claimant or the claimant s legal representative. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 72 0000770 CGo1441011 Insurance Services Office Inc. 2011 ACP GLAO7206182500 74EN 13269 INSURED COPY | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 04351207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies to damages only if 1 The act error or omission is negligently 2 committed in the administration of your employee benefit program The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or CG 04351207 ACP GLAO7206182500 74EN 13269 Page 10f6 72 0000771 INSURED COPY | 2 |
CG 04351207 2 When we make settlement in accor dance with Paragraph a. above. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy pe riod if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal represen tative is appointed. CG 04 35 12 07 72 0000772 Page 2 of 6 ACP GLAO7206182500 74EN 13269 INSURED COPY | 2 |
CG 04351207 The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Sched c. Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Endorsement. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. b. Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section HI Limits Of Insurance is replaced by the following 1. Limits Of Insurance a. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits 4 Acts errors or omissions or 5 Benefits included in your employee benefit program. b. The Aggregate Limit is the most we will pay for all damages because of acts errors or omissions negligently committed in the administration of your employee benefit program. c. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one em ule applies to all damages sustained by any one employee including such em ployee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. ployee including damages sustained by E. For the purposes of the coverage provided by this such employee s dependents and benefi endorsement Conditions 2. and 4. of Section IV ciaries as a result of Commercial General Liability Conditions are 1 An act error or omission or replacefj by the following 2 A series of related acts errors or omis 2. Duties In The Event Of An Act Error Or sions Omission Or Claim Or Suit negligently committed in the administra a. You must see to it that we are notified as tion of your employee benefit program. soon as practicable of an act error or omis However the amount paid under this en sion which may result in a daim. To the dorsemet shall not egceed and will be extent possible notice should include subject to the limits and restrictions that 1 What ghe act err.or or omission was and apply to the payment of benefits in any plan when it occurred and included in the employee benefit program CG 04 35 12 07 Page 3 of 6 ACP GLAO7206182500 74EN 13269 INSURED COPY 72 0000773 Page 3 of 6 72 0000773 INSURED COPY | 2 |
CG 04351207 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or seftlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur ance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method de scribed in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance We will share the remaining ioss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. if any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. 2 Page 4 of 6 ACP GLAQ7206182500 CG 04351207 72 0000774 INSURED COPY 74EN 13269 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect uniess you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. CG 04 35 12 07 The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits of Insurance. Paragraph D.1.b. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.1.c. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroli deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax doliars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ACP GLAD7206182500 74EN 13269 Page 5 of 6 72 0000775 INSURED COPY | 2 |
CG 04351207 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 18. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. All terms and conditions of this policy apply unless modified by this endorsement. CG 04351207 72 0000776 Page 6 of 6 ACP GLAO7206182500 S0 Properties Inc. 2006 INSURED COPY 74EN 13269 | 2 |
COMMERCIAL GENERAL LIABILITY CG2147 1207 THIS ENDORSEMENT GHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Al terms and conditions of this policy apply unless modified by this endorsement. age Liability ply to any at person person s employment practices policies uch as coercion demo assignment discipline ment humiliation dis icious prosecution di Y o ent brother or sister of yuence of bodily injury any of the employment bed in Paragraphs a ted. sing event described in c above occurs before ployment or after em ay be liable as an em pacity and hare damages with or ho must pay damages CG 2147 1207 ACP GLAO7206182500 74EN 13269 1SO Properties Inc. 2006 INSURED COPY Page 10of 1 72 0000777 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part bul for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including ils contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All terms and conditions of this policy apply unless modified by this endorsement. aragraph 2. A Bodily age which vhole or in i or threat of contact or presence or within a s contents her cause ibuted con such injury sing out of g cleaning g detoxify r disposing or assess e s ey 2 T N ridad by any oher person or entity. n does not apply to any fungi or are are on or are contained in a uct intended for bodily consump CG 21671204 Includes copyrighted material of Insurance Services Office Inc. with permission. ISO Properties Inc. 2004 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 10of 1 72 0000778 | 2 |
COMMERCIAL GENERAL LIABILITY CG21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. All terms and conditions of this policy apply unless modified by this endorsement. G 21700108 ACP GLAO7206182500 74EN 13269 ISO Properties Inc. 2007 INSURED COPY Page 1 of 1 72 0000778 | 2 |
For attachment to policy number to complete said policy. EMPLOYEE BENEFITS LIABILITY COVERAGE SCHEDULE NOTICE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE Except to such extent as may otherwise be provided herein this coverage is limited generally to liability for only those claims that are first made against the insured while the policy is in force. Please review the policy carefully and discuss the coverage thereunder with your insurance agent or broker. Named Insured LIMITS OF INSURANCE Each Employee Aggregate DEDUCTIBLE 1000 Each Employee RETROACTIVE DATE This insurance does not apply to a claim which occurs before the Retroactive Date shown here CG 435D 10 01 ACP GLAO7206182500 74EN 13269 INSURED COPY nan nan nan nan 72.0 780.0 | 2 |
CG 70 23 10 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This policy does not apply to any claims arising out of or alleged to have arisen out of any of the following 1. Asbestos or any asbestos related injury or damage including but not fimited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or failure to disclose the presence of asbestos or other duty involving asbestos its use exposure existence detection removal elimination or avoidance. 2. Electro magnetic emissions or radiation related injury or damage including but not limited to any injury or darnage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty in volving any electro magnetic emissions or radiation from use exposure existence detection removal elimi nation or avoidance of electrical energy. 3. Lead or any lead related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving lead or lead pro ducts their use exposure existence detection removal elimination or avoidance. 4. Radon or any other radioactive emissions manmade or natural or any related injury or damage including but not limited to any injury or damage arising out of or alleged to have arisen out of any act error omission failure to warn or other duty involving radon or any other radioactive emissions their use exposure existence de tection removal elimination or avoidance. We shall not have a duty to defend any insured against a claim or suit seeking damage to which this insurance does not apply. CG 70 23 10 96 ACP GLAO7206182500 74EN 13269 INSURED COPY nan nan nan nan 72.0 781.0 | 2 |
CG 70 33 03 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Two or More Coverage Forms or Policies Issued by Us. If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the aggregate maximum limit of insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. CG 70 33 03 93 ACP GLAO7206182500 74EN 13269 INSURED COPY nan nan nan nan 72.0 782.0 | 2 |
CG 7079 4 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION COVERAGE JOB SITES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Each Pollution Incident Limit Poliution Liability Aggregate Limit Property Damage Deductible Each Pollution Incident Premium if no entry appears in the space above for property damage deductible no deductible applies to the coverage pro vided by this endorsement. A. The following is added to COVERAGES Section I No other obligation or liability to pay sums or perform acts or services is cov COVERAGE D. LIMITED POLLUTION COVERAGE ered unless explicitly provided for under SUPPLEMENTARY PAYMENTS. 1. Insuring Agreement.. b. This insurance applies to bodily injury a. We will pay those sums that the insured property damage and environmental becomes legally obligated to pay damage only if 1 As damages because of 1 The bodily injury property dam age or environmental damage a bodily injury or arises out of a pollution incident b property damage or a on or from your job site in the coverage territory 2 As clean up costs because of en vironmental damage which directly results from physical injury to tangi ble property b that it is demonstrable as begin ning and ending within 72 hours of the pollution incident and c thatitis accidental. to which this insurance applies. We will have the right and duty to defend any 2 The bodily injury property dam suit seeking these damages. We may age or environmental damage at our discretion investigate any pol occurs during the policy period. lution incident and settle any claim or suit that may result. But c. Damages because of bodily injury in clude damages claimed by any person or 1 The amount we will pay for damages organization for care loss of services or and clean up costs is limited as death resulting at any time from the described in SECTION 1li LIMITS OF bodily injury. LtiURANCE of this endorsement 2. Exclusions. The insurance provided by this endorsement 2 Our right and duty to defend end does not apply to when we have used up the applica ble limit of insurance in the payment a. Bodily injury property damage or of judgments settlements or environmental damage expected or in clean up costs. tended from the standpoint of the insured. CG 7079 4 98 Page 1 of 4 ACP GLAO7206182500 74EN 13269 INSURED COPY 72 0000783 Each Pollution Incident 74EN 13269 INSURED COPY | 2 |
CG 7079 4 98 the products completed operations haz ard. Bodily injury property damage or environmental damage arising out of the ownership or operation of any off shore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. Bodily injury property damage or environmental damage arising out of a polltution incident on or from a job site or any part of a job site that is or was at anytime used by you for the storage disposal processing or treatment of waste materials. Bodily injury property damage or environmental damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion does not apply to bodily injury property damage or environ mental damage arising out of the opera tion of any of the equipment listed in paragraph f.2 or f.3 of the definition of mobile equipment Section V. Bodily injury property damage or environmental damage arising out of the emission discharge release or es cape of drilling fluid oil gas or other fluids from any oil gas mineral water or geothermal well. Bodily injury property damage or environmental damage arising out of a pollution incident which results from or is directly or indirectly attributable to failure to comply with any applicable statute regulation ordinance directive or order relating to the protection of the environment and promulgated by any governmental body provided that failure to comply is a willful or deliberate act or omission of 1 An insured or 2 You or any of your members part ners or executive officers Page 2 of 4 72 0000784 b. Bodily injury property damage or environmental damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the ab sence of the contract or agreement. c. Any obligation of the insured under a workers compensation disability bene fits or unemployment compensation law or any similar law. d. Bodily injury to 1 An employee of the insured arising out of and in the course of a employment by the insured or b performing duties related to the conduct of the insured s busi ness 2 The spouse child parent brother or sister of that employee as a conse quence of 1 above. This exclusion applies 1 Whether or not 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 may pay damages because of the injury. e. Property damage or environmental damage to 1 A waste facility 2 Property you own rent or occupy now or at any time in the past 3 Premises you sell give away or abandon if the property damage arises out of any part of those prem ises 4 Property loaned to an insured or 5 Personal property in the care cus tody or control of an insured. f. Bodily injury property damage or environmental damage included within CG 7079 4 98 ACP GLA07206182500 74EN 13269 INSURED O INSURED COPY 74EN 13269 | 2 |
CG 7079 4 98 1. Paragraph 1 is replaced by the following 1. The Limits of Insurance shown in the Declarations and this endorsement and the rules below fix the most we will pay regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits 2. Paragraph 2. is replaced by the following 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations haz ard c. Damages under Coverage B and d. Damages under Coverage D. 3. The following is added 8. Subject to 2. above the General Aggre gate Limit the Poliution Liability Aggre gate Limit is the most we will pay for the sum of a. All damages because of all bodily injury and property damage and b. Al clean up costs incurred be cause of all environmental dam age arising out of all pollution incidents. 9. Subject to 2. above the General Aggre gate Limit and 8. above the Pollution Liability Aggregate Limit the Each Pol lution Limit is the most we will pay for a. All damages because of all bodily injury and property damage and b. All clean up costs incurred be cause of all environmental dam age. Bodily injury property damage or environmental damage arising out of acid rain. m. Bodily injury property damage or environmental damage arising out of 1 The transportation of mobile equip ment by an auto owned or oper ated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice or preparation for a prearranged racing speed or demolition contest or in any stunting activity. n. Any loss cost or expense arising out of any request demand or order by a gov ernmental body that any insured or oth ers test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the affects of poliutants at any site which is in cluded or proposed for inclusion on a governmental body s clean up priority list such as but not limited to USA EPA s NPL listing. o. Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire As used in this exclusion a hostile fire means one which becomes uncontrolla ble or breaks out from where it was in tended to be. p. Any multiple punitive or exemplary dam ages. q. Bodily injury or property damage or from any of your job sites on which any insured or any contractor or subcontrac tor working directly or indirectly on any insured s behalf are performing oper ations if the pollutants are not brought on or to your work site by such insured contractor or subcontractor. B. SUPPLEMENTARY PAYMENTS COVERAGES A AND B is amended to SUPPLEMENTARY PAYMENTS COVERAGES A B AND D. C. SECTION it LIMITS OF INSURANCE is amended as foliows CG 7079 4 88 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 3 of 4 72 0000785 74EN 13269 INSURED COPY | 2 |
CG 7079 4 98 Clean up costs means expenses for the removal or neutralization of pollutants. Environmental damage means the injurious presence of pollutants in or upon land the at mosphere or any water course or body of water. Pollution incident means the actual or alleged emission discharge release or escape of poliutants from your job site provided that such emission discharge release or escape results in environmental damage. All bodily injury property damage and environmental damage arising out of one emission discharge release or escape shall be deemed to be one poliution inci dent. Pollutants means 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. Waste facility means any site to which waste from the operations of your work site is legally consigned for delivery or delivered for storage disposal processing or treatment provided that such site is not and never was owned by rented or loaned to you. Your job site meansany site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are working. Your job site does not include any premises site or location which currently is or was at the time you or any contractors or sub contractors working directly or indirectly on your behalf were working on such premises site or lo cation owned or occupied by or rented or loaned to you. arising out of any one poliution inci dent. Deductible 1. Our obligation under this endorsement to pay damages for property damage or clean up costs because of environ mental damage on your behalf applies only to the amount of damages or clean up costs in excess of any deduct ible amount stated in the schedule of this endorsement as applicable to Each Pol tution Incident. Neither the Each Pollution Incident Limit nor the Pollution Liability Aggregate Limit will be reduced by the application of such deductible amount. 2. The terms of this insurance including those with respect to a. Our right and duty to defend any suits seeking those damages and b. Your duties in the event of a pol lution incident claim or suit apply irrespective of the application of the deductible amount. 3. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us of such part of the deduct ible amount as has been paid by us. Paragraph 4. Other Insurance of CONDITIONS Section V is amended as follows All references to Coverages A or B are amended 1o read Coverages A B or D. The following definitions are added to SECTION V DEFINITIONS Page 40f 4 72 0000786 CG 7079 4 98 ACP GLAO7206182500 74EN 13269 INSURED COPY | 2 |
COMMERCIAL GENERAL LIABILITY CG 71 38 03 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE DAMAGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART. This insurance does not apply to punitive or exemplary damages fines or penalties. CG 71 38 03 02 ACP GLAO7206182500 74EN 13269 Page 1of 1 72 0000787 INSURED COPY | 2 |
COMMERCIAL GENERAL LIABILITY CG 72460212 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT COMMERCIAL CONTRACTORS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CG 72460212 ACP GLAO7206182500 74EN 13269 A. WHO IS AN INSURED Section H is amended to include as an 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. The written contract or written agreement must be 1. Valid and legally enforceable 2. Curmently in effect or becoming effective during the term of this policy and 3. Executed prior to an occurrence resulting in bodily injury property damage or personal and advertising injury.. The insurance provided 1o the additional insured is further limited as follows 1. That person or organization is an additional insured but only with respect to liability for bodily injury or property damage caused in whole or in part by your work for the additional insured which is the subject of the written contract or writlen agreement. 2. If we insured the Named Insured for more than one annual policy period a. Only the policy in effect at the time the bodily injury property damage or personal and advertising injury first occurs will apply b. Bodily injury property damage or personal and advertising injury first occurs when it is initially discovered by any person c. Any continuation progression change or resumption of bodily injury property damage or personal and advertising injury will be deemed to be one occurrence d. Our limit of liability will not exceed the Limits of Insurance for one annual policy period. 3. The coverage provic insured by this endor 1. of the definition of i DEFINITIONS SECT 1o bodily injury o caused in whole or in completed operatiof required by the writte agreement. When cc bodily injury or proy in whole or in pai completed operatio coverage will not appl time required by the writlen agreement. 4. The insurance provic insured does not apply Bodily injury prc personal and advertis of the rendering of or professional architect surveying services inc a. The preparing ar prepare or ap drawings opinion field orders chan and specifications b. Supervisory inspe engineering activiti c. Defects in desic fumished by the ac employees. 5. We have no duty to de additional insured unde a. For any loss whic Named Insured co at the location of th Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED COPY 3. The coverage provided 1o the additional insured by this endorsement and paragraph 1. of the definition of insured contract under DEFINITIONS SECTION V does not apply 1o bodily injury or properly damage caused in whole or in part by the products completed operations hazard unless required by the written contract or written agreement. When coverage does apply to bodily injury or property damage caused in whole or in part by the products completed operations hazard such coverage will not apply beyond the period of time required by the written contract or writlen agreement. 4. The insurance provided fo the additional insured 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 failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory inspection architectural or engineering activities. c. Defects in design or specifications fumished by the additional insured or its employees. 5. We have no duty to defend or indemnify an additional insured under this endorsement a. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. Page 10f 3 72 0000788 | 2 |
CG 72460212 b. Until we receive written notice of a claim or suit from the additional insured as required in the Duties In The Event of Occurrence Offense Claim or Suit Condition. C. With respect to the coverage provided under this endorsement the COMMERCIAL GENERAL LIABILITY CONDITIONS SECTION V are amended as follows 1. The following is added to the Duties In The Event of Occurrence Offense Claim or Suit Condition An additonal insured under this endorsement will as soon as practicable 1 Give written notice of an occurrence or an offense to us which may result in a claim or suit under this insurance Agree to trigger or activate any other insurance which the additional insured has for a loss we cover under this Coverage Part by tendering the defense fo the insurers of all such other insurance With respect to the coverage provided under this endorsement Condition 4. Other Insurance is replaced by the following a. Primary Insurance This insurance is primary if you have agreed in a written contract or writlen agreement 1 That this insurance be primary. If other insurance is also primary we will share with all that other insurance as described in c. below or The coverage afforded by this insurance is primary and non contributory with the additional insured s own insurance. Paragraphs 1 and 2 do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph b. below. 2 2 b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether 2 primary excess contingeni or on any other basis a Thatis Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner c 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 If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extenl not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability e That is any other insurance available 1o an additional insured under this endorsement covering liability for damages arising out of the premises or operations or products and completed operations for which the additional insured has been added as an additional insured by that other insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the additional insured against any suit if any other insurer has a duty to defend the additional insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the additional insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of d Page2o0i 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO7206182500 74EN 13269 INSURED COPY CG 72460212 72 0000788 | 2 |
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. 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 Parl. CG 72460212. Method of Sharing if all of the other insurance available to the additional insured 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 available 1o the additional insured 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 allinsurers. All terms and conditions of this policy apply unless modified by this endorsement. 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. 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 Parl. CG 72460212 Includes copyrighted material of Insurance Services Office Inc. i with its permission. ACP GLAO7206182500 74EN 13269 INSURED COPY Page 3 of 3 72 0000790 | 2 |
COMMERCIAL GENERAL LIABILITY CG 72580908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section I Coverages This insurance including any duty to defend does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at any location where a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. All terms and conditions of this policy apply unless modified by this endorsement. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this Coverage Part 2 Has limits adequate to cover all claims or 3 Remains in effect. All terms and conditions of this policy apply unless modified by this endorsement. CG72580908 ACP GLAO7206182500 74EN 13269 Page 10f 1 72 0000791 INSURED COPY | 2 |
COMMERCIAL GENERAL LIABILITY CG73231111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM CcG73231111 ACP GLAO7206182500 74EN 13269 LOST KEY COVERAGE SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY coverage is extended to include the following If a customer s master or grand key excluding electronic key card is lost while in your care custody or control we will pay the cost of replacing the keys including the master lock and all keys used in the same lock the cost of adjusting locks to accept the new keys or the cost to replace the locks whichever is less. Limit of Insurance The most we will pay for loss arising out of any one occurrence is 5000. SECTION V DEFINITIONS is amended as follows The following definition applies to Lost Key Coverage Loss means unintentional physical damage or destruction to tangible property including theft or disappearance. Tangible property does not include money or securities. VOLUNTARY PROPERTY DAMAGE SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY coverage is exiended to inciude the following Al your request we will pay for property damage to property of others caused by you and while in your possession arising out of your business operations and occurring during the policy period. Limit of Insurance The most we will pay for loss arising out of any one occurrence is 500. SECTION V DEFINITIONS is amended as follows The following definition applies to Voluntary Properly Damage coverage Loss means unintentional damage or destruction but does not include disappearance theft or loss of use. NON OWNED WATERCRAFT SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows g. Aircraft Auto Or Watercraft 2 a is replaced with a Less than 51 feet long and EXPANDED PROPERTY DAMAGE COV ERAGE For the purposes of this endorsement only SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended as follows a. Exclusions j3 j.5 and j.6 are deleted in their entirety. b. Exclusion j.4 is deleted in its entirety and replaced by the following Personal property in the care custody or control of the insured 1. for storage or sale at premises you own rent or occupy or 2. while being transported by any aircraft auto or walercraft owned or operated by or rented 1o or loaned to any insured.. The following exclusions are added 1. The coverage provided by this endorsement does not apply to property damage arising out of the disappearance or loss of use of personal property. 2. The coverage provided by this endorsement does not apply to property damage included in the products completed operations hazard. Includes copyrighted material of Insurance Services Office Inc. Page 1 0of 6 with its permission. INSURED COPY 72 0000792 | 2 |
CG732311 11 Limit of Insurance The most we will pay for property damage provided by this coverage in any one occurrence is 5000. Deductible Our obligation to pay for a covered loss applies only to the amount of loss in excess of 250. This insurance is excess over any other valid and collectible insurance. DAMAGE TO PREMISES RENTED TO YOU SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY the last paragraph of 2. Exclusions of is replaced by the following If Damage to Premises Rented to You is not otherwise excluded exclusions c. through n. do not apply to damage by fire lightning explosion smoke or sprinkler leakage 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 Ni Limits of Insurance. SECTION 1l LIMITS OF INSURANCE paragraph 6 is replaced with 6. Subject to 5. above the Damage To Premises Renled To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented 1o you or in the case of damage by fire lightning explosion smoke or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to 300000. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance b. Excess Insurance 1 a ii is replaced with. ii That is Fire Lightning Explosion Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. SUPPLEMENTARY PAYMENTS SECTION COVERAGES SUPPLEMEN TARY PAYMENTS COVERAGES A AND B is amended as follows 1. 1. b. replaced with b. Up to 2500 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 Liabifity Coverage applies. We do not have to fumish these bonds. 2. 1.d.replaced with d. All reasonable expenses incurred by the insured at our request 1o assist us in the investigation or defense of the claim or suit including actual loss of earings up to 500 a day because of time off from work. NEWLY FORMED AND ACQUIRED ORGANIZATIONS SECTION I WHO IS AN INSURED is amended as follows 1. 3.a isreplaced with a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier ADDITIONAL INSURED WHEN REQUIRED IN AN AGREEMENT OR CONTRACT WITH YOU PRIMARY AND NON CONTRIBUTORY The following is added to SECTION Ii WHO IS AN INSURED 4. Any persons or organizations with whom you have agreed in a valid written contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury. The person or organization added as an insured by this endorsement is an insured only to the extent you are held liable due to a. Lessors of Leased Equipment Maintenance operation or use of equipment leased to you by such person or organization. This insurance does not apply to any occurrence which takes place after the equipment lease expires. However their status as additional insured under this policy ends when their lease contract or agreement with you for such leased equipment expires. Includes copyrighted material of Insurance Services Office Inc. with its permission. 74EN 13269 INSURED COPY CG73231111 72 0000793 Page 2 of 6 ACP GLAO7206182500 | 2 |
CG73231111 The insurance does not apply to 1 bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure 1o render any professional architectural engineering or survey services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports survey field orders change orders or drawings and specifications or b Supervisory inspection architec tural or engineering activities. 2 Bodily injury or property damage occurring after a Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or b That portion of your work out of which the injury or damage arises has been put to ils intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However a person or organization s status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to paragraph 4 of SECTION Il WHO IS AN INSURED Condition 4. Other Insurance of Section IV Commercial General Liability Conditions is replaced by the following 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 if you have agreed in a written contract or written agreement b. Managers or Lessors of Premises The ownership maintenance or use of that part of the premises you own rent lease or occupy. This insurance does not apply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new con struction or demolition operations performed by or on behalf of the person or organization. However their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision Permits Operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to 1 Bodily injury or property damage or personal or advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or properly damage included within the products completed operations hazard. However such state or political subdivision s status as additional insured under this policy ends when the permit ends. d. Owners Lessees or Contractors 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 omissions of those acting on your behalf in the performance of your ongoing operations performed for that additional insured whether the work is performed by you or on your behalf. CG73231111 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO7206182500 74EN 13269 INSURED COPY Page 3 of 6 72 0000794 | 2 |
CG732311 11 1 That this insurance be primary. If other insurance is also primary we will share with all that other insurance as described in. below or The coverage afforded by this insurance is primary and non contributory with the additional insured s own insurance. Paragraphs 1 and 2 do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph b. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Instaliation Risk or similar coverage for your work b That is fire lighining or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner. c 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 If the loss arises out of the maintenance or use of aircraft autos or watercraft 1o the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Properly Damage Liability. e That is any other insurance available to an additional insured under this endorsement covering liability arising out of the premises or operations or products completed operations for which the additional insured has been added as an additional insured by that other insurance. d 2 When this insurance is excess we will have no duty under Coverages A or B 1o defend the additional insured against any suit if any other insurer has a duty to defend the additional insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the additional insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that 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. 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 available to the additional insured 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 fimit of insurance or none of the loss remains whichever comes first. It any of the other insurance available to the additional insured 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. 3 CG732311 11 72 0000795 Page 4 of 6 ACP GLAO7206182500 Includes copyrighted material of Insurance Services Office Inc. with its permission. 74EN 13269 INSURED COPY | 2 |
CG73231111 MEDICAL PAYMENTS SECTION i LIMITS OF INSURANCE Paragraph 7. is replaced 7. Subject to 5. above the higher of a. 10000 or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by one person. This coverage does not apply if Coverage C Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. KNOWLEDGE OF AN OCCURRENCE SECTION V COMMERCIAL GENERAL LIABILITY CONDITIONS The following is added to 2. Duties In The Event Of Occurrence Offense Claim Or Suit condition e. Knowledge of an occurrence offense claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you a partner if you are a partnership or an executive officer or insurance manager if you are a corporation receives such notice of an occurrence offense claim or suit from the agent or employee. f. The requirements in Section IV Conditions Paragraph 2.b. will not be considered breached unless there is knowledge of occurrence as outlined in paragraph e. above. UNINTENTIONAL FAILURE TO DISCLOSE HAZARD SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 6. Representations is amended to include d. Your failure to disclose all hazards or prior occurrences or offenses existing as of the inception date of the policy shal not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior occurrences or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. EMPLOYEE BODILY INJURY TO ANOTHER EMPLOYEE SECTION I WHO IS AN INSURED The following Paragraph is added 1o 2.a.1 Paragraphs 2.a.1a b and c do not apply to bodily injury to a coemployee in the course of the coemployee s employment by you or fo bodily injury to a covolunteer worker while performing duties related to the conduct of your business. BROAD FORM NAMED INSURED SECTION i WHO IS AN INSURED The following Paragraph is added to 2. e. Any business entity incorporated or organized under the laws of the United State of America including any State thereof its territories or possessions or Canada including any Province thereof in which the Named Insured shown in the Declarations owns during the policy period an interest of more than fifty percent. If other valid collectible insurance is available 1o any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent this insurance is excess over the other insurance whether primary excess contingent or on any other basis. AGGREGATE LIMIT PER LOCATION SECTION 1l LIMITS OF INSURANGCE The following paragraph is added to paragraph 2 The General Aggregate Limit under Section Wi Limits of Insurance applies separately 1o each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision location means premises involving the same or connecting lots or premises whose connection is interrupted only by a public street roadway waterway or railroad right of way. AGGREGATE LIMIT PER PROJECT SECTION Il LIMITS OF INSURANCE The following paragraph is added to paragraph 2 The General Aggregate Limit under Section NI Limits of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. Page 5 of 6 72 0000796 CG73231111 Includes copyrighted material of Insurance Services Office Inc. with its permission. ACP GLAO7206182500 74EN 13269 INSURED COPY | 2 |
CG73231111 WAIVER OF SUBROGATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer of Rights of Recovery Against Others to Us is amended to include If required by a written contract executed prior fo loss we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operalions or your work done under a contract with that person or organization and included in the products completed operations hazards. LIBERALIZATION SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Liberalization is added as follows If we revise this coverage form to provide more coverage without additional premium charge your policy will automatically provide the additional coverage as of the day the revision is effective in your state. BROADENED BODILY INJURY DEFI MENTAL ANGUISH SECTION V DEFINITIONS is amenc follows 1. 3. Bodily injury is deleted and repiac the following Bodily injury means physical sickness or disease 10 a person arising out of the foregoing mental ar mental injury shock or humiliation inc death at any time resulting therefrom All terms and conditions of this policy apply unless modified by this endorsement. BROADENED BODILY INJURY DEFINITION MENTAL ANGUISH SECTION V DEFINITIONS is amended as follows 1. 3. Bodily injury is deleted and replaced with the following Bodily injury means physical injury sickness or disease 10 a person and if arising out of the foregoing mental anguish mental injury shock or humiliation including death at any time resulting therefrom CG73231111 72 0000797 Page6of 6 ACP GLAO7206182500 Includes copyrighted material of Insurance Services Office Inc. with its permission. 74EN 13269 INSURED COPY | 2 |
1L0017 1198 1L0017 11 98 COMMON POLICY CONDITIONS A. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and re cords as they relate to this policy at any time dur ing the policy period and up to three years after ward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time All Coverage Parts included in this policy are subject to the following conditions. b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws reguiations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. if you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal represen tative. 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. 1L 00 17 1198 Copyright Insurance Services Office Inc. 1998 ACP GLAO7206182500 74EN 13269 INSURED COPY Page 1of 1 72 0000798 | 2 |
1L 00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Under writers Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitied to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resuiting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri fories 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 Spe cial nuclear material or by product material. 3 C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri fories 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 Spe cial nuclear material or by product material. 2 3 IL 00 21 05 02 ACP GLAO7206182500 74EN 13269 Page 1 of 2 72 0000799 INSURED COPY | 2 |
IL 00 21 05 02 Source material pecial 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 wasle material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c Any equipment or device used for the pi ing fabricating or alloying of special material if at any time the total amount material in the custody of the insured premises where such equipment or de located consists of or contains more t grams of plutonium or uranium 233 combination thereof or more than 250 of uranium 235 Any structure basin excavation prem place prepared or used for the storage posal of waste and includes the site on which any of the ing is located all operations conducted ol site and all premises used for such operatiol Nuclear reactor means any apparatus de or used to sustain nuclear fission in supporting chain reaction or to contain a mass of fissionable material. Property damage includes all forms of re tive contamination of property. d All terms and conditions of this policy apply unless modified by this endorsement. Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or o contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. d Page 2 of 2 ACP GLAO7205182500 ISO Properties Inc. 2001 INSURED COPY IL 00 21 05 02 72 0000800 74EN 13269 | 2 |
IL 02 32 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SOUTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 20 days before the ef fective date of cancellation. After 80 days from the effective date of policy issuance a notice of cancellation may not be issued unless it is based upon at least one of the following reasons as stated in South Da kota law a Nonpayment of premium b Discovery of fraud or material misrepresen tation made by or with the knowledge of the Named insured in obtaining the policy con tinuing the policy or in presenting a claim under the policy Discovery of acts or omissions on the part of the Named Insured which increase any hazard insured against d The occurrence of a change in the risk which substantially increases any hazard insured against after insurance coverage has been issued A violation of any local fire health safety building or construction regulation or ordi nance with respect to any insured property or the occupancy thereof which substan tially increases any hazard insured against c e f A determination by the director of insurance that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of South Dakota g Your violation or breach of any policy terms or conditions or h Such other reasons as are approved by the director of insurance. B. The following condition is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver to the first Named Insured writ ten notice of nonrenewal not less than 60 days before a. The expiration date or b. The anniversary date if this is a continuous. policy. 2. Any notice of nonrenewal will be mailed or de livered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. IL 02 32 09 08 ACP GLAO7206182500 74EN 13269 ISO Properties Inc. 2007 INSURED COPY Page1of 1 72 0000801 | 2 |
IL 02 59 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com mon Policy Condition are replaced by the follow ing 2. Cancellation Of Policies In Effect a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation Any insured has submitted a fraudulent claim Any insured has violated the terms and conditions of this policy The risk originally accepted has sub stantially increased 3 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in sured or The determination by the Director of In surance that the continuation of the pol icy could place us in violation of the Ne braska Insurance Laws. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. 4. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ACP GLAO7206182500 74EN 13269 Page 10f2 72 0000802 INSURED COPY | 2 |
IL 02 59 09 07 B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing Ali terms and conditions of this policy apply uniess modified by this endorsement. 1S0O Properties Inc. 2006 Page 2 of 2 ACP GLAQ7206182500 IL 02 59 09 07 72 0000803 74EN 13269 INSURED COPY | 2 |
IL 0276 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT 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 MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliv ering to us advance written notice of cancella tion. 2. Cancellation Requirements a. We may cancel this policy by mailing or delivering to the first Named Insured and any loss payee written notice of cancella tion at least 1 30 days before the effective date of canceliation if we cancel due to loss of reinsurance coverage 2 10 days before the effective date of cancellation if we cancel for any other reason. b. If this policy is a new policy and has been in effect for less than 60 days we may cancel for 1 Loss of reinsurance subject to d. below or 2 Any other reason. c. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Misrepresentation or fraud made by or with your knowledge in obtaining the policy when renewing the policy or in presenting a claim under the policy 3 Acts or omissions by you that substan tially change or increase the risk in sured Determination by the Commissioner that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state You have acted in a manner which you knew or should have known was in vio lation or breach of a policy term or con dition or 6 Loss of reinsurance subject to d. below. d. We may cancel due to loss of reinsurance which provides coverage to us for a signifi ca nt portion of the underlying risk insured but only if the Commissioner determines that such cancellation is justified. 5 IL 0276 09 08 ACP GLAO7206182500 74EN 13269 I1SO Properties Inc. 2007 INSURED COPY Page 1 of 2 72 0000804 | 2 |
IL 0276 09 08 3. We will mail or deliver our notice to the first Named Insured s and any loss payee s last mailing address known to us.. Notice of cancellation will state a. The reason for cancellation and b. The effective date of cancellation. The policy period will end on that date.. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund.. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. However if cancellation is for nonpayment of premium a certificate of mailing is not re quired. B. The foliowing is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal to the first Named Insured and any loss payee at least 45 days before the expiration date of this policy except if a. We have offered to issue a renewal policy or b. You have failed to pay a premium due or any advance premium required by us for renewal. 2. If notice is mailed a post office department certificate of mailing is proof of receipt of no tice. Page 2 of 2 ACP GLAO7206182500 S0 Properties Inc. 2007 INSURED COPY IL 0276 09 08 72 0000805 74EN 13268 | 2 |
IL 700309 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERGIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Persons or Organizations Address Number of Days Notice If this policy is cancelled other than nonpayment of premium or if the coverage provided by this policy is reduced or restricted except for any reduction in the Limits of Insurance due to claims payments we will provide written notice to the persons or organizations listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation or coverage reduction or restric tion or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. 1IL700309 11 ACP GLAO7206182500 Includes copyrighted material of Insurance Services Office Inc. with its permission. 74EN 13269 INSURED COPY Page 1 0f 1 72 0000806 | 2 |
13614 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONTINUATION PROVISION SPECIAL CONTINUATION PROVISION If we offer to continue and you or your representative do not accept this policy will automatically terminate at the end of the current policy period. Failure to pay the required continuation premium when due shall mean that you have not accepted our offer. 13614 11 85 ACP GLAO7206182500 74EN 13269 INSURED COPY nan nan nan nan 72.0 807.0 | 2 |
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N TRAVELERSJ Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for H20 PLUS HOLDINGS INC. 845 W MADISON ST CHICAGO IL 60607 2631 Presented by LOCKTON COMPANIES LLC N TRAVELERSJ Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for H20 PLUS HOLDINGS INC. 845 W MADISON ST CHICAGO IL 60607 2631 Presented bv LOCKTON COMPANIESLLC N TRAVELERSJ Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for H20 PLUS HOLDINGS INC. 845 W MADISON ST CHICAGO IL 60607 2631 N TRAVELERSJ Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for H20 PLUS HOLDINGS INC. 845 W MADISON ST CHICAGO IL 60607 2631 | 2 |
P N TRAVELERS One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 SEVERE PRODUCTS LIABILITY PROGRAM COMMON POLICY DECLARATIONS ISSUE DATE 081214 POLICY NUMBER Y660 1060L503 TCT14 INSURING COMPANY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT 1. NAMED INSURED AND MAILING ADDRESS H20 PLUS HOLDINGS INC. AS PER IL T8 00 845 W MADISON ST CHICAGO IL 60607 2631 2. POLICY PERIOD From 080814 to 080815 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 TCT EMPLOYEE BENEFITS LIABILITY COV PART DECLARATIONS CG TO 09 09 93 TCT. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company SEE CALCULATION OF PREMIUM COMPOSITE RATES ENDORSEMENT 7. PREMIUM SUMMARY Provisional Premium 52863 Due at Inception 13380 Due at Each SEE IL TO 30 NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY LOCKTON COMPANIES LLC XG345 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Authorized Representative COUNTERSIGNED BY Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE KANSAS CITY PAGE 1 OF 1 | 2 |
P N TRAVELERS POLICY NUMBER Y660 1060L503 TCT14 EFFECTIVE DATE 08 08 14 ISSUE DATE 08 12 14 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL IL IL IL IL IL IL TO T8 TO TO TO T3 T8 02 01 01 30 03 02 00 11 10 01 12 04 07 89 93 07 90 96 86 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS NON STANDARD PAYMENT SCHEDULE LOCATION SCHEDULE CALCULATION OF PREMIUM COMPOSITE RATE S GENERAL PURPOSE ENDORSEMENT COMMERCIAL GENERAL LIABILITY TO TO 01 07 08 34 01 55 23 71 70 37 44 03 13 58 43 56 88 26 56 21 18 76 42 26 42 23 78 63 21 94 11 09 11 11 10 11 07 02 01 04 01 12 04 07 01 11 11 10 05 07 10 06 01 06 01 08 02 08 10 09 03 87 03 03 01 03 08 09 08 05 96 97 08 13 02 03 03 11 14 08 11 93 99 99 02 11 90 11 91 95 COML GENERAL LIABILITY COV PART DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COV FORM AMENDMENT OF COVERAGE POLLUTION COVERAGE TERRITORY LIMITATION AMEND COVERAGE B PERS ADV INJURY CAP ON LOSSES CERTIFIED ACTS TERRORISM OTHER INSURANCE ADDITIONAL INSUREDS OTHER ADDITIONAL INSUREDS AMEND NON CUMULATION OF EACH OCC AMENDMENT OF COVERAGE COOLING POLLUTION XTEND END FOR COMMERCIAL INDUSTRIES FUNGI OR BACTERIA EXCLUSION AMENDMENT OF COVERAGE EMPLOYMENT RELATED PRACTICES EXCLUSION EXCLUSION UNSOLICITED COMMUNICATION MOBILE EQUIP REDEFINED EXCL OF VEHICLES AMEND CONTRAC LIAB EXCL EXC TO NAMED INS EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCLUSION LEAD EXCLUSION DISCRIMINATION EXCLUSION TOBACCO EXCLUSION WAR EXCL AIRCRAFT PROD AND GROUNDING EXCLUSION ASBESTOS NEW YORK CHGS CGL COVERAGE FORM NY CHANGES TRANSFER OF DUTIES EXCLUSION LEAD NEW YORK EMPLOYEE BENEFITS LIABILITY CG TO 09 09 93 EMPLOYEE BENEFITS LIAB COV PART DEC PAGE ILT8 011093 | 2 |
P N TRAVELERS POLICY NUMBER Y660 1060L503 TCT14 EFFECTIVE DATE 08 08 14 ISSUE DATE 08 12 14 EMPLOYEE cG cG cG cG cG cG TO T1 T5 DO T4 F7 BENEFITS LIABILITY CONTINUED 43 01 30 38 85 18 11 07 06 03 11 08 88 86 89 95 88 12 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COV FORM AMENDMENT EBL EXCLUSION IRC VIOLATIONS ADDITIONAL EXCLUSION EBL NY CHANGES TRANSFER OF DUTIES MULTIPLE SUBLINE ENDORSEMENTS COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY LIQUOR LIABILITY o E L CG T3 33 11 03 LIMIT WHEN TWO OR MORE POLICIES APPLY C E L CG 01 04 12 04 NEW YORK CHANGES PREMIUM AUDIT C L CG 02 00 12 07 IL CHANGES CANCELLATION AND NONRENEWAL C E L CG 32 34 01 05 CALIFORNIA CHANGES C L INTERLINE ENDORSEMENTS IL IL IL IL IL IL T3 T3 00 01 01 01 68 76 21 15 47 62 05 10 09 01 09 09 10 10 08 10 11 08 FEDERAL TERRORISM RISK INS ACT DISCLOSE CAP ON LOSSES CERTIFIED ACT OF TERRORISM NUCLEAR ENERGY LIAB EXCL END BROAD FORM NEVADA CHANGES DOMESTIC PARTNERSHIP ILLINOIS CHANGES CIVIL UNION ILLINOIS CHANGES DEFENSE COSTS POLICYHOLDER NOTICES PN T9 80 07 13 NOT OF CHGE XTEND ENDORSEMENT PAGE ILT8 011093 | 2 |
COMMON POLICY CONDITIONS A. Cancellation 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other rea son. 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. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can celled we will send the first Named Insured any premium refund due. If we cancel the re fund will be pro rata. If the first Named In sured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re fund. 6. If notice is mailed proof of mailing will be sufficient 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 Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us as 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 D. All Coverage Parts included in this policy are subject to the following conditions 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 b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advi sory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or rec ommendations we may make relative to certi fication under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla rations a. Is responsible for the payment of all pre miums and b. Will be the payee for any return premi ums we pay. 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The pre mium shown in the Declarations was com puted based on rates and rules in effect at IL TO 01 01 07 Rev. 06 09 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
the time the policy was issued. On each re newal continuation or anniversary of the ef fective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary cus tody of your property will have your rights and duties but only with respect to that property.. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is counter signed by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ Wty C F Secretary Page 2 of 2 Includes the copyrighted material of Insurance Services Office Inc. with its permission. 1L T0 01 01 07 Rev. 06 09 | 2 |
NON STANDARD PAYMENT SCHEDULE POLICY NUMBER Y660 1060L503 TCT14 EFFECTIVE DATE 080814 ISSUE DATE 081214 PAYMENT DUE DATES 080814 090814 100814 110814 120814 010815 020815 030815 040815 050815 IL TO 30 12 90 PAGE 1 OF 1 OFFICE KANSAS CITY 095 PRODUCER NAME LOCKTON COMPANIES LLC XG345 | 2 |
LOCATION SCHEDULE POLICY NUMBER Y660 1060L503 TCT14 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 08 08 14 to 08 08 15. Loc. Bldg. No. No. Address Occupancy 1 1 845 W MADISON ST COSMETIC MANUFACTURING CHICAGO IL 60607 2631 2 2 231 S LASALLE ST RETAIL STORE BANK OF AMERICA BUILDING CHICAGO IL 60604 1426 4 4 511 MADISON AVE RETAIL STORE NEW YORK NY 10022 5601 6 6 104 POWELL ST RETAIL STORE SAN FRANCISCO CA 94102 2204 7 7 3200 LAS VEGAS BLVD S RETAIL STORE STE 2010 LAS VEGAS NV 89109 2612 8 8 600 N MICHIGAN AVE RETAIL STORE CHICAGO IL 60611 3113 9 9 845 NORTH MICHIGAN AVE KIOSK CHICAGO IL 60611 Occupancy COSMETIC MANUFACTURING RETAIL STORE RETAIL STORE RETAIL STORE RETAIL STORE RETAIL STORE KIOSK IL TO 03 04 96 Page 1 END | 2 |
POLICY NUMBER Y660 1060L503 TCT14 ISSUE DATE 08 12 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM COMPOSITE RATES A. SCHEDULE 1. This endorsement modifies insurance provided under the following Coverage Parts COMMERCIAL GENERAL LIABILITY. This endorsement applies to the Declarations from 08 08 14 to 08 08 15 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations.. Definition of Premium Base Bases SEE SCHEDULE. Exceptions if any to compositing of premium calculation 5. Premium Schedule COVERAGE SEE SCHEDULE PREMIUM BASE ESTIMATED EXPOSURE SEE SCHEDULE ADVANCE PREMIUM RATE If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. B. PROVISIONS 1. Referring to the Schedule above the premium for the Coverage Parts shown in item 1 except with respect to any exceptions shown in item 4 shall be computed in accordance with the premium base bases and rate rates desig nated in item 5. 2. The premium for the excepted hazards shall be computed in accordance with the rates and rules filed by us or on our behalf. 3. The advance premium stated above is an es timated premium for the Declarations Period. Upon termination of this period the earned premium shall be computed in accordance with the policy and this endorsement. If the earned premium thus computed exceeds the estimated advance premium paid you shall pay the ex cess to us if less we shall return to you the unearned paid portion. Rates and premiums for any subsequent Declarations Periods shall be determined at the inception date of those respective periods and shall be specified in en dorsements to be added to the policy. After termination of each period the earned premium shall be computed in accordance with the policy and this endorsement. IL T3 02 07 86 Rev. 12 08 Page 1 of 1 | 2 |
POLICY NUMBER 660 1060L503 TCT14 GENERAL PURPOSE ENDORSEMENT ITEM 1 NAMED INSURED TO READ H20 PLUS HOLDINGS INC. H20 PLUS LLC POLA ORBIS HOLDINGS INC. IL T8 00 Page | 2 |
GENERAL LIABILITY | 2 |
GENERAL LIABILITY | 2 |
A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. y660 1060L503 TCT14 COVERAGE PART DECLARATIONS ISSUE DATE 08 12 14 INSURING COMPANY THE TRAVELERS INDEMNITY COMPANY OF CONNECTICUT DECLARATIONS PERIOD From 08 08 14 to 08 08 15 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 100000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 2000000 w v w0 2000000 1000000 1000000 100000 5000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT CGT0O011103 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 OFFICE KANSAS CITY 095 XG345 | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER Y660 1060L503 TCT14 This Schedule applies to the Declarations for the period of 08 08 14 to 08 08 15 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS LOB 250 250 GENERAL LIABILITY COMPOSITE MANUFACTURING SEVERE HAZARD PRODUCTS 20002 PREM OPS s 39038172 PROD C OPS s 21738172 GENERAL LIABILITY COMPOSITE RETAIL STORES ALL OTHER 52950 PREM OPS s 1255366 PROD C OPS s 1255366 nan nan nan nan 0.636 nan 1.208 24828 26260 1255366 1255366 nan nan nan nan 0.852 nan 0.322 1070 405 52563 COVERAGE PART TOTAL This class is subject to the prem ops transition program. If an Xis entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense p Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T008 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement........... Damage Liability Exclusions......... cccoocevemunen Coverage B Personal and Advertising Insuring Agreement........... Injury Liability Exclusions......... cccoocevemunen Coverage C Medical Payments Insuring Agreement........... Exclusions Supplementary Payments SECTION IIWHO IS AN INSURED SECTION IlII LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy..... Duties in the Event of Occurrence Legal Action Against Us Other Insurance. Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Agamst Others To Us. When We Do Not Renew. SECTION V DEFINITIONS Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Beginning on Page Caoverane A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions.2 Coverage B Personal and Advertising Insuring Agreement.5 Injury Liability Exclusions.5 Coverage C Medical Payments Insuring Agreement 7 Exclusions.7 Supplementary Payments................. SECTION I WHO IS AN INSURED... SECTION II LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptey.. Duties in the Event of Occurrence Claim or Sun Legal Action Against Us.. Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Coverage B Personal and Advertising Injury Liability Insuring Agreement............... EXclusions......... cccooeuevurinnne Coverage C Medical Payments CGT0341103 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the 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 Ill Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if c. 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have oc curred 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 occur rence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 CG 00011001 1SO Properties Inc. 2000 Page 1 of 16 | 0 |
COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. c. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or b 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing sell ing serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sis ter 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 as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building i Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY b c d premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This ex ception does not apply if the bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. CG 00011001 1SO Properties Inc. 2000 Page 3 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment 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 dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. 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 4 5 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed oniit. 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 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il 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. 3 G Page 4 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your prod uct or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency in adequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing 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. CG 00011001 1SO Properties Inc. 2000 Page 5 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your adver tisement. Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. Insureds In Media And Internet Type Busi nesses 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 Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment CG 00011001 1SO Properties Inc. 2000 Page 7 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 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 de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance. 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 dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the informa tion 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 The indemnitee and the insured ask us to conduct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investiga tion settlement or defense of the suit Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit Notify any other insurer whose cov erage is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to b c d a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section 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 liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. 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 di rectors 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. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured a. Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation 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 em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose 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 com pany. b c d 2 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 represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision. 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 In sured if there is no other similar insurance avail able 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 pe riod 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. CG 00011001 1SO Properties Inc. 2000 Page 9 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcey or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person 3 Page 10 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 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. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured 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 settle ment 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 Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low 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 c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c 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 If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. 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 in surer 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 entitied to the insured s rights against all those other in surers. When this insurance is excess over other in surance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other in surance would pay for the loss in the ab sence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not 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 contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contrib d 2 CG 00011001 1SO Properties Inc. 2000 Page 11 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums is the date shown as the due date on the bill. If the sum of the advance and audit pre miums paid for the policy 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 compu tation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Oth ers 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 in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. 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 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 a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion 3 Page 12 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfiling 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 or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify 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 in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you 11. b y a labor leasing firm under an agreement be tween you and the labor leasing firm to perform d uties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of p roperty After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft wa tercraft 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 CG 00011001 1SO Properties Inc. 2000 Page 13 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached 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 main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing 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 a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning 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. 2 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services Oral or written publication in any manner of material that violates a person s right of pri vacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical 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 Page 14 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance 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 ma terials or 3 Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence 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 appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is 20. 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. 21. 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 busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity 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. 22. 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. CG 00011001 1SO Properties Inc. 2000 Page 15 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph f.2 Pollution Part 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is b deleted and replaced by the following 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG D255 11 03 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE TERRITORY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following replaces the definition of coverage ter ritory in the DEFINITIONS Section Coverage territory means a. The United States of America including its territo ries 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 a. above or c. All other parts of the world if the injury arises out of personal injury or 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 a. above or in a settliement we agree to. CG D4 23 07 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF DEFINITION OF PERSONAL AND ADVERTISING INJURY The following replaces the definition of personal and advertising injury in the DEFINITIONS Sec tion Personal and advertising injury means personal injury or advertising injury. B. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES BECAUSE OF PERSONAL INJURY ASSUMED BY NAMED INSURED IN AN INSURED CON TRACT 1. The following is added to Exclusion e. Con tractual Liability in Paragraph 2. of SEC TION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This exclusion also does not apply to liability for damages because of personal injury as sumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed by you in an in sured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that 1 Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2 CG D4 7102 09 2009 The Travelers Companies Inc. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces the first paragraph of Paragraph f. of the definition of insured con tract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing 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 property damage or per sonal injury to a third party or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Published With Knowledge Of Falsity in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY b. Material Published With Knowledge Of Falsity Personal injury or advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its fal sity. 2. The following replaces Exclusion c. Material Published Prior To Policy Period in Para Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. CG D4 7102 09 | 2 |
COMMERCIAL GENERAL LIABILITY graph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY c. Material Published Or Used Prior To Policy Period 1 Personal injury or advertising in jury arising out of oral or written pub lication including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or Advertising injury arising out of in fringement of copyright title or slo gan in your advertisement whose first infringement in your advertise ment was committed before the be ginning of the policy period. The following replaces Exclusion f. Breach Of Contract in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY f. Breach Of Contract Advertising injury arising out of a breach of contract. 2 The following replaces Exclusion g. Quality Or Performance of Goods Failure To Conform To Statements in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY g. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the fail ure of goods products or services to con form with any statement of quality or per formance made in your advertisement. The following replaces Exclusion h. Wrong Description Of Prices in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your ad vertisement. The following replaces Exclusion i. In fringement Of Copyright Patent Trade mark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury or advertising injury arising out of any actual or alleged in fringement or violation of any of the fol lowing rights or laws or any other per sonal injury or advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or vio lation of another s copyright title or slogan in your advertisement or 2 Any other personal injury or adver tising injury alleged in any claim or suit that also alleges any such in fringement or violation of another s copyright title or slogan in your advertisement. 7. The following replaces Exclusion j. Insureds In Media And Internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY j Insureds In Media And Internet Type Businesses Personal injury or advertising injury arising out of an offense committed by an insured whose business is 1 Advertising broadcasting or pub lishing 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion does not apply to Para graphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion mpanies Inc. CG D4 7102 09 vices Office Inc. with its permission. Page 2 of 4 2009 The Travelers Companies Inc. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 1 Creating and producing correspon dence written in the conduct of your business bulletins financial or an nual reports or newsletters about your goods products or services will not be considered the business of publishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publish ing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2 Claim or suit by or on behalf of a govern mental authority because of testing for monitoring cleaning up removing con taining treating detoxifying or neutraliz ing or in any way responding to or as sessing the effects of pollutants. D. AMENDMENT OF WHO IS AN INSURED The following replaces the introductory phrase of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED 1 Bodily injury or personal injury E. AMENDMENT OF LIMITS OF INSURANCE The following replaces Paragraph 4. of SECTION 1l LIMITS OF INSURANCE Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal injury and advertising injury sus tained by any one person or organization. F. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury a. Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including pub lication by electronic means of material in your advertisement that slanders or li bels a person or organization or dispar ages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a 2 CG D4 7102 09 2009 The Travelers Companies Inc. person or organization that claims to have been slandered or libeled or that claims to have had its goods products or ser vices disparaged 2 Oral or written publication including pub lication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness b Unreasonably places a person in a false light or c Discloses information about a per son s private life or 3 Infringement of copyright title or slo gan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Broadcasting means transmitting any audio or visual material for any purpose a. By radio or television or b. In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instruc tional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. Personal injury a. Means injury other than advertising injury caused by one or more of the following of fenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or inva sion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Page 3 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
COMMERCIAL GENERAL LIABILITY 4 Oral or written publication including pub 5 lication by electronic means of material that slanders or libels a person or organi zation or disparages a person s or or ganization s goods products or services provided that the claim is made or the suit is brought by a person or organiza tion that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged or Oral or written publication including pub lication by electronic means of material that a Appropriates a person s name voice photograph or likeness b Unreasonably places a person in a false light or c Discloses information about a per son s private life. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Slogan a. Means a phrase that others use for the pur pose of attracting attention in their advertis ing. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. Title means a name of a literary or artistic work. Page 4 of 4 CG D4 7102 09 2009 The Travelers Companies Inc. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism R criteria contained in the Terror for a certified act of terrorism 1. The act resulted in insured million in the aggregate at insurance subject to the T Act and 2. The act is a violent act or to human life property o committed by an individua of an effort to coerce the c United States or to influer the conduct of the United coercion. ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The actis a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CG 21700108 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Paragraph 4. Other Insurance is amended as follows 1. The following is added to Paragraph a. Primary Insurance However if you specifically agree in a written con tract or written agreement that the insurance pro vided to an additional insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insur ance is primary to other insurance that is avail able to such additional insured which covers such additional insured as a named insured and we will not share with that other insurance provided that a. The bodily injury or property damage for which coverage is sought occurs and b. The personal injury or advertising injury for which coverage is sought arises out of an of fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph 2 of Paragraph b. Ex cess Insurance regarding any other primary in surance available to you is deleted. The following is added to Paragraph b. Excess Insurance as an additional subparagraph under Subparagraph 1 That is available to the insured when the insured is added as an additional insured under any other policy including any umbrella or excess policy. CG D0 37 04 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY 1. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS WHO IS AN INSURED SECTION II is amended to include as an insured any person or organiza tion called hereafter additional insured with whom you have agreed in a written contract executed prior to loss to name as an additional insured but a. Only with respect to liability because of bodily injury or property damage arising out of your work for that additional insured performed by you or for you and b. Subject to any limitations in the written con tract regarding the scope of the additional insured status. This insurance does not apply to bodily injury or property damage arising out of your work included in the products completed operations hazard unless you are required to provide such coverage by written contract and then only for the period of time required by the contract but in no event beyond the expiration date of the policy. The Limits of Insurance provided to such addi tional insured shall be a. The limits which you have agreed to provide or b. The limits shown on the Declarations whichever is less. 3. This insurance is excess over any valid and col lectible insurance unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. 4. This insurance does not apply on any basis a. To any person or organization for whom you have purchased an Owners and Contractors Protective policy. b. To any person or organization who dis tributes or sells your products in the regular course of its business. c. To any person or organization from whom you have acquired any products or any in gredient part or container entering into ac companying or containing such products. d. To any manager or lessor of premises with respect to liability arising out of the owner ship maintenance or use of that part of any premises leased to you. e. To any lessor of leased equipment. f. To any architect engineer or surveyor for injury or damage arising out of 1 The preparing approving or failing to prepare or approve maps drawings opinions reports surveys change or ders designs or specifications and 2 Supervisory inspection or engineering services. CG D144 0196 Copyright The Travelers Indemnity Company 1996. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CGD2031297 Copyright Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION COOLING DEHUMIDIFYING AND WATER HEATING EQUIPMENT EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 1ai of Exclusion f. Pollution in Paragraph 2. of SECTION COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests CG D4 1304 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Broadened Named Insured B. Blanket Additional Insured Broad Form Vendors C. Damage To Premises Rented To You Perils of fire explosion lightning smoke water Limit increased to 300000 D. Blanket Waiver Of Subrogation E. Blanket Additional Insured Owners Managers Or Lessors Of Premises F. Blanket Additional Insured Lessors Of Leased Equipment G. Incidental Medical Malpractice H. Personal Injury Assumed By Contract I. Amended Bodily Injury Definition PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION Il WHO IS AN INSURED Any organization other than a partnership or joint venture over which you maintain owner ship or majority interest on the effective date of the policy qualifies as a Named Insured. However coverage for any such organization will cease as of the date during the policy pe riod that you no longer maintain ownership of or majority interest in such organization. 2. The following replaces Paragraph 4.a. of SECTION Il WHO IS AN INSURED a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier unless reported in writing to us within 180 days. J. Bodily Injury To Co Employees And Co Volunteer Workers K. Aircraft Chartered With Crew o ooz Non Owned Watercraft Increased From 25 Feet To 50 Feet. Increased Supplementary Payments Cost of bail bonds increased to 2500 Loss of earnings increased to 500 per day Medical Payments Increased Limit. Knowledge And Notice Of Occurrence Or Offense Unintentional Omission. Reasonable Force Bodily Injury Or Property Damage BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with re spect to liability for bodily injury or property damage that a. s caused by an occurrence that takes place after you have signed and executed that con tract or agreement and b. Arises out of your products which are dis tributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following provisions Page 1 of 7 CG D4580713 2013 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY a. The limits of insurance provided to such ven dor will be the limits which you agreed to pro vide in the written contract or agreement or the limits shown in the Declarations of this Coverage Part whichever are less. b. The insurance provided to such vendor does not apply to 1 Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement 2 Any express warranty unauthorized by you 3 Any physical or chemical change in your products made intentionally by such vendor Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections ad justments tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business in connection with the distribution or sale of your products Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your prod ucts or Your products which after distribution or sale by you have been labeled or rela beled or used as a container part or in gredient of any other thing or substance by or for such vendor. Coverage under this provision does not apply to a. Any person or organization from whom you have acquired your products or any ingre dient part or container entering into accom panying or containing such products or b. Any vendor for which coverage as an addi tional insured specifically is scheduled by en dorsement. C. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY IN 4 5 6 JURY AND PROPERTY DAMAGE LIABIL ITY Exclusions. through n. do not apply to dam age to premises while rented to you or tem porarily occupied by you with permission of the owner caused by a. Fire b. Explosion c. Lightning d. Smoke resulting from such fire explosion or lightning or e. Water. A separate limit of insurance applies to such damage to premises as described in Para graph 6. of Section lll Limits Of Insurance. This insurance does not apply to damage to premises while rented to you or temporarily occupied by you with permission of the owner caused by a. Rupture bursting or operation of pres sure relief devices b. Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from wa ter c. Explosion of steam boilers steam pipes steam engines or steam turbines. The following replaces Paragraph 6. of SEC TION Ill LIMITS OF INSURANCE Subject to 5. above the Damage To Prem ises 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 temporarily occupied by you with permission of the owner caused by fire explosion lightning smoke resulting from such fire explosion or lightning or wa ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same occurrence whether such damage results from fire explosion lightning smoke resulting from such fire ex plosion or lightning water or any combina tion of any of these. The Damage To Premises Rented To You Limit will be the higher of a. 300000 or b. The amount shown on the Declarations of this Coverage Part for Damage To Prem ises Rented To You Limit. CG D4580713 Page 2of 7 2013 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY CG D4580713 3. The following replaces Paragraph a. of the definition of insured contract in the DEFINI TIONS Section a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you or tempo rarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from such fire ex plosion or lightning or 5 Water. is not an insured contract 4. The following replaces Paragraph 4.b.1b of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS b That is insurance for premises rented to you or temporarily occupied by you with the permission of the owner D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you ongoing operations performed by you or on your behalf done under a contract with that person or organization your work or your products. We waive this right where you have agreed to do so as part of a written contract executed by you prior to loss. BLANKET ADDITIONAL INSURED OWNERS MANAGERS OR LESSORS OF PREMISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal injury or advertising injury that a. Is bodily injury or prop by an occurrence that sonal injury or advertis an offense that is comn signed and executed th ment and b. Arises out of the owner use of that part of any you. The insurance provided to s manager or lessor is subjec visions a. The limits of insuranc premises owner manag the limits which you agr written contract or agre shown on the Declaratic Part whichever are less. b. The insurance provide owner manager or lessc 1 Bodily injury or caused by an oc place or personal i injury caused by an mitted after you ce that premises or Structural alterations demolition operation behalf of such prem or lessor. c. The insurance provide owner manager or less valid and collectible othe to such premises owner unless you have agreed for this insurance to ar contributory basis. BLANKET ADDITIONAL IN OF LEASED EQUIPMENT The following is added to SI AN INSURED Any person or organization lessor and that you have ag tract or agreement to includ sured on this Coverage Pa only with respect to liabilit property damage person ing injury that a. Is bodily injury or prop by an occurrence that sonal injury or advertis an offense that is comn 2013 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. a. Is bodily injury or property damage caused by an occurrence that takes place or per sonal injury or advertising injury caused by an offense that is committed after you have signed and executed that contract or agree ment and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following pro visions a. The limits of insurance provided to such premises owner manager or lessor will be the limits which you agreed to provide in the written contract or agreement or the limits shown on the Declarations of this Coverage Part whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Bodily injury or property damage caused by an occurrence that takes place or personal injury or advertising injury caused by an offense that is com mitted after you cease to be a tenant in that premises or Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. c. The insurance provided to such premises owner manager or lessor is excess over any valid and collectible other insurance available to such premises owner manager or lessor unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. F. BLANKET ADDITIONAL INSURED LESSORS OF LEASED EQUIPMENT The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is an equipment lessor and that you have agreed in a written con tract or agreement to include as an additional in sured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal injury or advertis ing injury that a. Is bodily injury or property damage caused by an occurrence that takes place or per sonal injury or advertising injury caused by an offense that is committed after you have y Company. All rights reserved. Page 3 of 7 Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree ment and Is caused in whole or in part by your acts or omissions in the maintenance operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement or the limits shown on the Decla rations of this Coverage Part whichever are less. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage caused by an occurrence that takes place or personal injury or ad vertising injury caused by an offense that is committed after the equipment lease expires. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor unless you have agreed in a written contract for this insurance to apply on a pri mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of oc currence in the DEFINITIONS Section Unless you are in the business or occupation of providing professional health care services occurrence also means an act or omission committed in providing or failing to provide incidental medical services to a person. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances c. Firstaid or d. Good Samaritan services. Good Samaritan services means any emer gency medical services for which no compen sation is demanded or received. The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to any bodily injury arising out of any providing or failing to provide incidental medical services by any of your employees other than an employed doctor. Any such employees providing or failing to provide incidental medical services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. The following exclusion is added to Para graph 2. Exclusions of SECTION COV ERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti cals committed by or with the knowledge or consent of the insured. The following is added to Paragraph 5. of SECTION Il LIMITS OF INSURANCE For the purposes of determining the applica ble Each Occurrence Limit all related acts or omissions committed in the providing or fail ing to provide incidental medical services to any one person will be considered one oc currence. The following is added to Paragraph 4.b. Ex cess Insurance of SECTION IV COM MERCIAL GENERAL LIABILITY CONDI TIONS This insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED. H. PERSONAL INJURY ASSUMED BY CON TRACT 1. The following replaces Exclusion e. Contrac tual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE B PER SONAL AND ADVERTISING INJURY LI ABILITY CG D4580713 Page 4 of 7 2013 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY e. Contractual Liability Personal injury or advertising injury 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 1 Liability for damages that the insured would have in the absence of the contract or agreement or Liability for damages because of personal injury assumed in a con tract or agreement that is an insured contract provided that the personal injury is caused by an offense com mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable at torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section I Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B d. The allegations in the suit and the in formation we know about the occur rence or offense are such that no conflict appears to exist between the interests of 2 the insured and the interests of the in demnitee 4. The following replaces the first subparagraph of Paragraph f. of the definition of insured contract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing 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 property damage or per sonal injury to a third person or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. AMENDED BODILY INJURY DEFINITION The following replaces the definition of bodily in jury in the DEFINITIONS Section Bodily injury means bodily injury mental an guish mental injury shock fright disability hu miliation sickness or disease sustained by a per son including death resulting from any of these at any time. BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraph 1a above does not apply to bodily injury to a coemployee in the course of the co employee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to an aircraft that is a Chartered with crew to any insured b Not owned by any insured and c Not being used to carry any person or prop erty for a charge. L. NON OWNED WATERCRAFT 1. The following replaces Paragraph 2 of Ex clusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Page 50of 7 CG D4580713 2013 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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