text stringlengths 1 8.07k | labels int64 0 2 |
|---|---|
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Ill Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if 1 The offense was committed in the coverage territory 2 The offense was not committed before the Retroactive Date if any shown in the Declarations or after the end of the policy period and 3 A claim for damages because of the personal and advertising injury is first made against any insured in accordance with Paragraph c. below during the policy period or any Extended Reporting Period we provide under Section V Extended Reporting Periods. c. A claim made by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by us whichever comes first or 2 When we make settlement in accordance with Paragraph a. above. All claims for damages because of personal and advertising injury to the same person or organization as a result of an offense 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. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication in any manner of material whose first publication took place before the Retroactive Date if any shown in the Declarations. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Page 6 of 18 Insurance Services Office Inc. 2012 CG 00020413 | 1 |
. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement.. 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 to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. 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.. 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.. Poliution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing freating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants.. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 3 CG 00020413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
p. Recording And Distribution Of Material In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing 4 dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE C MEDICAL PAYMENTS. 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 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 b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. Page 8 of 18 Insurance Services Office Inc. 2012 CG 000204 13 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. Al reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit b c Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d CG 00020413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by b c you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Page 10 of 18 Insurance Services Office Inc. 2012 CG 000204 13 | 1 |
2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations uniess the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or 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. Notice of an occurrence or offense is not notice of a claim. b. If a claim is received by any insured you must 1 Immediately record the specifics of the claim 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 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 a 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 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part uniess all of its terms have been fully complied with. 4 CG 00020413 Insurance Services Office Inc. 2012 Page 11 of 18 | 1 |
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 settiement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is effective prior to the beginning of the policy period shown in the Declarations of this insurance and applies to bodily injury or property damage on other than a claims made basis if i. No Retroactive Date is shown in the Declarations of this insurance or ii. The other insurance has a policy period which continues after the Retroactive Date shown in the Declarations of this insurance i That is Fire Extended Coverage Builders Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner iv 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 v If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entited 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. Page 12 of 18 Insurance Services Office Inc. 2012 CG 00020413 | 1 |
5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 10.Your Right To Claim And Occurrence Information We will provide the first Named Insured shown in the Declarations the following information relating to this and any preceding general liability claims made Coverage Part we have issued to you during the previous three years a. Alist or other record of each occurrence not previously reported to any other insurer of which we were notified in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition. We will include the date and brief description of the occurrence if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately under any applicable General Aggregate Limit and Products Completed Operations Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be regarded as ultimate settlement values. You must not disclose this information to any claimant or any claimant s representative without our consent. If we cancel or elect not to renew this Coverage Part we will provide such information no later than 30 days before the date of policy termination. In other circumstances we will provide this information only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will provide this information within 45 days of receipt of the request. We compile claim and occurrence information for our own business purposes and exercise reasonable care in doing so. In providing this information to the first Named Insured we make no representations or warranties to insureds insurers or others to whom this information is furnished by or on behalf of any insured. Cancellation or nonrenewal will be effective even if we inadvertently provide inaccurate information. SECTION V EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is canceled or not renewed or b. We renew or replace this Coverage Part with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or CG 00020413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
2 Does not apply to bodily injury property damage or personal and advertising injury on a claims made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for a. Bodily injury or property damage that occurs before the end of the policy period but not before the Retroactive Date if any shown in the Declarations or b. Personal and advertising injury caused by an offense committed before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Once in effect Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for a. Five years with respect to claims because of bodily injury and property damage arising out of an occurrence reported to us not later than 60 days after the end of the policy period in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition b. Five years with respect to claims because of personal and advertising injury arising out of an offense reported to us not later than 60 days after the end of the policy period in accordance with Paragraph 2.a. of the Section IV Duties In The Event Of Occurrence Offense Claim Or Suit Condition and c. Sixty days with respect to claims arising from occurrences or offenses not previously reported to us. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. 4. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. 5. A Supplemental Extended Reporting Period of unlimited duration is available but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period set forth in Paragraph 3. above ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional 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 exposures insured b. Previous types and amounts of insurance c. Limits of Insurance available under this Coverage Part for future payment of damages and d. Other related factors. The additional premium will not exceed 200 of the annual premium for this Coverage Part. This endorsement shall set forth the terms not inconsistent with this section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. 6. If the Supplemental Extended Reporting Period is in effect we will provide the supplemental aggregate limits of insurance described below but only for claims first received and recorded during the Supplemental Extended Reporting Period. The supplemental aggregate limits of insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period for such of the following limits of insurance for which a dollar amount has been entered General Aggregate Limit Products Completed Operations Aggregate Limit Paragraphs 2. and 3. of Section lll Limits Of Insurance will be amended accordingly. The Personal and Advertising Injury Limit the Each Occurrence Limit and the Damage To Premises Rented To You Limit shown in the Declarations will then continue to apply as set forth in Paragraphs 4. 5. and 6. of that section. SECTION VI DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 14 of 18 Insurance Services Office Inc. 2012 CG 00020413 | 1 |
. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settiement we agree to. 3. 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 uncontroliable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 2 CG 00020413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
10. 1 12 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 Paragraph 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handiing of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicie insurance law are considered autos..Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions..Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landiord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or Page 16 of 18 Insurance Services Office Inc. 2012 CG 000204 13 | 1 |
g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are stil in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 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. c 3 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. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and CG 00020413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CG 00020413 | 1 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUPPLEMENTARY PAYMENTS INCLUDED WITHIN LIMITS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SUPPLEMENTARY PAYMENTS INCLUDED WITHIN LIMITS OF INSURANCE 1. Insuring Agreement Paragraph 1.a.2 of Coverage A Bodily Injury and Property Damage Liability and Paragraph 1.a.2 of Coverage B Personal and Advertising Injury Liability in Section Coverages are replaced by the following 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 supplementary payments under Coverages A or B or medical expenses under Coverage C. This applies both to claims and suits pending at that time and those filed thereafter. We have the right to withdraw from the defense of any suit when we have used up the applicable limit of insurance. 2. Contractual Liability Paragraph 2.b. of Coverage A Bodily Injury and Property Damage Liability is replaced by the following This insurance does not apply to b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. 3. Supplementary Payments Supplementary Payments Coverages A and B of Section Coverages is replaced by the following With respect to any suit we defend and subject to the applicable Limit of Liability we will pay a. Both 1 Fees salaries and expenses of attorneys legal interns and paralegals we retain including our employees and 2 All other expenses we incur except for the salaries fees and expenses of LC 25081013 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0f 4 | 2 |
a Independent adjusters we might hire and b Any of our employees other than those described in a.1 above that are directly allocable to the particular claim or suit. 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 costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. Allinterest 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. ALL SUPPLEMENTARY PAYMENTS MADE PURSUANT TO THIS ENDORSEMENT WILL REDUCE THE LIMITS OF INSURANCE AVAILABLE. However amounts we pay for the salaries fees and expenses of 1 Independent adjusters we might hire and 2 Any of our employees other than those described in a.1 will not reduce the Limits of insurance. 4. Amendment Limits of Insurance Section l Limits of Insurance is amended as follows a. The following item is added to Paragraph 2 d. Amounts paid under Supplementary Payments Coverages A and B. b. Paragraphs 3. 4. and 5. are replaced by the following 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for a. Damages because of bodily injury and property damage included in the products completed operations hazard and LC 2508 10 13 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. Amounts paid under Supplementary Payments Coverages A and B because of suits or claims for damages because of bodily injury and property 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 Coverage B for the sum of all damages and amounts paid under Supplementary Payments Coverages A and B because of all personal and advertising injury sustained by any one person or organization. If personal and advertising injury are caused by one offense resulting in claims during the policy period and during the policy period of one or more prior andor future claims made general liability policies issued to you by us then this policy s Personal and Advertising Injury Limit will be reduced by the amount of each payment made by us under the other policyies because of such offense committed. 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. Amounts paid under Supplementary Payments Coverages A and B and c. Medical Expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. If one occurrence causes bodily injury andor property damage resulting in claims during the policy period and during the policy period of one or more prior andor future claims made general liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. 5. Commercial General Liability Conditions The following Condition is added to Section IV Commercial General Liability Conditions Transfer of Duties When a Limit of Insurance is Used Up a. When a limit of insurance has actually been used up in the payment of judgment settiements supplementary payments andor medical expenses 1 We will notify the first Named Insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend claims and suits seeking damages subject to that limit has also ended. 2 The first Named Insured will as soon as practicable arrange for the transfer of control of the defense of all such claims and suits against you or any other insured. 3 We will assist the first Named Insured in and all insureds must cooperate in the transfer of control of the defense of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. 4 We will take steps we deem appropriate to avoid a default in or continue the defense of such LC 2508 10 13 2013 Liberty Mutual Insurance. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
claims or suits until the transfer is completed provided the appropriate insured is cooperating in completing such transfer. The first Named Insured will reimburse us for any expenses we incur for which expenses each Named Insured is jointly and severally liable to take such steps on and after the date on which the applicable limit of insurance is used up. 5 We will take no action whatsoever with respect to any claim or suit reported to us after the applicable limit of insurance has been used up. b. The duty of the first Named Insured to reimburse us will begin on the date the applicable limit of insurance is used up. The exhaustion of any limit of insurance by the payments of judgments settlements supplementary payments andor medical expenses and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. B. LIMITED DEFENSE BY INSURED COVERAGES A AND B The following additional provisions apply under this endorsement if by mutual agreement or court order the insured is given the right to assume control of the defense of claims or suits 1. Paragraph 1.a.2 of Coverage A and 1.a.2 of Coverage B of the Insuring Agreements in Section Coverages as amended by A.1. of this endorsement are replaced by the following 2 Our right and duty to defend or pay defense costs under Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settiements or supplementary payments under Coverages A or B or medical expenses under Coverage C. This applies both to claims and suits pending at that time and those filed thereafter. We have the right to withdraw from the defense of any suit when we have used up the applicable limit of insurance. Supplementary Payments Coverages A and B in Section is amended to include the following h. Reasonable fees of attorneys legal interns and paralegals other than salaries and expenses of the insured s employees the insured retains to defend a suit. If any applicable limit of insurance is available for payment of judgments settlements supplementary payments andor medical expenses a. We retain the right at our discretion to 1 Settle or approve the settiement of any claim or suit. 2 Appeal any judgment at our expense. b. You and any other involved insured must 1 Continue to comply with Paragraph 2. Duties in the Event of Occurrence Offense Claim or Suit of Section IV Commercial General Liability Conditions as well as the other provisions of this Coverage Part and 2 Direct defense counsel to a Furnish us with the information we may request to evaluate claims or suits and coverage under this Coverage Part for those claims or suits and b Cooperate with any counsel we may select to monitor or associate in the defense of those claims or suits. LC 2508 10 13 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM RESPONSIBILITY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILTY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART Paragraph E. Premiums of the Common Policy Conditions is replaced by the following 1. Each Named Insured is jointly and severally liable for all premiums due under this policy and for any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 2. The first Named Insured will be the payee for any return premiums we pay. LC 99360213 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Limit Of Insurance Each Employee Premium Deductible Employee Benefits 1000000 each employee 13762 Included Programs FinnChem 1000000 aggregate Canada Inc. HD Tech 137620 Al Other Entites Retroactive Date 01012010 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam ages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages to which this insurance does not ap ply. We may at our discretion investigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Paragraph D. Section 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 un less explicitly provided for under Supple mentary Payments. This insurance applies to damages only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3 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 S0 Properties Inc. 2006 Page 1 0of 6 | 2 |
2 When we make settlement in accord ance with Paragraph a. above. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim.. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 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.. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury.. Failure To Perform A Contract Damages arising out of failure of perfor mance of contract by any insurer.. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram.. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 2. of the Supplementary Payments provision do not apply. C. For the purposes of the coverage provided by this endorsement Paragraphs 2. and 3. of Section Il Who Is An Insured are replaced by the following 2. Each of the following is also an insured a. Each of your employees who is or was authorized to administer your employee benefit program. b. Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal repre sentative is appointed. CG 04351207 ISO Properties Inc. 2006 Page 2 of 6 | 2 |
c. Your legal representative if you die but only The Li with respect to duties as such. That repre apply sentative will have all your rights and duties period under this Endorsement. 12 mo 3. Any organization you newly acquire or form policy other than a partnership joint venture or limited policy liability company and over which you maintain unless ownership or majority interest will qualify as a ance f Named Insured if no other similar insurance months applies to that organization. However brde a. Coverage under this provision is afforded gnc only until the 90th day after you acquire or form the organization or the end of the poli 2. Deduc cy period whichever is earlier. a. Our b. Coverage under this provision does not the apply to any act error or omission that was dan committed before you acquired or formed an the organization. Zlnec D. For the purposes of the coverage provided by this this endorsement Section Ill Limits Of Insurance is replaced by the following b. gg 1. Limits Of Insurance by a. The Limits of Insurance shown in the em Schedule and the rules below fix the most bec we will pay regardiess of the number of Whi 1 Insureds c. The 2 Claims made or suits brought witt 3 Persons or organizations making U i claims or bringing suits 4 Acts errors or omissions or i 5 Benefits included in your employee I benefit program. app b. The Aggregate Limit is the most we will pay ded for all damages because of acts errors or omissions negligently committed in the d. lle administration of your employee benefit clea program. acti c. Subject to the Aggregate Limit the Each us f Employee Limit is the most we will pay for we all damages sustained by any one em E. For th ployee including damages sustained by. 01 pu such employee s dependents and benefi g orsems ciaries as a result of ommerc. replaced b 1 An act error or omission or 2. Duties 2 A series of related acts errors or omis Omissi sions a. You negligently committed in the administra S00 tion of your employee benefit program. sion However the amount paid under this en exte dorsement shall not exceed and will be 1 subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. CG 04351207 S0 Properties Inc. 2006 The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy period is extended after issu ance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insur ance. 2. Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of the deductible amount stated in the Schedule as applica ble to Each Employee. The limits of insur ance shall not be reduced by the amount of this deductible. b. The deductible amount stated in the Schedule applies to all damages sustained by any one employee including such employee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c. The terms of this insurance including those with respect to 1 Our right and duty to defend any suits seeking those damages and 2 Your duties and the duties of any other involved insured in the event of an act error or omission or claim apply irrespective of the application of the deductible amount. d. We may pay any part or all of the deducti ble amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as we have paid. E. For the purposes of the coverage provided by this endorsement Conditions 2. and 4. of Section IV Commercial General Liability Conditions are replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and Page 3 of 6 | 2 |
2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settiement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent.. Other Insurance If other valid and collectible insurance is avail able to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance This insurance is primary except when Par agraph b. below applies. If this insurance is primary our obligations are not affected un less any of the other insurance is also pri mary. Then we will share with all that other insurance by the method described in Par agraph c. below. b. Excess Insurance 1 This insurance is excess over any of the other insurance whether primary ex cess contingent or on any other basis that is effective prior to the beginning of the policy period shown in the Schedule of this insurance and that applies to an act error or omission on other than a claims made basis if a No Retroactive Date is shown in the Schedule of this insurance or b The other insurance has a policy period which continues after the Ret roactive Date shown in the Schedule of this insurance. 2 When this insurance is excess we will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of the total amount that all such other insurance would pay for the loss in absence of this insurance and the total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insur ance shown in the Schedule of this en dorsement. c. Method Of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not per mit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limits of insurance to the total applicable limits of insurance of all insurers. CG 04351207 IS0 Properties Inc. 2006 Page 4 of 6 | 2 |
F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replaces any similar Section in that Coverage Part EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extend ed Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing 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 damag es and d. Other related factors. The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts.. 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. Handiing records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions.. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars.. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. CG 04351207 ISO Properties Inc. 2006 Page 5 of 6 | 2 |
4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s el igibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disa bility benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 5. and 18. in the Defini tions Section are replaced by the following 5. 18. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. Issued CG 04351207 IS0 Properties Inc. 2006 Page 6 of 6 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED MAJORITY INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The term Named Insured includes in addition to the person or organization designated in the Declarations as the first Named Insured 1. Kemira Water Solutions Canada Inc. FinnChem Canada Inc but only while the first Named Insured directly or indirectly owns during the policy period an interest therein of more than 50 and 2. any other organization except for a partnership or joint venture incorporated or organized under the laws of the United States of America or its states territories or possessions Puerto Rico or Canada or its provinces but only while the first Named Insured or any of the Named Insureds in Paragraph A.1. above directly or indirectly owns during the policy period an interest therein of more than 50. But of the above designated persons or organizations is a Named Insured with respect to 1 bodily injury or property damage that occurred or 2 personal and advertising injury caused by an offense or a series of related offenses committed prior to the ownership interests described in Paragraph A.1. or A.2. above. B. Paragraph 3. of Section Il Who Is An Insured is deleted. C. The final paragraph of Section Il Who Is An Insured is replaced by the following A partnership or joint venture is not a Named Insured unless it is shown in the Declarations or in Paragraph A.1. of this endorsement. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations or in Paragraph A.1. of this endorsement or for any limited liability company that is not a Named Insured. D. The first Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. LC 99400213 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP CANADIAN EMPLOYERS LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Subject to all other terms conditions and exclusions in the policy Exclusion e Employers Liability is deleted with respect to bodily injury that occurs in Canada. B. Insurance provided by this endorsement is not applicable to any employee s claim or suit if the claim or suit seeks damages that are covered by a Workers Compensation and Employers Liability Policy Workers Compensation Excess Policy or Workers Compensation self insurance program. LD 0407 05 11 2011 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TIME ELEMENT POLLUTION LIABILITY COVERAGE Limited Off Site Bodily Injury Property Damage and Cleanup Costs Pollution Liability Coverage Limited On Site Bodily Injury Pollution Liability Coverage THIS IS DEFENSE WITHIN THE LIMITS COVERAGE. AMOUNTS WE SPEND ON DEFENSE OF CLAIMS AND SUITS WILL REDUCE THE LIMITS OF LIABILITY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The terms of this endorsement are subject to all of the provisions of the policy not expressly modified in this endorsement. However Blanket Additional Insured provisions and Additional Insured endorsements that do not specifically refer to this endorsement will not apply to coverage under this endorsement. 1. DEFINITIONS As used in this endorsement Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury does not include mental anguish emotional distress or similar injury unless caused by physical injury. Cleanup costs means any loss cost or expense atising out of any 2. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to restore or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority or othes for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding o testoring or assessing the effects of pollutants. 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. II. INSURING AGREEMENT 1. a Subject to b. and d. below we will pay those sums that the insured becomes legally obligated to pay for 1 Compensatory damages for bodily injury or property damage arising out of the discharge release or escape of pollutants a From a contained state at any premises site or location which is currently owned or occupied by or rented or loaned to the Named Insured or b From a contained state at any premises site or location on which the Named Insured is performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by the Named Insured and 2 Cleanup costs that result from a discharge release or escape of pollutants described in 1a and b above. LN 04 08 06 05 Page10f6 | 2 |
No other obligation o liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. Coverage provided under this endorsement applies only if the initial discharge release or escape of pollutants from a contained state 1 Commences during the policy period and 2 begins and ends completely within 6 days provided that we are notified in writing within 30 days of the commencement of the discharge release or escape of pollutants from a contained state regardless of when the insured becomes aware of the discharge release or escape.. We have the right and duty to defend any suit secking those sums covered under this endorsement. We may at our discretion investigate or scitle any claim or suit secking such sums. Our right and duty to defend apply whether or not the sum of amounts paid under a. above and Supplementary Payments exceeds the deductible. d. 1 The amount we will pay for damages cleanup costs and or Supplementary Payments is limited as described in SECTION IV LIMITS OF INSURANCE below. 2 Our right and duty to defend or pay defense costs under Supplementary Payments end when we have used up the applicable limit of insurance in the payment of judgments or settlements and or Supplementary Payments. This applies both to claims and suits pending at that time and those filed thereafter. We have the right to withdraw from the defense of any suit when we have used up the applicable limit of insurance. 2. Exclusions a. Paragraph 2. Exclusions of Section I Coverage A applies to coverage under this endorsement except as stated below. Each exclusion in Paragraph 2. of Coverage A will apply to cleanup costs as well as bodily injury and property damage. 1 Exclusion Pollution of paragraph 2. Exclusions of Section I Coverage A does not apply to coverage expressly granted by this endorsement. 2 The following is added to Exclusion j. Damage to Property of Paragraph 2. Exclusions of Section I Coverage A Ifa release discharge o escape of pollutants requires cleanup of property to which this exclusion applies as well as other properry we will pay only for the cleanup costs for the other property. b Additionally this endorsement does not apply to 1 Bodily injury property damage or cleanup costs asising from hostile fire 2 Fines penalties and exemplary or punitive damages 3 Bodily injury property damage or cleanup costs arising out of the discharge release or escape of pollutants from an underground storage tank including any attached pumps valves or piping which Ts buried below the surface of the ground or wates or b At any time had been buried under the surface of the ground or water and then subsequently exposed. LN 04 08 06 05 Page20f 6 | 2 |
For purposes of this exclusion buried means that at least 10 of the tank is below the surface of the ground. 4 Any bodily injury property damage or cleanup costs determined fo be covered in whole or in part under any other part of the policy including any other endorsements o which this endorsement is attached. TII. DEFENSE WITHIN LIMITS 1. With respect to claims or suits to which this endorsement applies SUPPLEMENTARY PAYMENTS COVERAGE A AND B of SECTION I COVERAGES is replaced by We will pay with respect to any claim we investigate or settle or any suit against an insured we defend 1. both a fees salaries and expenses of attomneys legal interns and paralegals we retain including our employees and b all other expenses including but not limited to expenses fees andor any other amounts paid to or for experts and consultants that we incur that are directly allocable to the particular claim or suit. 2. Upto250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments but only for bond amounts within the applicable imit of insurance. We do not have to furnish these bonds. 4 All reasonable expenses incured by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of carnings up to 250 a day because of time off from work. o All costs taxed against the insured in the suit. 6. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time afier the offer. 7. Allinterest 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 ALL SUPPLEMENTARY PAYMENTS MADE PURSUANT TO THIS ENDORSEMENT WILL REDUCE THE LIMITS OF INSURANCE AVAILABLE. However amounts we pay for the salaries fees and expenses of 1 independent adjusters we might hire and 2 any of our employees other than those described in 1. a. will not reduce the Limits of Insurance. With respect to claims or suits to which this endorsement applics the following Condition is added to SECTION 1V COMMERCIAL GENERAL LIABILITY CONDITIONS Transfer of Duties When the Applicable Limit of Insurance Is Used Up. a. When a limit of insurance has been used up in the payment of judgments settlements andor Supplementary Payments LN 04 08 06 05 Page 3 of 6 | 2 |
1 We will notify the first Named Insured and any insured against whom a claim or suit is pending in writing as soon as practicable that a Such a limit has been used up and b Ou duty to defend claims and suits seeking damages or cleanup costs subject to that limit has also ended. 2 The first Named Insured and any insured against whom a claim or suit is pending will as soon as y g p g practicable arrange for the transfer of control of the defense of all such claims and suits. 3 We will assist in and all insureds must cooperate in the transfer of control of the defense of all such claims and suits secking damages or cleanup costs which are subject to that limit and which are reported to us before that limit is used up. 4 We will take steps we deem appropriate to avoid a default in or continue the defense of such claims or suits until the transfer is completed provided the appropriate insured is cooperating in completing such transfer. The first Named Insured and any insured against whom a claim or suit is pending will reimburse us for any expenses we incur for which expenses each Named Insured and each insured against whom the claim or suit is pending are jointly and severally liable o take such steps on and after the date on which the applicable limit of insurance is used up. 5 We will take no action whatsoever with respect o any claim or suit reported to us after the applicable limit of insurance has been used up. b The duty to reimburse us will begin on the date the applicable limit of insurance is used up. The exhaustion of any limit of insurance by the payments of judgments setdements and or Supplementary Payments and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. IV. LIMITS OF INSURANCE 1. a SECTION III LIMITS OF INSURANCE in the policy does not apply to this endorsement. b Damages cleanup costs and Supplementary Payments paid under this endorsement shall not reduce the General Aggregate Limit stated in the Declarations and are not subject o the Each Occurrence Limit listed in the Declarations.. The Limits of Insurance and rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Persons or organizations making claims or bringing suirs. 2. Time Element Pollution Liability Coverage Limits of Insurance 10000000 Per Incident Limit 10000000 Aggregate Limit 13762 FinnChem HD Tcch 137620 All Other Enties Deductible a. The Aggregate Limit is the most we will pay under this endorsement for the sum of all damages paid for bodily injury and property damage cleanup costs and amounts paid under Supplementary Payments. LN 04 08 06 05 Page 4 of 6 | 2 |
Subject to the Aggregate Limit the Per Incident Limit is the most we will pay for the sum of all damages paid for bodily mjury and property damage cleanup costs and amounts paid under Supplementary Payments aising out of any discharge release or escape of pollutants from a contained state or any serics of interrelated or associated discharges releases ot escapes of pollutants from the same contained state arising from the same or similar cause. If a series of interrelated or associated discharges releases or escapes of pollutants arising from the same or similar causes includes discharges releases or escapes of pollutants that commence during this policy period and discharges releases or escapes of pollutants that commence during the policy period of one or mote prior andor future Pollution Liability Coverage Endorsements issued fo you by us then this endorsement s Per Incident Limit will be reduced by the amount of cach payment made by us under the other endorsements because of such discharges releases and escapes of pollutants. Deductible For each discharge release or escape covered under the Per Incident Limit you are obligated to pay up to the Deductible for the total of 1 damages paid for bodily injury and property damage 2cleanup costs and 3 Supplementary Payments. We ae obligated to pay only that portion of the total of such damages cleanup costs and Supplementary Payments which exceeds such deductible amounts subject to the limits of insurance set forth in this endorsement. Amounts paid or payable by you under this paragraph c. will not reduce the Per Incident Limit or the Aggregate Limit listed above. Subrogation In the event we recover any advance or payment made under this policy by exercising our right of subrogation the amount so recovered shall first be applied to any payments made by us in excess of the deductible amount only then shall the remainder of such recovery if any be applied to reduce the deductible amount payable or paid by you. Named Insured s Duties The first Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy and is responsible for the payment of all Deductible Amounts on behalf of all persons or organizations insured. Each Named Insured is jointly and severally liable for all Deductible Amounts due under this endorsement. Other Rights and Duties We have the right and duty to defend any claim or suit secking damages and cleanup costs to which his policy applies regardless of the application of the deductible. You must promptly reimburse us for any Supplementary Payments within the deductible amount. All other terms of this policy including the insured s duties in the event of an occurrence offense claim or suit apply irrespective of application of the deductible amount. LN 04 08 06 05 Page 50f 6 | 2 |
We may pay any part or all of the deductible amount to effect settlement of any claim or suit and you will promply reimburse us for such part or all of the deductible amount as has been paid by us. Payment of defense costs or amounts within the deductible will not create any obligations or be construed as a waiver or estoppel of our rights under the policy PREMIUM 0 This endorsement is exceuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Expiration Date KE1 651 289682 024 Countersigned by Authonized Representarive Sales Office and No. Fnd. Serial No. Tssued LN 04 08 06 05 Page 6 of 6 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION II WHO IS AN INSURED is amended to include as an insured any petson or organization for whom you have agreed in writing to provide liability insurance. But The insurance provided by this amendment 1. Applies only to bodily injury or property damage arising out of 1 your wotk or b premises or other property owned by or rented to you S Applies only to coverage and minimum limits of insurance required by the written agreement but in no event exceeds cither the scope of coverage or the limits of insurance provided by this policy and Does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect regardless of whether the scope of coverage or limits of insurance of this policy exceed those of such other insurance or whether such other insurance is valid and collectible. The following provisions also apply 1. Where the applicable written agreement requires the insured to provide liability insurance on a primary excess contingent or any other basis this policy will apply solely on the basis required by such written agreement and Ttem 4. Other Insurance of SECTION IV of this policy will not apply. 2 Whese the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. 3 This endorsement shall not apply to any person or organization for any bodily injury or property damage if any other additional insured endorsement on this policy applies to that person or organization with regard to the bodily injury o property damage. 4 If any other additional insured endorsement applies to any person or organization and you are obligated under a written agreement to provide liability insurance on a primary excess contingent o any other basis for that additional insured this policy will apply solely on the basis required by such written agreement and Ttem 4. Other Insurance of SECTION TV of this policy will not apply regardess of whether the person or organization has available other valid and collectible insurance. Tf the applicable written agreement does not specify on what basis the liability insurance will apply the provisions of Item 4. Other Insurance of SECTION IV of this policy will govern. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date Fior attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Expiration Date KE1 651 289682 024 Countersigned by Authorized Representative Sales Office and No. Find. Serial No Issued LN 20 0106 05 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Exclusions of Section Coverage B Person Injury And Property Damage Liability al And Advertising Injury Liability This insurance does not apply to This insurance does not apply to Bodily injury to Personal and advertising injury to 1 A person arising out of any 1 A person arising out of any a Refusal to employ that person a Refusal to employ that person b Termination of that person s employment b Termination of that person s employment or 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. 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. CG 21471207 IS0 Properties Inc. 2006 Page 1 of 2 | 2 |
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. 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 This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representative End. Serial No. Issued Page 2 of 2 S0 Properties Inc. 2006 CG 21471207 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of 2 Any loss cost or expense arising out of any Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by i Authorized Representative Sales Office and No. End. Serial No. Issued CG 2149 09 99 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
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 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Person al And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fung or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. CG 21671204 S0 Properties Inc. 2003 Page 1 of 2 | 2 |
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 fun gi. This endorsement is executed by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. Issued Page 2 of 2 IS0 Properties Inc. 2003 CG 21671204 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMAN S LEGAL LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances o factors. LC 21010605 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART GARAGE COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART ND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART TON LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART This insurance does not apply to any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica cither alone or in combination with other substances or factors whether included in a product or otherwis LC 210206 05 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to Damages arising out of unlawful discrimination. This endorsement is executed by the LIBERTY MUTUAL INSURANG Premium fective Date For attachment to Policy No. Audit B Issued To Expiration Date KI1 651 289682 024 COMPANY Expiration Date KE1 651 289682 024 Torder Loy Jfgy Countersigned by Sales Office and No. Authorized Re End. Serial No. Tssued LC 2104 06 05 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to any liabilty damages loss injury demand claim or suit that arises out of or allegedly ariscs out of 1. aircraft products 2. work performed upon or in connection with aircraft producrs any representation or warranty made at any time with respect to such products or work or 4. the grounding of any aircraft The following additional definitions apply 1. Aircraft products means a. aircraft missiles or spacecraft and any ground support or control equipment used in connection with aircraft missiles or spacecraft b.. products installed in or used in connection with aircraft missiles ot spaceeraft including spare parts ground handling tools and equipment training aids instructions manuals blueprints engineering or other data or engineering ot other advice and d. services and labor relating to any of the above. LC 2105 06 07 Page 10f 2 | 2 |
Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence or suspected existence of any defect fault or condition in such aircraft or aircraft part sold handled or distributed by you or manufactured assembled or processed by any other person or organization according to your specification plans suggestions orders or drawings or with tools machinery ot other equipment furnished to such person or organization by you whether such aircraft so withdrawn ate owned or operated by the same or different individuals organizations or corporations. A grounding will begin on the date of an accident or occutrence which caused the grounding or on the date an aircraft is first withdrawn from service on account of the grounding whichever oceurs first This endorsement is exeeuted by the LIBERTY MUTUAL INSURANCE COMPANY Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Tssued To Expiration Date KE1 651 289682 024 Countersigned by Authorized Representative Sales Office and No. Eind. Serial No. Issued LC 210506 07 Page 2 0f 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOBACCO EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MOTOR TRUCK CARGO COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTERS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK WAREHOUSEMEN S LIABILITY COVERAGE PART 1. This insurance does not apply to a. Any liability damages loss injury demand claim or suit that aises out of or allegedly arises out of tobacco in any form or ii any substance containing tobacco either alone or combined with any other substances or factors whether included in a product or otherwise. b. Any liability damages loss injury demand claim or suit any part of which arises out of or allegedly arises out of any act or failure to act in connection with tobacco including without limitation i the providing of or failure to provide warnings or instructions i the promotion of the use or consumption of tobacco i any warranties or representations made at any time with respect to the fitness quality durability or performance of tobacco. 1. The following is added to the Definitions Section Tobacco means tobacco including raw and cured tobacco cigars and cigar wrappers pipes and pipe tobacco cigarette filters snuff chewing tobacco smokeless tobacco products tobacco substitutes cigarettes and cigarette paper gaseous or solid residues or byproducts of tobacco use or consumption smoke from any of the above and any chemical mineral ot other product sprayed on applied to or found within or used in conjunction with tobacco. LC 21540807 Page10f1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITYIES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Named Insured does not include the organizations listed in the schedule below. Schedule Tikkurila Group and all companies belonging to Tikkurila Group This endorsement s exccuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To Espiration Date 651 280682 024 W b by 72 Countersigned by Sales Office and No. Issued LC 21610807 Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSISTENT ORGANIC POLLUTANTS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to any liability damages loss injury demand claim or suit any part of which arises out of or allegedly arises out of exposure to or the presence of persistent organic pollutants in any form whether such pollutants are alone or in combination with other substances or factors whether included in a product or otherwise. This exclusion applies regardiess of whether such exposure occurs within or outside a building. This exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. Without limiting the term pollutants as used in the policy the following is added to the definition of pollutants in the Definitions section Pollutants include but are not limited to persistent organic pollutants. Persistent organic pollutants means aldrin hexachlorobenzene chiordane mirex DDT toxaphene dieldrin polychlorinated biphenyls PCBs endrin polychlorinated dibenzo p dioxins dioxins heptachlor and polychlorinated dibenzo p furans furans. Persistent organic pollutants also includes any chemical added to the treaty regarding persistent organic pollutants known as the Stockholm Convention or the Stockholm Convention on Persistent Organic Pollutants prior to the effective date of this policy. LC 2608 02 13 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY indorsement Number Endorsement Effective Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN WAR MILITARY ACTION AND TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM The War exclusion in Section I Coverages Bodily Injury and Property Damage Liability is deleted and replaced with the following exclusion War Military Action and Terrorism Bodily injury or property damage however caused arising dircctly or indirectly out of O Wiar including undeclared or civil war Warlike action by 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these or Any actual or threatened act of domestic or international terrorism committed by a person or persons acting alone or on behalf of or in connection with any organization and i with the goal of furthering any political social or religious objective. This exclusion also applies to any liability arising from any action taken to prevent or defend against an act of terrorism. Terrorism means an act or acts That are violent in nature or dangerous to human life and a that are a violation of the criminal laws of Canada the United States or of any province ot state or that would be a criminal violation if committed within the jurisdiction of Canada or the United States or any state and that have the apparent intent of i intimidating or coercing any civilian population ii influencing the policy of any government by intimidation o coercion or iii affecting the conduct of any government by mass destruction assassination or kidnapping ot That result in the denial of access to or services from web sites computer networks or telecommunications equipment or b the malfunction or degradation of web sites computer networks telecommunications equipment or mechanical equipment o that otherwise interrupt the functioning of web sites or such properties and that have the apparent intent of intimidating or coercing any civilian population or influencing the policy of any government by intimidation or coercion. If an act of terrorism involves chemical or biological weapons this exclusion will apply. If an act of terrorism involves nuclear reaction nuclear radiation or radioactive contamination this exclusion will apply to liabilities that result from such nuclear reaction or radiation or radioactive contamination in place of the Nuclear Hazard Exclusion. LU 210109 08 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN NUCLEAR ENERGY LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART 1. This insurance does not appl A Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability P policy 8y policy issued by Nuclear Insurance Association of Canada or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous properties of nuclear material if The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured o i has been discharged or dispersed therefrom b The nuclear material is contained in spent fucl or waste at any time possessed 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 nuclear facility but if such facility is located within Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and asising out of the operation of a nuclear facility by any person or organization. As used in this endorsement hazardous properties include radioactive tosic or explosive propertics nuclear material means any nuclear substance nuclear substance shall have the meaning given under the Nuclear Safety and Control Act or in any law amendatory thereof and shall also include any radioactive materials vielded in or made rdioactive by exposure to the process of producing or wilizing a nuclear substance. spent fuel means any fuel element or fucl component solid or liquor which has been used or exposed to radiation in a nuclear reactor waste means any waste material a containing a nuclear substance other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its nuclear substance content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear faciliry. LU 21020805 Page 1 of Page 1 of 2 | 2 |
nuclear facility means Any nuclear reactor b Any cquipment or device designated o used for 1 separating the isotopes of uranium or phutonium 2 processing or ulizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material i at any time the total amount of such material in the custody of the insured at the premises where such equipment or device s located consists of or contains more than 25 grams of plutonium or uranium 233 o any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premiscs used for such operations nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or 1o contain a critical mass of fissionable material property damage includes all forms of radioactive contamination of property. This endorsement replaces any and all other nuclear energy exclusion endorsements contained in this policy. This endorsement is exceuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Espiration Date For attachment to Policy No. KI1 651 289682 024 Audit Basis Issued To piration Date KE1 651 289682 024 Countersigned by Sales Office and No. Ruthorized Representative End. Serial No. Issued LU 21020805 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE DAMAGES AND SUPPLEMENTARY PAYMENTS DAMAGES AND SUPPLEMENTARY PAYMENTS WITHIN THE DEDUCTIBLE ERODE POLICY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DEDUCTIBLE AMOUNT Bodily Injury and Property Damage Liability 13762 FinnChem HD Tech Personal and Advertising Injury Liability Medical 137620 All Other Entities Payments and Supplementary Payments A. DEDU BLE DAMAGES AND SUPPLEMENTARY PAYMENTS ERODE DEDUCTIBLE You are responsible up to the Deductible Amount in the Schedule for the total of 1. All damages including amounts paid in settlement of a claim or suit and medical payments plus 2. Al SUPPLEMENTARY PAYMENTS because of all bodily injury and property damage under Coverage A that results from any one occurrence all personal and advertising injury under Coverage B sustained by any one person or organization and all bodily injury sustained by one person under Coverage C. Subject to the applicable limits of insurance we are responsible for those amounts of damages and medical expenses to which this insurance applies and SUPPLEMENTARY PAYMENTS that exceed the Deductible Amount shown in the Schedule. We have the right but not the duty to advance any part or all of these amounts. Exercise of our right to advance such amount shall not create any obligations o be construed as a waiver or estoppel of our rights under this policy. EFFECT OF DEDUCTIBLE ON LIMITS OF INSURANCE The Each Occurrence Limit the Personal and Advertising Injury Limit the Medical Expense Limit and any applicable aggregate limits of insurance are reduced by the amount of damages and SUPPLEMENTARY PAYMENTS as referred to in paragraph A. above paid or payable by you within the deductible. C. CONDITIONS 1. Recovery from Others In the event we recover any advance or payment made under this policy by exercising our right of subrogation the amount so recovered shall first be applied to any payments made by us in excess of the Deductible Amount only then shall the remainder of such recovery if any be applied to reduce the Deductible Amount payable o paid by you. LC 03 07 06 05 Page 1 of 2 | 2 |
Cancellation You must a promply pay all amounts for which you are responsible under this endorsement and b reimburse us for any such amounts that we pay or advance upon receipt of a billing from us. If you fail to do so we may at our option and to the extent permitted by law cancel either this endorsement or this b P 3 policy by mailing or delivering to you notice of cancellation pursuant to the terms applicable to cancellation for non payment of premium in the policy or an endorsement thereto. Your Duties 4. The first Named Insured shown in the Declarations agrees and is authotized to pay all Deductible Amounts on behalf of all Named Insureds and to reimburse us for any such amounts that we advance. b Each Named Insured is joindy and severally fiable for all Deductible Amounts under this policy. Other Rights and Duties Ours and Yours Al other terms of this policy including those which govern a our right and duty to defend any claim proceeding or suit against you and b your duties if injury occurs apply irrespective of application of this deductible endorsement. This endorsement is exccuted by the LIBERTY MUTUAL INSURANCE COMPANY Premium Effective Date Expiration Date For attachment 0 Policy No. KE1 651 289682 024 Issued To Nk 0 Expiration Date KE1 651 289682 024 T Loy o7y Countersigned by Representative Sales Office and No. End. Serial No. Tssued Sales Office and No. LC 03 07 06 05 Page 20f 2 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY Endorsement Number Endorsement Effective Date THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY REDEFINED DEFINITION OF PUBLICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraphs d. and. of the definition of personal and adverising injury are replaced by the following Personal and advertising injury means injury including consequential bodily injury atising out of onc or more of the following offenses d. Oral or written publication directly to the public at large of material that slanders o libels a person or organization or disparages a person s or organization s goods products or services. e 1 Ol or written publication directly to the public at large of material that violates a person s right of privacy 2 Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness. The following definition is added to the Definitions Section Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material ot information by a third party or the insured s dissemination o broadcasting of material or information to a person who is the subject of the material or the information. LC 29040808 Page 1 of 1 | 2 |
Policy Number KE1 651 289682 024 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISEMENT REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILTY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The definition of advertisement in the Definitions Section is replaced by the following Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media 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. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. LC 29081011 2011 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CURRENCY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART All premiums deductibles exposure values and limits of liability are shown and payable in Canadian funds. All claim payments related to this policy will be paid in Canadian funds. This endorsement s executed by the LIBERTY MUTUAL INSURANC Premium Effective Date Expiration Date For attachment to Policy No. KE1 651 289682 024 Audit Basis Issued To ixpiration Date KE1 651 289682 024 Countersigned by Sales Office and No. Rihorzed Repmvenive End. Serial No. Issued LU 99 0108 05 Page 1 of 1 | 2 |
S.P.F. No. 6 Standard Non Owned Automobile Policy ADIVISION OF LIBERTY MUTUAL INSURANCE COMPANY HEREINAFTER CALLED THE INSURER HEAD OFFICE FOR CANADA 181 BAY STREET BROOKFIELD PLACE SUITE 1000 BAY WELLINGTON TOWER P.0. BOX 744 TORONTO ONTARIO M5J 2T3 ACCOUNT NO POLICY NO. SUB ACCOUNT SALES OFFICE CODE SALESREP CODE TTYEAR 289679 KE1 651 289682 024 0501 TORONTO 0707 BFL Canada Risk and 2010 Insurance Services Inc. WHEREAS AN APPLICATION HAS BEEN MADE BY THE APPLICANT HEREINAFTER CALLED THE INSURED TO THE INSURER FOR A CONTRACT OF AUTOMOBILE INSURANCE AND THE SAID APPLICATION FORMS PART OF THIS CONTRACT OF INSURANCE AND IS AS FOLLOWS ITEMS APPLICATION 1. FULL NAME OF Kemira Chemicals Canada Inc. THE APPLICANT POSTAL ADDRESS 626 Oak Park Rd Brantford ON N2 T 5L8 Canada NCLUDING COUNTY OR DISTRICT APPLICANT 1S Corporation STATE WHETHER NOWIDUAL PARTNERSHIP. CORPORATION. MUNCIPALITY OR ESTATE 2. POLICY T 0 TE T PERIOD FROM 12 01 AM 01 01 2014 TZOTAM 01 01 2015 APPLGANTS AooResS i STATED MEREW 3. THE AUTOMOBILES IN ESPECT OF WHICH INSURANCE IS TO BE PROVIDED ARE THOSE NOT OWNED IN WHOLE OR IN PART BY. NOR LICENSED IN THE NAME OF THE APPLICANT USED IN THE APPLICANT S BUSINESS OF 4. THE APPLICANT S PARTNERS OFFICERS EMPLOYEES AND AGENTS AS OF THE DATE OF THIS APPLICATION ARE AS FOLLOWS PARTNERS OF FICERS AND EMPLOYEES WHO REGULARLY USE AUTOMOBILES NOT OWNED BY THE APPLICANT IN HIS BUSINESS ALL OTHER PARTNERS OFFICERS AND EMPLOYEES ALL APPLICANT S AGENTS LOCATION CLASS A1 PRIVATE CLASS A2 CLASS B CLASS C PASSENGER COMMERCIAL NUMBER RATE PREMIUM NUMBER RATE PREMIUM NUMBER RATE PREMIUM NOMBER RATE PREVIUM SN A SN A SN A 5. HIRED AUTOMOBILES THE AUTOMOBILES HIRED BY THE APPLICANT ARE AS FOLLOWS TYPE OF AUTOMOBILE ESTIMATED COST OF HIRE RATES PER 100 OF COST OF ADVANCE PREMIUM HIRE AS KNOWN TO COMPANY SN A THE ADVANCE PREMIUM IS SUBJECT TO ADJUSTMENT AT THE END OF THE POLICY PERIOD AS PROVIDED IN THE POLICY. 6. AUTOMOBILES OPERATED UNDER CONTRACT ON BEHALF OF THE APPLICANT ARE AS FOLLOWS TYPE OF AUTOMOBILE AND DESCRIPTION OF USE ESTIMATED CONTRACT RATES PER 100 OF ADVANCE PREMIUM CCONTRACT COST AS KNOWN TO COMPANY SN A THE ADVANCE PREMIUM IS SUBJECT TO ADJUSTMENT AT THE END OF THE POLICY PERIOD AS PROVIDED IN THE POLICY. 7. THIS APPLICATION IS MADE FOR INSURANCE AGAINST THE PERILS MENTIONED IN THIS ITEM AND UPON THE TERMS AND CONDITIONS OF THE INSURER S CORRESPONDING STANDARD POLICY FORM AND FOR THE FOLLOWING SPECIFIED LIMIT. INSURING PERILS LIMIT COMBINED PREMIUMS AGREEMENT LEGAL LIABILITY FOR BODILY INJURY TEXCLUSIVE OF INTEREST AND COSTS FOR TO OR DEATH OF ANY PERSON OR LOSS OR DAMAGE RESULTING FROM BODILY SECTION A 10 O AT O AN PERSON O ounoco INJURY TOOR THE DEATH OF ONE OF MORE THIRD PARTY N THE CARE CLSTODY OR 0004 PERSONS AND FOR LOSS OR DAMAGE TO NoT Of PROPERTY REGARDLESS OF THE NUMBER LIABILITY CONTROL OF THE APPLICANT OF CLAIMS ARISING FROM ANY ONE ACCIDENT. ENDORSEMENTS S.E.F. 94 S.E.F. 96 S.EF. 99 QEF. 6 96 Q.E.F. 6 99 MINIMUM RETAINED PREMIUM TOTAL PREMIUM SEE POLICY DECLARATIONS 8. HAS ANY INSURER CANCELLED DECLINED OR REFUSED TO RENEW OR ISSUE AUTOMOBILE INSURANCE TO THE APPLICANT WITHIN THREE YEARS PRECEDING THIS APPLICATION IF SO STATE NAME OF INSURER. 9. STATE PARTICULARS OF ALL ACCIDENTS OR CLAIMS ARISING OUT OF THE USE OR OPERATION IN HIS BUSINES OF NON OWNED AUTOMOBILES BY THE APPLICANT WITHIN THE THREE YEARS PRECEDING THIS APPLICATION. INJURY TO PERSONS DAMAGE TO PROPERTY OF OTHERS As Known To The Insurer As Known To The Insurer 10. ALL THE STATEMENTS IN THIS APPLICATION ARE TRUE AND THE APPLICANT HEREBY APPLIES FOR A CONTRACT OF AUTOMOBILE INSURANGE TO BE BASED ON THE TRUTH OF THE SAID STATEMENTS 11. Where a an applicant for a contract gives false particulars of the described automobile to be insured to the prejudice of the insurer or knowingly misrepresents or fails to disclose in the application any fact required to be stated therein or b the insured contravenes a term of the contract or commits a fraud or c the insured willfully makes a false statement in respect of a claim under the contract a claim by the insured is invalid and the right of the insured to recover indemnity is forfeited. COUNTERSIGNED N9LOO BY AUTHORIZED REPRESENTATIVE LOCATION RENEWAL OF TYPED BY AND DATE AUDIT BASIS AUDIT SYMBOL Toronto KE1 651 289682 023 Dmk 242014 0 S.P.F. No. 6 Standard Non Owned Automobile Policy 00000 61602R 1080 Page 1 of | 2 |
NON OWNED AUTOMOBILE INSURING AGREEMENT Now Therefore in Consideration of the payment of the premium specified and of the statements contained in the application and subject to the fimits terms conditions provisions definitions and exclusions herein stated SECTION A THIRD PARTY LIABILITY The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured for loss or damage arising from the use or operation of any automobile not owned in whole or in part by or licensed in the name of the Insured and resulting from BODILY INJURY TO OR THE DEATH OF ANY PERSON OR DAMAGE TO PROPERTY OF OTHERS NOT IN THE CARE CUSTODY OR CONTROL OF THE INSURED Provided always the Insurer shall not be lisble under this policy for any lability assumed by any person insured by this policy voluntarily under any contract or agreement or for any liability which arises from the use or operation of any automobile while personally driven by the Tnsured if the Insured is an individual or for loss or damage 1o property carried in or upon an automobile personally driven by any person insured by this policy or to any property owned or rented by. or in the b for any liability imposed upon any person insured by this policy care custody or control of any such person or 1 by any workmen s compensation law o 2 by any law for bodily injury to or the death of the Insured or any partner officer for any amount in excess of the limit stated in Item 7 of the application and or employee of the Insured while engaged in the business of the Insured o expenditures provided for in the Additional Agreements of this policy subject always 1o the provisions of the section of the Insurance Act Automobile Insurance Not applicable in the Province of Ontario Part relating to the nuclear energy hazard. ADDITIONAL AGREEMENTS OF INSURER Where indemnity is provided by this policy. the Insurer further agrees 4 in case the injury be to a person. reimburse any person insured by this policy for 1 upon receipt of notice of loss or damage caused to persons or property 10 serve any outlay for such medical aid as may be immediately necessary at the time of such person insured by this policy by such investigation thereof or by such negotiations injury and with the claimant. or by such settement of any resulting claims. as may be deemed expedient by the Insurer and 5 be liable up to the minimum limits prescribed for that province or teritory of Canada in which the accident occurred. if that limits is higher than the limit stated todefend in the name and on behalf of any person insured by this policy and at the in section A of item 7 of the application and cost of the Insurer any civil action which may at any time be brought against such person on account of such 10ss or damage to persons o property and 6 not setup any defense to a claim that might not be set up if the policy were a motor vehicle lability policy issued in the province or territory of Canada in which the 3 1o pay all costs taxed against any person insured by this policy in any civil action accident occurred. defended by the Insurer and any interest accruing afier enry of judgment upon that part of the judgment which is within the limits of the Insurer s Hability and AGREEMENTS OF INSURED Where indemnity is provided by this section. every person insured by this policy b shall reimburse the Insurct upon demand. in the amount which the Insurr has paid by the acceptance of this policy. constitutes and appoints the Insurer his irrevocable by reason of the provisions of any statute relating o automobile insurance and attomey to appear and defend in any province or teritory of Canada in which action which the Insurer would not otherwise be liable 1o pay under this policy. is brought against their Insured arising out of the use or operation of an automobile with respect to which insurance is provided hereunder GENERAL PROVISIONS AND DEFINITIONS 1. ADDITIONAL INSUREDS 5. TWO OR MORE AUTOMOBILES The Insurer agrees to indemnify in the same manner and to the same extent as if named hercin as the Insured every partner. officer or employee of the Insured who. When two or more automobiles are insured hereunder the terms of this policy shall with the consent of the owner thereof personally drives in the business of the apply separaiely 1o cach but a motor vehicle and a trailer or trilers atiached thereto Insured stated in Item 3 of the application. any automobile not owned in whole or in shall be held to be one automobile as respects limits of liability under Section A part by or licensed in the name of i the Insured. or i such additional Insured person or i any person or persons residing in the same dwelling premises as the 6. PREMIUM ADJUSTMENT Insured or such additional Insured person. or b any automobile hired or leased in the name of the Insured except an automabile owned in whole or in part or ficensed The Advance Premium stated in Item 5 of the application is computed on the in the name of such additional insured person. estimated total cost of hire for the Policy Period. The words cost of hirc as used herein mean the entire amount incurred for Hired Automobiles and drivers when 2 TERRITORY such automobiles are hired with drivers or the amount incurred for hired automabiles and the wages paid to drivers when such drivers are employees of the This policy applics only to the use or operation of automobiles within Canada or the insured. United States of America or upon a vessel plying between ports of these countries. The Advance Premium stated in ltem 6 of the application is computed on the 3. HIRED AUTOMOBILES DEFINED estimated total contract cost for the Policy Period. The words contract cost as used herein mean the entire amount paid by the insured for Automobiles Operated The term Hired Automobiles as used in this policy means automabiles hired or Under Contract to the owners thercof. leased from others with or without drivers used under the control of the Insured in the business stated in ltem 3 of the application but shall not include any automobile The Advance Premiums are subject to adjustment at the end of the Policy Period owned in whole or in part by or licensed in the name of the Insured or any partner when the Insured shall deiver to the Insurer a written statement of the total officer or employee of the insured. amounts expended for cost of hire during the Policy Period. If such amounts excecd the estimates stated in the application the Insured shall immediately pay additional 4. AUTOMOBILES OPERATED UNDER CONTRACT DEFINED premium at the rates stated therein i less the Insurer shall retum to the Insured the uncamed premium when determined but the Insurer shall. in any event receive or The term Automobiles as used in this policy shall mean automobiles hired or retain not less than the Minimum Retained Premium stated thercin. leased from others with or without drivers. used under the control of the Insured in the business stated in ltem 3 of the application. but shall not include any automobile The Insurer shall have the right and opportunity. whenever the Insurer so desires. to owned in part by o licensed in the name of the Insured or any partner officer or examine the books and records of the Insured o the extent they relate to the employee of the Insured. premium bases or the subject matter of this policy. STATUTORY CONDITIONS The insurance provided under this Coverage i subject to the Automobile Statutory Conditions approved by the Superintendent of Insurance for the Province in which this policy is issucd and upon request the Company will make available a complete copy of same. obile while automobiles within Canada or the between ports of these countries. cy means automobiles hired or der the control of the Insured in shall not include any automobile ne of the Insured or any partrer RACT DEFINED Il mean automobiles hired or der the control of the Insured in shall not include any automobile ured or any partner officer or Policy No KE1 651 289682 024 Issued 242014 61602R 1080 Page 1 of 1 | 2 |
Issued to Kemira Chemicals Canada Inc. Policy Number KE1 651 289682 024 Issued by Liberty International Underwriters a Division of Liberty Mutual Insurance Company S.E.F. No. 96 CONTRACTUAL LIABILITY ENDORSEMENT for attachment only to a Non Owned Policy S.P.F. No. 6 In consideration of a premium of INCLUDED it is understood and agreed that exclusion c of the Insuring Agreement of the policy to which this endorsement is attached is amended to read as follows c For any liability assumed by any person insured by this policy voluntarily under any contract or agreement other than those stated below Dates of contracts Names of other contracting party or parties ALL WRITTEN CONTRACTS. Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and cffect. Countersigned by.. Authorized Representative Issued February 4 2014 Issuing Office and No. Toronto 707 iffc 61428 1 69 | 2 |
S.E.F. No. 99 EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT for attachment only to a Non Owned Policy S.P.F. No. 6 In consideration of the premium for which this policy is issued it is understood and agreed that Item 3 Hired Automobiles Defined of General Provisions and Definitions of the policy to which this endorsement is attached is hereby amended to read as follows The term Hired Automobiles as used in this policy means a automobiles hired or leased from others with drivers or b hired or leased by the named Insured from others without driver for periods not exceeding 30 days used under the control of the Insured in the business stated in Item 3 of the application but shall not include any automobile owned in whole or in part by or licensed in the name of the Insured or any partner officer or employee of the Insured. Signature of the Insured Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and effect. Attached to and forming part of Policy No. KE1 651 289682 024 Issued to Kemira Chemicals Canada Inc. This endorsement shall be effective from 01012014 1201 a.m. Standard Time. 1201 a.m. Standard Time. ifc 61428 1 69 | 2 |
Q.E.F. No. 6 96 CONTRACTUAL LIABILITY ENDORSEMENT INSURER Liberty International Underwriters a Division of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada Inc. Attached to and forming part of Policy No KE1 651 289682 024 Effective from 01012014 1201 A.M. standard time. In consideration of a premium of INCLUDED it is hereby understood and agreed that exclusion 5 of section A of the policy is amended to read as follows 5 For any liability assumed voluntarily by any person insured by this policy under any contract or agreement other than those stated below Dates of contracts.. Names of other contracting party or parties ALL WRITTEN CONTRACTS Premium due date. All other terms and conditions of the contract remain the same. | 2 |
Q.E.F. No. 6 99 EXCLUDING LONG TERM LEASED VEHICLE ENDORSEMENT INSURER Liberty International Underwriters a Division of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada Inc. Attached to and forming part of Policy No KE1 651 289682 024 Effective from 01012014 1201 A.M. standard time. In consideration of the premium for which this policy is issued it is understood and agreed that clause 3 of the General Provisions Definitions and Exclusions of the policy is hereby amended to read as follows 3. DEFINITIONS a The term hired automobiles means i automobiles hired or leased from others with drivers ii hired or leased by the Named Insured from others without driver for periods not exceeding 30 days used under the control of the Insured in the business stated in Item 3 of the Declarations but shall not include any automobile owned in whole or in part by or registered in the name of the Insured or any employee shareholder officer member partner or mandatary of the Insured. All other terms and conditions of the contract remain the same. Signature of Insured | 2 |
S.E.F.NO. 4 LEGAL LIABILITY FOR DAMAGE TO HIRED AUTOMOBILES ENDORSEMENT for attachment only to a Non owned Policy S.P.F. No. 6 In consideration of the premium herein stated it is understood and agreed that the policy to which this endorsement is attached is extended subject always to the condition that the Insurer shall be liable under the subsection or subsections of the Insuring Agreement hereof for which a premium is stated and no other. SECTION B LEGAL LIABILITY FOR DAMAGE TO HIRED AUTOMOBILES The Insurer agrees to indemnify the Insured against the liability imposed by law upon the Insured or assumed by him under any contract or agreement for loss or damage arising from the care custody or control of Hired Automobiles as defined in such policy and resulting from loss or damage thereto caused solely by Subsection 1 ALL PERILS from all perils Subsection 2 COLLISION OR UPSET caused by collision with another object or by upset Subsection 3 COMPREHENSIVE from any peril other than by collision with another object or by upset The words another object as used in this subsection shall be deemed to include a a vehicle to which the automobile is attached and b the surface of the ground and any object therein or thereon. Loss or damage caused by missiles falling or flying object fire theft explosion carthquake windstorm hal rising water malicious mischief riot or civil commotion shall be deemed loss or damage for which insurance is provided under this subsection 3. Subsection 4 SPECIFIED PERILS caused by fire lightning theft or attempt thereat windstorm earthquake hail explosion riot or civil commotion falling or forced landing of aircraft or of parts thereof rising water or the stranding sinking burning derailment or collision of any conveyance in or upon which the automobile is being transported on land or water. DEDUCTIBLE CLAUSE Each occurrence causing loss or damage covered under any subsection hereof except loss or damage caused by fire or lightning or theft of the entire automobile covered by such subsection shall give rise to a separate claim in respect of which the Insurer s liability shall be limited to the amount of loss or damage in excess of the amount deductible if any stated in the applicable subsection hereof. TWO OR MORE AUTOMOBILES Amotor vehicle and one or more trailers or semi trailers attached thereto shall be held to be separate automobiles with respect to the limit of liability including the deductible provision if any under this Insuring Agreement. EXCLUSIONS The insurer shall not be liable I for loss or damage to any automobile while personally driven by the Insured if the Insured is an individual or 2 under any subsection hereof for loss or damage o tires or consisting of or caused by mechanical fracture or breakdown of any part of an automobile or by rusting corrosion wear and tear freezing or explosion within the combustion chamber unless the loss or damage is coincident with other loss or damage covered by such subsection or is caused by fire theft or malicious mischief covered by such subsection or b to any automobile while being used without the consent of the owner thereof or caused directly o indirectly by contamination by radioactive material or d to contents of trailers or to rugs or robes or e to tapes and equipment for use with a tape recorder when detached therefrom or caused dircctly or indirectly by bombardment invasion civil war insurrection rebellion revolution military or unsurped power or by the operation of armed forces while engaged in hostilities whether war be declared or not or for any amount in excess of the limit stated in the applicable subsection hereof and expenditures provided for in the Additional Agreements of the policy to which this endorsement is attached or 3 under subsection 3 Comprehensive 4 Specified Perils for a collision loss or damage occurring after theft by any person or persons residing in the same dwelling premises s the Insured. or by any employee of the Insured engaged in the operation maintenance or repair of the automobile whether the theft occurs during the hours of such service or employment or not unless the policy provides insurance under subsections 1 or 2. 61618 3 80 Page 1 of 2 3 | 2 |
ADDITIONAL AGREEMENT The Insurer further agrees to pay general average salvage and fire department charges and custom duties of Canada or of the United States of America for which the Insured is legally liable. SUBSECTION LIMITS AND AMOUNTS TYPE OF ESTIMATED RATE ADVANCE AUTOMOBILE COST OF HIRE PER PREMIUM 100 1. exclusive of interests and All Perils 50000 costs any one accident Included Included 1000 Amount Deductible 2. exclusive of interests and Collision costs any one Accident Included Included or Upset Amount Deductible 3. exclusive of interests and Comprehensive costs any one accident Included Included s Amount Deductible 4. exclusive of interests and Specified Perils costs any one accident SN A SN A S Amount Deductible Minimum Retained Premium S TOTAL Included The advance premiums for this endorsement are subject to adjustment in the same manner as those stated under Item 5 of the application. Except as otherwise provided in this endorsement all limits terms conditions provisions definitions and exclusions of the policy shall have full force and effect Attached to and forming part of Policy No. KE1 651 289682 024 of Liberty Mutual Insurance Company Issued to Kemira Chemicals Canada inc. This endorsement shall be effective from January 1 2014 1201 a.m. Standard Time 61618 3 80 Page2 of 2 | 2 |
LIBERALIZATION NOTICE This Liberalization Notice applies only if this policy is a renewal of an expiring policy issued to you by us. This notice applies to insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK With respect to coverage for any claim or suit the terms and conditions of this policy or the expiring policy it replaces whichever is broader will govern subject to the following exceptions 1. 2. The limits of insurance of this policy will apply The premium and any deductible or self insured retention amounts and provisions of this policy will apply Coverage will only be provided to persons or organizations that qualify as insureds on this policy Terrorism endorsements on this policy will apply regardiess of the terms of the expiring policy The endorsements on this policy if any shown in the Schedule which will apply regardless of the terms of the expiring policy The endorsements on your expiring policy if any shown in the Schedule which have not been continued on this policy and will not apply to this policy and Any Other Changes described in the Schedule. Schedule Endorsements on this policy Form Form Name Endorsements on your expiring policy that have not been continued Form Form Name Other Changes SNL 90041013 2013 Liberty Mutual Insurance. Al rights reserved. Page 1 of 1 orm Form Name orm Form Name | 2 |
11456 RENEWAL l I AMCO INSURANCE COMPANY 11456 1100 LOCUST ST DEPT 1100 RENEWAL DES MOINES 1A 50391 2000 COMMERCIAL GENERAL LIABILITY DECLARATIONS Policy Number ACP GLAO 3026407302 Named Insured DC MASONRY INC Address PO BOX 540278 OMAHA NE 68154 0278 Agent LOCKTON COMPANIES LLC 26 11456 003 Address OMAHA NE 68114 PRODUCER BENJAMIN J STRUYK Policy Period From 010116 to 010117 1201 A.M. standard time at the address of the named insured as stated herein. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT other than roducls comleted operations 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 PERSONAL AND 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 Retroactive Date CG0002 only The Named Insured is CORPORATION Business of the Named Insured is MASONRY CONTRACTOR Audit Period ANNUAL ENDORSEMENTS ATTACHED TO THIS POLICY SEE COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS SCHEDULE TOTAL ADVANCE PREMIUM 6138.00 Replacement or Renewal Number ACP GLAO 3016407302 A PACKAGE MODIFICATION FACTOR HAS BEEN APPLIED Countersigned By Authorized Representative GL D 10 98 IRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 00142615 GL D 10 98 DIRECT BILL LI3Q 16014 INSURED COPY | 2 |
AMCO INSURANCE COMPANY IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. 7 o 74 Mok A Bues SECRETARY PRESIDENT SP 00020108 ACP GLAO 3026407302 Page 1 of 1 72 0014262 INSURED COPY nan nan nan nan 954112733.0 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES 1A 50391 2000 Named Insured. DC MASONRY INC Address PO BOX 540278 OMAHA NE 68154 0278 R8.2.2.2.2 8 82 4 IMPORTANT INSURANCE INFORMATION L2328 2 2.2 4 IMPORTANT NOTICE FOR RENEWAL POLICIES In an effort to keep your insurance premium as low as possible we have streamlined your renewal policy. We have not included printed copies of policy forms and endorsements that have not changed from your expiring policy unless they include variable information that is unique to you. Please refer to your prior policies for printed copies of these forms. If you desire copies they are available upon request from your agent. IN 5017 05 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 0014258 | 2 |
BR 9955 06 15 BR 9955 06 15 PREMIUM AUDIT NOTICE PLEASE READ THIS NOTICE CAREFULLY The following information is intended to explain the premium base on policies written Subject to Audit. This policy was issued with an estimated premium which requires an adjustment afler the policy expires. Premium bases for this type of policy vary according to such factors as payroll sales receipts cost of work gallons efc. incurred during the term of the policy. After the policy expires and the actual amount of these variables can be determined the estimated premium is adjusted 1o develop the final premium. If the final premium is less than the estimated premium the ditference will be refunded. If it is more you will receive a bill for the additional premium. An accurate Premium Audit is a benefit to you and your business. We recommend the persons in charge of keeping your financial records be aware of insurance auditor needs. Records that are accurate and properly maintained allow us to complete the audit and to apply when applicable certain premium saving rules andor ensure that you are paying the correct amount for your coverage needs. WHO WILL CONDUCT THE AUDIT When the policy expires a final audit will be requested. This will be done by one of the following methods 1 Mailing a premium audit form andor notification to you and 2 A premium auditor representing our company will call you for a telephone audit of your records or 3 A premium auditor representing our company will visit you for a physical audit of your records. This audit of your records will pertain to the variable factors that apply 10 your policy. You are assured of complete confidentiality by the auditor and the insurance company personnel. WHAT RECORDS WILL BE NEEDED The basis of premium for a Workers Compensation or General Liability policy may be total remuneration including wages and other considerations given lo an employee for services rendered. The Premium Auditor will examine and audit all of your records that relate to your policy. The required records will vary depending upon the type of coverage you have. In most cases the auditor will be able 1o obtain the necessary audit data from two or more of the following records Payroll Journals with monthly quarterly totals Quarterly Tax Reporis General Ledgers Individual Earning Cards with monthly quarterly totals Certificates of Insurance for sub contractors Vehicle descriptions include purchase date and date sold In the course of the audit the Auditor may ask some questions about your records and personally observe the various aspects of your business operations. This will assist the Auditor in properly classifying your operations and employees. If a new operation is revealed or an existing operation was unknown to us additional classifications and exposure bases will be added to your policy and audit. This will affect the premium charged for your insurance coverage. HOW SHOULD YOUR RECORDS BE KEPT Payroll Many of the premiums for your insurance are based on payroll which is defined as total remuneration. Remuneration includes Wages Vacation Pay Commissions Sick Pay Bonuses Payment for Piece Work QOvertime Pay Other Doliar Substitutes Holiday Pay Vacation Pay Sick Pay Payment for Piece Work Other Dollar Substitutes BR 9955 06 15 ACP GLAO3026407302 Lu3Q 16014 Page 10f2 72 0014259 INSURED COPY | 2 |
BR 9955 06 15 Overtime The amount paid in excess of straight ime can be deducted if the excess can be verified by your records. Your records must show overlime separately by employee and totaled monthly and quarterly. THIS IS NOT APPLICABLE IN PA WC or DE WC. Division of Payroll Division of an individual employee s payroll to more than one classification is not allowed. Exception For construction or erection operations the payroll of an employee may be allocated to each type of work performed if proper records are kept. Payroll can not be divided between construction and office or sales classifications. Gross Sales Another premium base for insurance is gross sales. Sales information must be kept separately for each location with monthly and quarterly totals by the type of product sold. IMPORTANT Subcontractors Most state Workers Compensation laws will hold you responsible for injuries sustained by an employee of an uninsured subcontractor. You may also be responsible for the legal liability of your subcontractors. To protect yourself be sure to secure a CERTIFICATE OF INSURANCE for General Liability coverage from all subcontractors. Workers Compensation coverage from all subcontractors that are not exempt from your state s Workers Compensation laws. If no evidence of insurance is available the subcontractor s payroll may be added to your premium base. Depending on state law if a person is claimed to be a subcontractor but they do not have their own employees and their duties closely resemble those of an employee of yours that person may be considered an employee for audit purposes. Adequate insurance means the subcontractor carries liability insurance with coverage comparable to yours e.g. premises operations and products completed operations limits of liability which are no less than 1000000 each occurrence2000000 general aggregate2000000 products completed operations aggregate for the period of time work was performed for you. Any limit less than the above will be considered inadequate and a payroll charge will be included on your audit. NOTE If you do not provide the information required to complete the Premium Audit we will use estimated information that will result in additional premium owed us. We recommend you bring any questions concerning your insurance to the attention of your Agent. All terms and conditions of this policy apply unless modified by this endorsement. BR 9955 06 15 72 0014260 Page 20f 2 ACP GLAO3026407302 INSURED COPY L3Q 16014 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 3026407302 ltem No. Location and Description Code Premium Rates Advance Premium of Hazards No Basis OTHER PR CO OTHER PR CO 001A NE501 97447 PAYROLL PER THOUSAND MASONRY 350000 3.629 7.119 1270 26493 6103 N ST OMAHA NE681171636 002A NE501 91580 PAYROLL PER THOUSAND CONTRACTORS EXEC 60000 11.025 661 UTIVE SUPERVISORS OR EXECUTIVE SUPERIN TENDENTS PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 6103 N ST OMAHA NE681171636 003A NE501 91590 PAYROLL PER THOUSAND CONTRACTORS PERMA 7500 8.268 NENT YARDS MAINTENANCE OR STORAGE OF EQUIP MENT OR MATERIAL PRODUCTSCOMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 6103 N ST 63 OMAHA NE681171636 004A NE501 91585 COST OF WORK PER THOUSAND CONTRACTORS SUB 35000 3.230 2.043 113 71 CONTRACTED WORK IN CONNECTION WITH CONSTRUCTION RECON STRUCTION REPAIR OR ERECTION OF BUILDINGS PAYROLL 60000 PER THOUSAND 11.025 661 PER THOUSAND 68 PAYROLL 7500 63 COST OF WORK PER THOUSAND 35000 3.230 2.043 113 71 Total Advance Other and PR CO TOTAL ADVANCE PREMIUM NOTE For classes based on payroll each Executive Officer Sole Proprietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 00142 INSURED COPY ACP GLAO 3026407302 954112733 72 0014263 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 3026407302 item No. Locat. and Doescrion Cde PrBemlum Rates Advance Premium of Hazards o asis OTHER PR CO OTHER PR CO 6103 N ST OMAHA NE681171636 005A IA502 97447 PAYROLL PER THOUSAND MASONRY IF ANY 3.537 5.759 nan nan nan nan 97447.0 PAYROLL IF ANY PER THOUSAND 3.537 5.759 CG7287 G2279 NSL COUNCIL BLUFFS IA515010000 006A IA502 91580 PAYROLL PER THOUSAND CONTRACTORS EXEC IF ANY 10.661 UTIVE SUPERVISORS OR EXECUTIVE SUPERIN TENDENTS PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT CG7287 62279 NSL COUNCIL BLUFFS IA515010000 007A IA502 91585 COST OF WORK PER THOUSAND CONTRACTORS SUB IF ANY 2.278 1.440 CONTRACTED WORK IN CONNECTION WITH CONSTRUCTION RECON STRUCTION REPAIR OR ERECTION OF BUILDINGS CG7287 62279 NSL COUNCIL BLUFFS IA515010000 PAYROLL IF ANY PER THOUSAND 10.661 Total Advance Other and PR CO TOTAL ADVANCE PREMIUM NOTE For classes based on payroll each Executive Officer Sole Proprietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 00142 INSURED COPY ACP GLAO 3026407302 954112733 72 0014264 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 3026407302 Item No. Location.. and Description Code Premium Rates Advance Premium of Hazards No. Basis OTHER PRICO OTHER PRICO 008A NE501 63010 DWELLINGS PER DWELLING DWELLINGS ONE 1 15.542 l6 FAMILY LESSOR S RISK ONLY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 4908 S 61ST ST OMAHA NE681171624 009A NE501 61212 AREA PER THOUSAND SQ. FT. BUILDINGS OR PREM 1000 19.610 20 ISES BANK OR OFFICE MERCANTILE OR MANU FACTURING LESSOR S RISK ONLY PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT OTHER THAN NOT FOR PROFIT 6103 N ST OMAHA NE681171636 010A NE501 60010 UNITS PER UNIT APARTMENT BUILDINGS 2 10.438 21 PRODUCTS COMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT 6103 N ST OMAHA NE681171636 005B NE501 49950 CG2018 35 AREA PER THOUSAND SQ. FT. 1000 19.610 20 UNITS PER UNIT 2 10.438 21 nan nan nan nan 49950.0 35 Total Advance Other and PR CO TOTAL ADVANCE PREMIUM NOTE For classes based on payroll each Executive Officer Sole Pro prietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 00142 INSURED COPY ACP GLAO 3026407302 954112733 72 0014265 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE Policy Number ACP GLAO 3026407302 Item No.. Location and Description Code Premium Rates Advance Premium of Hazards No. Basis OTHER PR CO OTHER PR CO 006B NE501 49950 C67002 100 0268 NE501 49950 C62001 75 027B NE501 49950 62037 500 oolc NE501 90115 FLAT CHARGE LIMITED POLLUTION 150 COVERAGE JOB SITES SEE CG7079 67079 002c NE501 77505 FLAT CHARGE CONTRACTORS 300 ENHANCEMENT PLUS INCLUDING MEDICAL PAYMENTS C67323 003c NE501 92209 FLAT CHARGE FLAT CHARGE ELECTRONIC DATA 50000 250 LIABILITY CG0437 FLAT CHARGE nan nan nan nan 77505.0 FLAT CHARGE 300 FLAT CHARGE nan nan nan nan 92209.0 FLAT CHARGE 50000 250 Total Advance Other and PR CO 3574 2564 TOTAL ADVANCE PREMIUM 6138 NOTE For classes based on payroll each Executive Officer Sole Proprietor or Partner may be subject to a fixed amount. GL DS 12 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 00142 INSURED COPY ACP GLAO 3026407302 954112733 72 0014266 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 1100 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY SCHEDULE OF INSUREDS POLICY Number ACP GLAO3026407302 POLICY Period From01 01 16 To01 01 17 Named insured DC MASONRY INC Insured Names 001 DC MASONRY INC GL DI 06 90 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 0014267 | 2 |
AMCO INSURANCE COMPANY 1100 LOCUST ST DEPT 11 DES MOINES IA 50391 2000 COMMERCIAL GENERAL LIABILITY FORMS AND ENDORSEMENTS Number ACP GLAO 3026407302 Named Insured DC MASONRY INC Period From 010116 To 010117 Form Date Title CG0001 0413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM CGO0300 0196 DEDUCTIBLE LIABILITY INSURANCE CG0437 0514 ELECTRONIC DATA LIABILITY CG2001 0413 PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION CG2018 0413 ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER CG2037 0413 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS CG2106 0514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION CG2147 1207 EMPLOYMENT RELATED PRACTICES EXCLUSION CG2167 1204 FUNGI OR BACTERIA EXCLUSION CG2170 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CG2196 0305 SILICA OR SILICA RELATED DUST EXCLUSION CG2279 0413 EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY CG7002 0712 BODILY INJURY TO CO EMPLOYEES COVERAGE CG7023 1096 EXCL ASBESTOS ELECTRO MAGNETIC RADIATION LEAD AND RADON CG7033 0393 TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US CG7079 0498 LIMITED POLLUTION COVERAGE JOB SITES CG7258 0908 EXCLUSION OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INS PROGRAM CG7287 1211 DEFINITION OF OCCURRENCE AMENDATORY ENDORSEMENT FOR CONSTRUCTION DEFECTS CG7323 1214 CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS 1L0017 1198 COMMON POLICY CONDITIONS L0021 0502 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 1L0259 0907 NEBRASKA CHANGES CANCELLATION AND NONRENEWAL L7003 03811 ADVANCE NOTICE OF CANCELLATION OR COVERAGE REDUCTION OR RESTRICTION PROVIDED 13614 1185 SPECIAL CONTINUATION PROVISION 28 0186 BLANK ENDORSEMENT IMPORTANT NOTICES IN5017 0593 IMPORTANT NOTICE FOR RENEWAL POLICIES GLDF 02 93 DIRECT BILL LI3Q 16014 INSURED COPY ACP GLAO 3026407302 954112733 72 0014268 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Namegd Insured under this policy. The words we us and our refer o the company providing this insurance. The word insured means any person or organization qualifying as such under Section It Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Detfinitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums thal the insured becomes legally obligated to pay as damages because of bodily injury or property damage o 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 seftle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section It 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 setilements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acls or services is covered unless explicifly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodiy injury or property damage occurs during the policy period and 3 Prior 1o the policy period no insured listed under Paragraph 1. of Section i Who Is An insured and no employee authorized by you fo give or receive nofice of an occurrence or claim knew that the bodily injury or properly damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or properly damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or properly damage which occurs during the policy period and was not prior 1o the policy period known 0 have occurred by any insured listed under Paragraph 1. of Section il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known lo have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by youto give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage 1o 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 ocour. e. Damages because of bocily injury include damages clamed by any person or organization for care loss of services or death resufting at any time from the bodily injury. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAOJ006407302 LLcs 13364 INSURED COPY Page 10116 72 0022175 | 0 |
CGo00t10413 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonabie force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligaled to pay damages by reason of the assumption of fiability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodilty injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable atlomeys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed fo be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attomeys fees and litigation expenses are for defense of that party against a cvil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages 1o a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation refating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiing employment training or monitoring of others by that insured or b Providing or faiing to provide transportation with respect to any person that may be under the infiuence of alcohol it the occurrence which caused the bodily injury or properly damage invclved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufaciuring distributing selling sewving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person fo bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or fumishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensalion law or any simitar law. e. Employer s Liability Badily 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 1o the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation 1o share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract Page 2 of 16 Insurance Services Office Inc. 2012 ACP GLAC3006407302 LLCB 13364 INSURED COPY CG 00010413 2 w76 | 1 |
CG 00010413 d At or from any premises site or location on which any insured or any contractors or subcontraclors woiking directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured confractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical funclions necessary for the cperation of mobile equipment or its parts if such fuels lubricants or other operating fiuids escape from a vehicle part designed to hold store or receive them. This exceplion does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fiuids or it such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontraclor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought info that building in connection with operations being performed by you or on your behaif by a contractor or subcentractor or il Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Al or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations. are to fest for monitor clean up remove contain treat detoxify or neutralize or in any way respond 1o or assess the effects of pollutants. i. Pollution 1 Bodily injury or properly damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pofiutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used fo heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or iocation has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than thal additional insured or ili Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was af any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or CG 00010413 Insurance Services Office Inc. 2012 ACP GLAC3006407302 LLCB 13384 INSURED COPY Page 3 of 16 72 ooz2177 | 1 |
CG 00010413 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain freat detoxify or neutralize of in any way respond 1o or assess the effects of poliutants or b Claim or suit by or on behalf of a governmental authority for damages because of tesling for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding 10 or assessing the effects of poliutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or sut by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or properly damage arising out of the ownership maintenance use or entrusiment to others of any aircraft auto or walercraft owned or operated by or renied or foaned to any insured. Use inciudes operation and loading or unloading This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircrafi auto or watercraft that is owned or operated by or rented or loaned 10 any insured. This exclusion does not apply 10 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 10 you or the insured 8 Liability assumed under any insured coniract tor the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment hat is atfached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject 1o a compulsory or financial responsibilily law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph 1.42 or 13 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage asising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. war Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeciared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any governmeni sovereign or other authority using military personnel or other agents or 3 tnsurrection rebellion revolution usurped power or action taken by govemmental authority in hindering or defending against any of these. J. Damage To Property Property damage to 1 Properly you own rent or occupy including any costs or expenses incurred by you or any other person organization or enlity for repair replacement enhancement restoration or mainienance of such property for any reason including prevention of injury 1o a person or damage 1o another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you insurance Services Office Inc. 2012 LCB 13364 INSURED COPY CG 00010413 72 0022178 Page 4ot 16 ACP GLAG3006407302 | 1 |
CG 00010413 This exclusion does not apply 1o the loss of use ol other properly arising out of sudden and accidental physical injury to your product or your work affer it has been put fo ils intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss ot use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury As used in this exclusion efectronic data means information facts or programs stored as or on created or used on or transmitied 1o or from computer sofiware 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 controlied equipment. q. Recording And Distribution Of Material Or Information in Violation Of Law Bodily injury or properly damage arising direclly or indireclly out of any action or omission thai violates or is alleged to violate 1 The Telephone Consumer Protection Act TGPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition 1o such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises oul of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply o property damage other than damage by fire to premises including the contents of such premises rented 1c you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section M Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazarg. Damage To Your Product Property damage 1o your product arising out ot 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 Physicaily Injured Properly damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. 6 Page 5 0f 16 72 0022178 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO3005407302 LLCB 13384 INSURED COPY | 1 |
CG 00010413 4 Any federal slate or focal stalute 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 communicaling or distribution of material or information. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separale limit of insurance applies to this coverage as described in Section llf Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury o which this insurance applies. We will have the right and duly to defend the insured against any suit seeking those damages. However we will have no duty 1o defend the insured against any suil 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 wili pay for damages is limited as described in Section Bl Limits Of insurance and 2 Our right and duty to defend end when we have used up the applicable fmit of insurance in the payment of judgments or setilements under Coverages A or B or medical expenses under Coverage C. No other obligation or fiability to pay sums or perform acls or services is covered unless explicitly provided for under Supplememary Payments Coverages A and B. b. This insurance applies 1o personal and adveriising injury caused by an offense arising out of your business but only if the offense was commitied in the coverage terrifory during the policy period. 2. Exclusions This insurance does not apply 1o e. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and adverlising injury arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication n any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured woulg have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of confract except an implied coniract to use another s advertising idea in your adveriisement.. Quality Or Performance Of Goods Failure To Conform To Statements Personal and adverlising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods producls or services stated in your advertisement. Insurance Services Office Inc. 2012 LcB 13364 INSURED COPY Page 6 of 16 ACP GLA03006407302 CG 00010413 72 0022180 | 1 |
CG 00010413 n. Poliution related Any loss cost or expense arising out of any 2 Requesl demand order or statutory or regulatory requirement that any insured or others test for monitor clean up. remove contain treal detoxify or neutralize or in any way respond 10 or assess the effects of poliutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing conlaining treating detoxifying or neutralizing or in any way responding o or assessing the effects of pollutants. 0. War Personal and advertising injury however caused arising directly or indirectly out of 3 War including undeclared or civil war Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govemmeni sovereign or other authority using military personnel or other agents or Insurrection rebeilion revolution usurped power or action taken by govermnmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and adverlising injury arising directly or indirectly out of any action or omission that violates or is alleged 1o violate 1 2 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition 1o such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 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 properly rights Under this exclusion such other intelieciual 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 commilied by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or adverlising 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 chalroom 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 factics 1o mislead another s potential customers. m. Poliution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of poliutants at any time. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO3006407302 uce 1334 INSURED COPY Page 7 0f 16 72 cvz22181 | 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 nexi 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 reporled 1o us within one year of the date of the accident and c The injured person submits fo examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardiess of fault. These payments will not exceed the applicable limit of. insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical X ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Excluslons We will not pay expenses for bodily injury a. Any Insured To any insured excepl volunieer workers b. Hired Person To a person hired to do work for or on behaif of any insured or a fenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sporis or athletic contests. Products Completed Operations Hazard included within the products completed operations hazard. a. 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 suil 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 1o furnish these bonds.. The cost of bonds 1o release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. Ali 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 coun costs taxed against the insured in the suil. However these paymenis do not include atiomeys fees or attomeys 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. e. Page 8 of 16 insurance Services Office Inc. 2012 ACP GLAO3006407302 Les 13384 INSURED COPY G 00010413 72 0022182 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party 10 the suil we will defend that indemnitee if ali 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 contraci b. This insurance applies to such assumed by the insured. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears 10 exist between the interests ot the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and conlrol the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands nofices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available fo the indemnitee and Cooperate with us with respect 1o coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. Jiability c d CG 00010413 So leng as the above conditions are met attomeys fees incurred by us in the defense of that indemnitee necessary litigation expenses incured by us and necessary litigation expenses incurred by the indemnilee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b42 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and properly damage and will not reduce the limits of insurance. Our obligation 1o defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplemeniary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph 1. 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 pariners and their spouses are also insureds but only with respect to the conduct of your business. c. Alimited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect 1o their duties as your managers. An organization other than a partnership joint venture or fimited fiability company you are an insured. Your executive officers and directors are insureds but only with respect 1o their duties as your officers or directors. Your stockholders are alse insureds but only with respect o their liability as stockholders. e. A irust you are an insured. Your trustees are also insureds but only with respect to their duties as trusiees. d. CG 00010413 Insurance Services Office Inc. 2012 ACP GLAD3006407302 Les 13364 INSURED COPY Page 9 of 16 72 0022183 | 1 |
CG00010413 2. Each of the foliowing is also an insured a. Your volunteer workers only while performing duties related 1o 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 firmited liability company or your managers if you are a limited liability company bui only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or perscnal and advertising injury a To you to your pariners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related 1o the conduct of your business or to your other volunieer workers while performing duties related o the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or b above or d Arising out of his or her providing or failing 1o provide professional health care services. 2 Property damage to property Owned occupied or used by b Rented 1o in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a parinership 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 acling as your real estate manager. b c c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Pari. Any organization you newly acquire or form other than a partnership joinf venture or fimited fiability company and over which you maintain ownership or majority interest will quafity 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 Coverage A does nol apply to bodily injury or properly damage that occurred before you acquired or formed the organization and 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 10 the conduct of any current or past partnership joint venlure or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and. Damages under Coverage B. 3. L4 4 ustody or Page 10 of 16 Insurance Services Office Inc. 2012 ACP GLAO3006407302 ues 13364 INSURED COPY CG00010413 72 0022184 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and praperty damage included in the products completed Operations hazard. 4. Subject 1o 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 adverlising injury sustained by any one person or organization. 5. Subject 1o 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 renied to you or temporarily occupied by you with permission of the owner. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately 10 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. Bankrupicy Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are nofified 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 oftense took place 2 The names and addresses of any injured persons and witnesses and N CG00010413 3 The nature and location of any injury or damage arising out of the occurrence or offense b. it 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 nofices summonses or legal papers received in connection with the claim or suit 2 Authorize us 1o obtain records and other information 3 Cooperate with us in the investigation or seftlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 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 fo 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 fimit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010413 Insurance Services Office inc. 2012 ACP GLAD3006407302 Les 13364 INSURED COPY Page 11 of 16 72 0022185 | 1 |
CG 00010413 4. Other Insurance If other valid and collectible insurance is available 1o the insured for a loss we cover under Coverages A or B of this Coverage Par our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. f 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 1the method described in Paragraph. 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 That is Fire Extended Goverage Builder s Risk Installaion Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occupied by you wilth permission of the owner ilf That is insurance purchased by you 1o cover your liabilily as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv i the loss arises out of the maintenance or use of aircrafl autos or watercraft 1o the extent not subject 1o Exclusion g. of Section Coverage A Bodily injury And Property Damage Liability. b Any other primary insurance available to you covering liabiiity for damages arising out of the premises or operations or the products and completed operaticns 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. H no other insurer defends we will undertake 10 do so but we will be entiled 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 foss if any that exceeds the sum of a8 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 seff insured amounts under all that other insurance. d 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 confribute 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 ig a deposit premium only. At the close of each audii period we will compute the eamed premium for that period and send nofice fo the first Named Insured. The due dale for audit and retrospective premiums is the dale 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 10 the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 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 GLAGI006407302 LCB 13364 INSURED COPY CG 00010413 72 0022186 | 1 |
b. Those statements are based upon representations you made to us and. We have issued ihis policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of insurance and any rights or duties specifically assigned in this Goverage Pan to the first Named Insured this insurance applies a. As il each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others ToUs If the insured has rights 1o 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 righls to us and help us enforce them. When We Do Not Renew if we decide not 1o renew this Coverage Parl we will mail or deliver 10 the first Named Insured shown in the Declarations written notice of the norrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice SECTION V DEFINITIONS 1. Advertisement means a nofice that is broadcast or published fo 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 Inlernet or on similar electronic means of communication and b. Regarding web sites only thal part of a web sife ihat is about your goods products or services for the purposes of atiracting cusiomers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. CG 00010413 However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage terrilory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. Intemational waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or. All other pars 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 Intemet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the meiits in the territory described in Paragraph a. above or in a settlement we agree 10. Employee incudes 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 constilution bylaws or any other similar goveming 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 fulfili the terms of a contract or agreement it such property can be restored 1o use by the repair replacement adjusiment or removal of your product or your work or your fulfifling the terms of the contract or agreement. Datrts t Named Insured this sured were the only ed against whom claim ht overy Against Others recover all or part of e under this Coverage nsferred to us. The r loss 1o impair them. d will bring suit or and help us enforce is Coverage Parl we first Named Insured written notice of the 30 days before the CG 00010413. Insurance Services Office Inc. 2012 ACP GLAO3008407302 Lces 13364 INSURED COPY Page 13 of 16 72 0022187 | 1 |
CG00010413. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifiess any person or organization for damage by fire 1o premises while rented 1o 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 raiiroad d. An obligation as required by ordinance. to indemnify a municipality except in connection with work for a municipality. An elevalor maintenance agreement That part of any other contract or agreement peraining to your business including an indemnification of a municipality in connection wilth work performed for a municipality under which you assume the tort liability of another parly to pay for bodily injury or property damage 0 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. does not include that part of any coniract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reporls surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing 1o 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 10 render professional services incduding those listed in 2 above and supervisory inspection architectural or engineering activities. L4 10.Leased worker means a person leased o you by 1 12. 1. a labor leasing firm under an agreement between you and the labor leasing firm 1o perform duties related 1o the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handiing 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 watercrafi or auto or c. While it is being moved from an aircrafi watercraft or auto 1o the place where it is finally deliversd but loading or unloading does not include the movement of praperty by means of a mechanical device other than a hand fruck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulidozers 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 of rent. Vehicles that travel on crawler ireads d. Vehicles whether seHf propefled or not maintained primarily 10 provide mobility 1o permanently mounted 1 Power cranes shovels loaders diggers or drilis or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobilty 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 1. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in clion or demolition feet of a railroad d by ordinance. to except in connection 3 greement ntract or agreement ess including an o CG 00010413 72 0022188 Page 14 of 16 Insurance Services Office Inc. 2012 ACP GLAO3006407302 ucs 13368 INSURED COPY | 1 |
CG 00010413 16.Products completed operations hazard a. Includes all bodily injury and properly damage occurring away from premises you However self propelied vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used 10 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 responsibiliy law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subjeci 1o a compuisory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repealed exposure 1o substantially the same general harmiul conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution. The wrongful eviction from wrongiul 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. 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 adverlisement or g. Infringing upon ancther 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 10 be recycled reconditioned or reclaimed. own or rent and arising out of your product or your work except 1 Products that are stifl 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 al the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contracior or subconiractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as complefed. 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 stales thal products completed operations are subject to the General Aggregate Limit. 3 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. Al 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. Al 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 euulpment but wnII imarily tor but not construction lar devices mounted chassis and used 10 and s and generators welding building exploration lighting nent does not include 2ct 1o a compulsory vor other motor it is licensed or icles subject 10 a sibility law or other are considered seident including re 10 substantiafly ions. ry means injury injury arising out fenses risonment rongful entry into ate occupancy of s that a person on behalf of its any manner of els a person or a person s or. OF Services 3 CG 00010413 Insurance Services Office Inc. 2012 ACP GLAO3006407302 Les 13364 INSURED COPY Page 15 of 16 72 0022188 | 1 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 03000196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE PER CLAIM SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability 250 OR Bodily Injury Liability andor Property Damage Liability Combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused Amount and Basis of Deductible PER OCCURRENCE 250 or nan nan nan nan 250.0 A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay dam ages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. B. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person be cause of bodily injury Bodily Injury Liability and y Coverages to pay dam lies only to the amount of any deductible amounts above as applicable to tible amount on either a urrence basis. Your se to the coverage option 2ductible indicated by the ble amount in the Sched le amount stated in the s follows If the deductible amount dule above is on a per tible applies as follows Liability Coverage to all 1by any one person be ry b. Under Property Damage Liability Coverage to all damages sustained by any one per son because of property damage or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence. If damages are claimed for care loss of ser vices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. Copyright Insurance Services Office Inc. 1994 Page 1 of 2 16014 INSURED COPY 72 0014269 CG 03000196 ACP GLAO3026407302 u3Q Page 1 0f 2 72 0014269 | 2 |
CG 03000196 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property dam age or. Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined as the result of any one occurrence regard less of the number of persons or organizations who sustain damages because of that occur rence. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irespective of the application of the de ductible amount. D. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the de ductible amount as has been paid by us. CG 03000196 72 0014270 Copyright Insurance Services Office Inc. 1994 16014 INSURED COPY Page 2 of 2 ACP GLAO3026407302 L3Q | 2 |
POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG04370514 POLICY NUMBER THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 50000 Information required to complete this Schedule if not shown above will be shown in the Deciarations I A. Exclusion 2.p. of Coverage A Bodily Injury B. The following is added to Paragraph 2. And Property Damage Liability in Section Coverages is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability 1o access or inability to manipulate electronic data that does not result from physical injury 1o tangible property. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 2 Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access 1o or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. C. The following paragraph is added to Section Il Limits Of Insurance Subject to 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence Bodily Injury y in Section lowing AN Confidential Or d Data related sclosure of any n s confidential or ncluding patents ssing methods cial information nation health other type of o e of damage fo fo access or electronic data m physical injury B. CG04370514 ACP GLAO3026407302 u3Q 16014 Insurance Services Office Inc. 2013 INSURED COPY Page 10f2 72 0014271 | 2 |
CG 04370514 D. The foliowing definition is added to the Definitions section Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer sofiware 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. E. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 b. Loss of use of tangible prope physically injured. All such los be deemed to occur at the occurrence that caused it or c. Loss of loss of use of corruption of inability to acce to properly manipulate ele resulting from physical injur property. All such loss of els shall be deemed to occur at occurrence that caused it. For the purposes of this insuran data is not tangible property. All terms and conditions apply unless modified by this endorsement. 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 or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. CG 04370514 72 0014272 Insurance Services Office Inc. 2013 LsQ 16014 INSURED COPY Page 2 of 2 ACP GLAO3026407302 | 2 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following GCOMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 2 You have agreed in writing in a contract or Condition and supersedes any provision 1o the agreement that this insurance would be contrary primary and would not seek contribution from any other insurance available to the Primary And Noncontributory Insurance additional insured. This insurance is primary to and will not seek contribution from any other insurance available fo an additional insured under your policy provided that 1 The additional insured is a Named Insured under such other insurance and All terms and conditions of this policy apply unless modified by this endorsement. G 20010413 ACP GLAO3026407302 u3Q 16014 Insurance Services Office Inc. 2012 INSURED COPY Page 10f 1 72 0014273 | 2 |
POLICY NUMBER ACP GLAO3026407302 LI3Q 16014 POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20180413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MORTGAGEE ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name O Persons Or Organizations 9801 WESTHEIMER 11TH FLOOR HOUSTON TX 7704 SMALL BUSINESS LOAN SOURCE LLC ATTN SUSAN HANEY Designation of Premises 6103 6105 N. ST. OMAHA NE 4908 S. 61 ST. OMAHA NE Information required to complete this Schedule if not shown above will be shown in the Declarations A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to their liabiity as morigagee assignee or receiver and arising out of the ownership maintenance or use of the premises by you and shown in the Schedule. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. I coverage provided 1o the additional insured is required by a conftract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations new construction and demolition operations performed by or for that person or organization.. With respect to the insurance afforded to these additional insureds the following is added o Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. G201804 13 Insurance Services Office Inc. 2012 INSURED COPY Page 1 of 1 72 0014274 SMALL BUSINESS LOAN SOURCE LLC ATTN SUSAN HANEY 9801 WESTHEIMER 11TH FLOOR HOUSTON TX 77042 6103 6105 N. ST. OMAHA NE 4308 S. 61 ST. OMAHA NE Page 1 of 1 72 0014274 | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL GENERAL LIABILITY CG 20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE PERFORMING SEE BLANK FORM 28 FOR COMPLETE WORDING L Location and Description Of Completed 5erations Information required 1o complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury or property damage caused in whole or in part by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products completed operations hazard. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement 1o provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section Il Limits Of Insurance If coverage provided to the additional insured is required by a.contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contracl or agreement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. NY PERSON OR ORGANIZATION FOR WHOM YOU ARE PERFORMING EE BLANK FORM 28 FOR COMPLETE WORDING CG20370413 ACP GLAO3026407302 LI3Q 16014 Insurance Services Office Inc. 2012 INSURED COPY Page 1 of 1 72 0014275 | 2 |
COMMERCIAL GENERAL LIABILITY CG 210605 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.p. of Section Coverage A As used in this exclusion electronic data Bodily Injury And Property Damage Liabllity is replaced by the following 2. Exclusions This insurance does not apply to p Access Or Disclosure Of Confidential Or Personal information And Data related Liability Damages arising out of 1 Any access 1o or disclosure of any person s or organization s confidential or personal information including patents frade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 2 The loss of loss of use of damage 1o corruption of inability 1o access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for nofification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or ransmitied 1o or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2 Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrts processing methods customer lists financial information credit card information heaith information or any other type of nonpublic information. This exclusion applies even if damages are claimed for nofification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access 1o or disclosure of any person s or organization s confidential or personal infarmation.p. ol Section 1 Coverage A ry And Property Damage Liabllity is the following ns rance does not apply to ss Or Disclosure Of Contidential Or onal Information And Data related ity ges arising out of y access 10 or disclosure of any rson s or organization s confidential or rsonal information including patents de secrets processing methods stomer lists financial information dit card information health prmation or any other lype of npublic information or e loss of loss of use of damage 1o ruption of inability 1o access or bility to manipulate electronic data. xclusion applies even if damages are d for notification costs credit ring expenses forensic expenses relations expenses or any other loss r expense incurred by you or others out of that which is described in aph 1 or 2 above. er unless Paragraph 1 above this exclusion does not apply to es because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or ransmitied 1o or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2 Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrts processing methods customer lists financial information credit card information heaith information or any other type of nonpublic information. This exclusion applies even if damages are claimed for nofification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access 1o or disclosure of any person s or organization s confidential or personal information. All terms and conditions apply unless modified by this endorsement. CG210605 14 Insurance Services Office Inc. 2013 ACP GLAO3016407302 LuoL 14359 INSURED COPY Page 1of 1 72 0017225 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusalto 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 fo Paragraph 2. Exclusions of Section 1 Coverage B8 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 empioy that person b Termination of that person s empioyment 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 afler em ployment of that person 2 Whether the insured may be fiable 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. All terms and conditions of this policy apply unless modified by this endorsement. ability n s employment ctices policies coercion demo ment disciptine humiliation dis prosecution di other or sister of of bodily injury the employment Paragraphs a ent described in ve ocours before ent or after em jable as an em and amages with or st pay damages ISO Properties Inc. 2006 INSURED COPY Page 1 of 1 72 0022189 CG 21471207 ACP GLAO3005407302 LLCB 13364 | 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 foliowing COMMERCIAL GENERAL LIABILITY COVERAGE PART B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising injury Liability 2. Exclusions 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 nol apply to Fungl Or Bacteria a. Bodily injury or property damage which would not have occumed 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 trealing 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 enlity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. This insurance does not apply fo Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the aclual 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 1o 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 lo 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. age which vhole or in or threat of contact T presence or within a s contents ler cause buted con such injury ing out of cleaning. detoxify disposing or assess S04 CG 21671204 Includes copyrighted material of Insurance Services Office Inc. with permission. 1SO Properties Inc 2004 ACP GLAO3006407302 LLCB 13384 INSURED COPY Page 1 of 1 72 0022200 | 2 |
COMMERCIAL GENERAL LIABILITY CG21700115 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 COMMERGIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. If aggregate insured losses atiributable 1o terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up 1o that amount are subject to pro rata allocation in accordance withprocedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of ferrorism pursuant fo such 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. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part All terms and conditions apply unless modified by this endorsement. CG21700115 ACP GLAO3026407302 u3Q 16014 Insurance Services Office Inc. 2015 INSURED COPY Page 10f 1 72 0014276 | 2 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.