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c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste SRPG 00 21 09 08 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2007 Page 2 of 2 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 INTERLINE IL 01 58 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY Under the Mortgageholders Errors And Omissions Coverage Form the following condition applies only to Coverage C and Coverage D. The following condition is added Notice given by or on behalf of the insured to any of our authorized agents in Indiana with particulars sufficient to identify the insured shall be considered to be notice to us. IL 01 58 09 08 ISO Properties Inc. 2007 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 INTERLINE IL 027209 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following b. More Than 90 Days If this policy has been in effect for more than 90 days or is a renewal of a policy we issued we may cancel this policy only for 2. Cancellation Of Policies In Effect 90 Days Or Less If this policy has been in effect for 90 days or less we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 2 20 days before the effective date of cancellation if you have perpetrated a fraud or material misrepresentation on us or 3 30 days before the effective date of cancellation if we cancel for any other reason. one or more of the reasons listed below by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium 2 20 days before the effective date of cancellation if you have perpetrated a fraud or material misrepresentation on us or 3 45 days before the effective date of cancellation if a There has been a substantial change in the scale of risk covered by this policy b Reinsurance of the risk associated with this policy has been cancelled or c You have failed to comply with reasonable safety recommendations. IL 027209 07 ISO Properties Inc. 2006 Page 10f 2 | 2 |
B. The following is added to the Common Policy Conditions and supersedes any provision to the contrary. NONRENEWAL 1. If we elect not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal at least 45 days before a. The expiration date of this policy if the policy is written for a term of one year or less or b. The anniversary date of this policy if the policy is written for a term of more than one year. 2. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. IL 027209 07 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
POLICY NUMBER 6BRPG0000005371300 INTERLINE IL 09 85 01 08 POLICY NUMBER 6BRPG0000005371300 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 0 This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policys Additional information if any concerning the terrorism premium Information required to complete this Schedule if not shown above will be shown in the Declarations. C. Cap On Insurer Participation In Payment Of Terrorism Losses A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations.. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 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 to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. his premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage orms andor Policys dditional information if any concerning the terrorism premium IL 09 850108 ISO Properties Inc. 2007 Page 10of 1 | 2 |
Nationwide ISSUED BY K KINSURANCE GROUP INC. POLICY PERIOD From 020113 to BLANKET PROTECTOR COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS POLICY NUMBER LIMITS OF INSURANCE General Aggregate Limit Other Than Products Completed Operations Products Completed Operations Aggregate Limit Each Occurrence Limit Personal Advertising Injury Limit Medical Expense Limit B6BRPG0000005371300 022814 at 1201 A.M. Standard Time at your mailing address. 5000000 1000000 1000000 Any One Person 1000000 or Organization 5000 Any One Person 300000 Any One Premises Damage To Premises Rented To You Limit Additional Coverages Nationwide 5000000 1000000 1000000 1000000 5000 300000 Any One Person or Organization Any One Person Any One Premises RETROACTIVE DATE Applies to CG 00 02 Claims Made Coverage only Coverage A of this insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown below. Retroactive Date Enter Date or None if no Retroactive Date applies. Retroactive Date Applies to CG 00 34 Claims Made Coverage Liquor Liability Retroactive Date Enter Date or None if no Retroactive Date applies. Location of All Premises You Own Rent or Occupy As reported and on file with the company Advance Premium Products Al Classification Code No. Premium Basis Completed Other Operations SEE SRPG17486 LIABILITY SCHEDULE PREMIUM RECAP Commercial General Liability Advance Premium See SRPG17348 Forms Applicable to Commercial General Liability Coverage Part SRPG174861202 CG00011204 CAS38800897 CAS44870693 SRPG1150112 SRPG1570908 SRPG80150908 SRPG260550908 SRPG261170908 SRPG261310908 1L12011185 SRPG26147CG0908 SRPG261540908 CG01230397 CG20110196 CG20260704 CG20280704 CG21470798 CG21671204 CG21700108 Classification Cas 3203 A 3 05 | 2 |
LIABILITY SCHEDULE AND PREMIUM RECAP POLICY NUMBER 6BRPG0000005371300 Loc. DESCRIPTION PREMIUM BASE NO SUBLINE CLASS CODE ACT. EXPOSURE RATES PREMIUMS 347 11168 Concessionaires Per single event per vendor U Asreported 10000 per As submitted each 30 days of coverage ToTAL As submitted PREMIUMS SUBLINE KEY 332 334 335 336 350 345 346 347 Liquor Liability Premises Operations Owners Contractors Protective or Principals Protective Products Completed Operations Pollution Liability Other Composite Rated Premises Operations ONLY Other Composite Rated Product Completed Operations ONLY Other Composite Rated BOTH Premises Operations AND Product Completed Operations or type in subline SRPG17486 PREMIUM EXPOSURE BASE KEY Area per 1000 square feet Total Cost per 1000 Admissions per head Admissions per 1000 Payroll per 1000 Receipts per 100 Gross Sales per 1000 Units per unit or type in base ConTEIMO 1202 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 00011204 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. CG 00011204 ISO Properties Inc. 2003 Page 1 0of 15 | 0 |
e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to b. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. CG 00011204 ISO Properties Inc. 2003 Page 2 of 15 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 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 c which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. CG 00011204 ISO Properties Inc. 2003 Page 3 of 15 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b 4 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 3 CG 00011204 ISO Properties Inc. 2003 Page 4 of 15 | 1 |
5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. p Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section lll Limits Of Insurance and CG 00011204 ISO Properties Inc. 2003 Page 5 of 15 | 1 |
2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 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. 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. CG 00011204 ISO Properties Inc. 2003 Page 6 of 15 | 1 |
m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. CG 00011204 ISO Properties Inc. 2003 Page 7 of 15 | 1 |
The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 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 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 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 The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. 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. CG 00011204 ISO Properties Inc. 2003 Page 8 of 15 | 1 |
d. e. 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. 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 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you 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. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. 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 not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and 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. b. c. Insureds Claims made or suits brought or Persons or organizations making claims or bringing suits. CG 00011204 ISO Properties Inc. 2003 Page 9 of 15 | 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 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 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 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 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 information 3 Authorize us to obtain records and other Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in 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 CG 00011204 ISO Properties Inc. 2003 Page 10 of 15 | 1 |
b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when 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 c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d 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. 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 by attachment of an endorsement. c. 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 s0 but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of 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. 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. CG 00011204 ISO Properties Inc. 2003 Page 11 of 15 | 1 |
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. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 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 in the state 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 a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or CG 00011204 ISO Properties Inc. 2003 Page 12 of 15 | 1 |
b. Your fuffiling the terms of the contract or agreement. Insured contract means 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 A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property 11. 12. a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile 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 Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads 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 Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 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 CG 00011204 ISO Properties Inc. 2003 Page 13 of 15 | 1 |
13. 14. 15. 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 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. b. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or CG 00011204 ISO Properties Inc. 2003 Page 14 of 15 | 1 |
18. 19. 20. b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 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 organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness quality durabili performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. b. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. CG 00011204 ISO Properties Inc. 2003 Page 15 of 15 | 1 |
POLICY NUMBER 6BRPG0000005371300 ASBESTOS LIABILITY EXCLUSION The following exclusion is added This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of asbestos or goods containing asbestos or real property containing asbestos. This exclusion applies whether the bodily injury property damage personal injury or advertising injury is caused solely by asbestos or goods containing asbestos or real property containing asbestos or is caused by other means in conjunction or separately with asbestos or goods containing asbestos or real property containing asbestos. CAS3880 0897 | 2 |
POLICY NUMBER 6BRPG0000005371300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART BUSINESSOWNERS POLICY CONTRACTORS POLICY FARM COVERAGE PART SCHOOL DISTRICT LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY BUSINESS PROVIDER POLICY PROFESSIONAL LIABILITY POLICY NATIONWIDE RURAL ELECTRIC COMMERCIAL ACCOUNT POLICY This insurance does not apply to 1. Bodily Injury property damage personal injury advertising injury or medical payments arising out of or relating to the exposure to lead or any claims from lead including but not limited to the ingestion inhalation or absorption of lead in any form. 2. Any loss cost or expense rising out of any request demand or order 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 lead or 3. Any loss cost or expenses arising out of any 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 lead. For purposes of this endorsement lead means lead and lead compounds in any form. CAS4487 0693 | 2 |
POLICY NUMBER 6BRPG0000005371300 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is a summary of the Limits of Insurance and coverage provided by this endorsement. These coverages apply separately to each of your premises described in the Declarations. If you purchase additional limits for any of these coverages at a specified location the limits shown below will apply in excess of the insurance purchased separately. We will not pay more under this endorsement than the Limits of Insurance shown below under the Summary of Additional Coverages. Summary of Additional Coverages LIMITS OF INSURANCE SUBJECTS OF INSURANCE 300000 per occurrence Damage to Premises Rented to You 25000 Emergency Real Estate Consultant Fee 25000 Identity Theft Exposure 50000 Key Individual Replacement Cost 2500 Lease Cancellation Moving Expense 2500 Supplementary Payments Bail Bonds 500 per day Supplementary Payments Loss of Earnings 25000 Temporary Meeting Space 25000 Terrorism Travel Reimbursement 25000 Workplace Violence Counseling I. The Commercial General Liability Coverage Part B. The following replaces SECTION I COVER is amended as follows A. The following replaces SECTION I COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions a. 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 or property damage resulting from the use of reasonable force to protect persons or property. AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions g.2 2 A watercraft you do not own that is a Less than fifty eight 58 feet long and b Not being used to carry persons or property for a charge. The following replaces SECTION I COVER AGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions b. and c. SRPG115 Page 1 of 4 012012 | 2 |
b. Material Published With Knowledge of Falsity Personal and advertising injury arising out of publication of material including but not limited to oral written televised videotaped or electronically transmitted publication of material if done 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 publication of material including but not limited to oral written televised videotaped or electronically transmitted publication of material whose first publication took place before the beginning of the policy period D. The following replaces SUPPLEMENTARY PAYMENTS COVERAGES A. and B. 1.b. and d. b. Up to 2500 for the 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. 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 500 a day because of time off from work. E. The following replaces SECTION II WHO IS AN INSURED 3.a. a. Coverage under this provision is afforded only until the one hundred eightieth 180th day after you acquire or form the organization or the end of the policy period whichever is earlier. F. The following are added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 2. Duties In The Event of Occurrence Offense Claim or Suit e. Knowledge of the occurrence offense claim or suit by the agent servant or employee of an insured shall not in itself constitute your knowledge unless one of your officers manager or partners has received notice of the occurrence offense claim or suit. f. Failure by the agent servant or employee of an insured other than an officer manager or partner to notify us of an occurrence shall not constitute a failure to comply with Items a. and b. of this condition. The following are added to SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 10. Unintentional Error or Omission Any unintentional error or omission in the description of or failure to completely describe any premises or operations intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or operations. However you must report such error or omission to us as soon as practicable after its discovery. 11. Waiver of Right of Recovery We waive all rights of recovery when you have agreed to waive your rights of recovery when required by a written contract. However this provision only applies if the written contract was executed prior to the date of the occurrence. The following replaces SECTION V DEFINITIONS 3. and 14 3. Bodily Injury means bodily injury sickness or disease sustained by a person. This includes mental anguish mental injury shock fright humiliation emotional distress or death resulting from bodily injury sickness or disease. 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 or abuse of process c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor SRPG115 Page 2 of 4 012012 | 2 |
d. Any publication of material including but not limited to oral written televised videotaped or electronically transmitted publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Any publication of material including but not limited to oral written televised videotaped or electronically transmitted publication of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Broadened Coverage Damage to Premises Rented to You 1. The word fire is replaced with the phrase fire lightning explosion smoke and leaks from sprinklers where it appears in a. SECTION 1 Coverage A 2. Exclusions j. Damage to Property b. SECTION 1 Coverage A 2. Exclusions last paragraph c. SECTION lll Limits of Insurance Item 6. d. SECTION IV Conditions 4. Other Insurance Item b.1b. 2. The limit of Insurance applicable to Damage to Premises Rented to You is 300000 unless a higher limit is specified on the Declarations. The following are Additional Coverages Emergency Real Estate Consultant Fee 25000 Aggregate We will reimburse you up to 25000 in any one policy year for any realtor s fee or real estate consultant s fee required by the Named Insured s need to relocate due to the imminent danger of loss of life or harm to occupants of the Named Insured s premises scheduled on the Declarations. Identity Theft Expense 1 Coverage We will pay for reimbursement of any present director or officer of the Named Insured for expenses incurred as the direct result of any Identity Theft occurring discovered and reported during the policy period. 2 Limit of Insurance We will pay up to 25000 as a Limit of Insurance under this Additional Coverage Ildentity Theft Expense. 3 Identity Theft means the act of knowingly transferring or using without lawful authorization the identity of any officer or director of the Named Insured with the intent to commit or to aid or abet another to commit any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. 4 Identity Theft Expenses means a Costs of notarizing documents required by financial institution or similar creditors as testaments to fraud. b Costs for certified mail to law enforcement agencies credit agencies financial institutions or similar creditors. c Loan application fees for reapplying for loans when the original application is rejected solely because of incorrect credit information. Key Individual Replacement Expenses We will pay up to 50000 as a Limit of Insurance per policy year under this Additional Coverage Key Individual Replacement Expenses for expenses incurred by the Named Insured to replace the Chief Executive Officer or Executive Director if that officer or director suffers an injury during the policy period which results in the loss of life during the policy period. Key Individual Replacement Expenses means 1 Costs of advertising the employment position opening 2 Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and SRPG115 Page 3 of 4 012012 | 2 |
3 Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the applicants and legal expenses incurred to draw up employment contracts. Lease Cancellation Moving Expenses We will reimburse the Named Insured up to 2500 for moving expenses incurred when moving is made necessary by the cancellation of a lease at premises occupied by the Named Insured and described in the Declarations. Temporary Meeting Space We will reimburse you up to 25000 as a Limit of Insurance in any one policy year under this Additional Coverage Temporary Meeting Space for expenses incurred due to the temporary unavailability of the Named Insured s primary office space due to the failure of a climate control system or leakage of a hot water heater during the policy period. Expenses will be reimbursed only for the rental of temporary meeting space required for meeting with parties who are not insured under this Policy. No deductible applies to this Additional Coverage Temporary Meeting Space. Terrorism Travel Reimbursement We will reimburse you up to 25000 as a Limit of Insurance in any one policy year for Emergency Travel Expenses incurred by a director or officer of the Named Insured due to the occurrence of a Certified Act of Terrorism. Emergency Travel Expenses are additional travel expenses incurred to reschedule comparable transport due to the cancellation of scheduled transport within forty eight 48 hours of a Certified Act of Terrorism. Certified Act of Terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in that Act for a Certified Act of Terrorism include the following a. the act resulted in aggregate losses in excess of 5 million and b. the act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the Policy or affect the conduct of the United States Government by coercion. Workplace Violence Counseling We will reimburse you up to 25000 as a Limit of Insurance in any one policy year under this Additional Coverage Workplace Violence Counseling for expenses you incur for the counseling of employees of the Named Insured when that counseling is necessary due to an incident of Workplace Violence. Workplace Violence means the intentional use of or threat to use deadly force by any person with the intent to cause harm and that results in bodily injury or death of a person while on the Named Insured s premises. SRPG115 Page 4 of 4 012012 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSUREDS OWNERS MANAGERS AND OR LESSORS OF PREMISES SPONSORS OR CO PROMOTERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Is amended to include as an additional Insured any person or organization of the types designated below but only with respect to liability caused in whole or in part by your operations 1. Owners managers andor lessors of the premises leased rented or loaned to you subject to the following additional exclusions A. This insurance applies only to an occurrence which takes place while you are a tenant in the premises B. This insurance does not apply to Bodily Injury or Property Damage resulting from structural alterations new construction or demolition operations performed by or on behalf of the owner manager andor lessor of the premises C. This insurance does not apply to any design defect or structural maintenance of the premises by or on behalf of the owner manager andor lessor. 2. Sponsors. 3. Co Promoters. With respect to any additional insured included under this policy this insurance does not apply to the sole negligence of such additional insured. Further we will have no duty to defend such additional insured against any suit to which this insurance does not apply. SRPG157 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABUSE MOLESTATION HARASSMENT OR SEXUAL CONDUCT EXCLUSION This insurance does not apply to a the actual threatened or alleged abuse molestation harassment or sexual conduct by anyone of any person in your care custody and control or b the negligent i employment ii investigation iii supervision hiring or training iv reporting to the proper authorities or failure to so report v retention or vi referral of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by a above. This endorsement does not change any other provision of the policy. SRPG8015 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Description of Designated Operations Alcoholic beverage sales Animals Auto parts mechanical Body piercing or permanent tattooing Christmas tree retail lots Cleaning accessories productshomemade E commerce selling Fire safety equipment Fireworks sales displays Health beauty products homemade Hot wax impressions Mazes corn hay fence Medical testing Motor sports activities Nutritional or health supplements selling On site installation service or repair of products On site equipment sales rental Oxygen or aromatherapy bars Photographers Protective equipment or apparel Storefront operations Tobacco products Toys for ages 4 and under Vehicles in motion Watercraft exhibits on water Weapon sales Weight loss plans or products selling Wholesale business operations Specified Location If Applicable This insurance does not apply to the operations described in the Schedule of this endorsement regardless of whether such operations are conducted by you or on your behalf or whether the operations are conducted for yourself or for others. Unless a location is specified in the Schedule this exclusion applies regardless of where such operations are conducted by you or on your behalf. If a specific location is designated in the Schedule of this endorsement this exclusion applies only to the described operations conducted at that location. For the purpose of this endorsement location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway water way or right of way of a railroad. SRPG26055 Includes copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1994. 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIREWORKS EXCLUSION This endorsement modifies the insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to any loss claim or suit arising out of fireworks. For purposes of this endorsement fireworks means any display of explosive or burning devices material or pyrotechnics. SRPG26117 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SPORTS LEISURE ENTERTAINMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM This insurance does not apply to Aircraft Hot Air Balloon The ownership operation maintenance use loading or unloading of any flying craft or vehicle including but not limited to any aircraft hot air balloon glider parachute helicopter missile or spacecraft. Airport The ownership operation maintenance or use of any airfield or airport facility or premises. Amusement Devices The ownership operation maintenance or use of any mechanical or non mechanical ride slide or water slide any inflatable recreational device any bungee operation or equipment any vertical device or equipment used for climbing either permanently affixed or temporarily erected or dunk tank. Amusement devices do not include any video or computer games. Animals 1. Injury or death to any animal. 2. Injury death or property damage caused by any animal owned rented or hired by you. Haunted Attractions The ownership operation maintenance or use of any haunted attractions. Performer Injury or death to any performer or entertainer during any activity event or exhibition including but not limited to any stunt concert show or theatrical event. Rodeo Any rodeo activity including but not limited to bronco or bull riding steer roping team roping barrel racing or horseback riding. Saddle Animal The ownership operation maintenance use loading or unloading of any saddle animal including but not limited to riding on any saddle animal or riding on any vehicle which is drawn or powered by any animal. Snowmobile The ownership operation maintenance use loading or unloading of any snowmobile. SRPG26131 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 JMBER 6BRPG0000005371300 INTERLINE IL12011185 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY CHANGES Policy Change Number 1 POLICY NUMBER 6BRPG0000005371300 POLICY CHANGES EFFECTIVE 020113 COMPANY Nationwide Mutual Insurance Company NAMED INSURED Sports Leisure Entertainment RPG DBA Enrolled Member Vendors at Herschend Family Entertainment AUTHORIZED REPRESENTATIVE KK Insurance Group Inc. COVERAGE PARTS AFFECTED COMMERCIAL GENERAL LIABILITY COVERAGE CHANGES Form SRPG26131 Exclusion Sports Leisure Entertainment Amusement Devices is amended as follows Amusement Devices Amusement devices the ownership operation maintenance or use of any mechanical or non mechanical ride slide water slide any inflatable recreation device any bungee operation or equipment any vertical device or equipment used for climbing either permanently affixed or temporarily erected or dunk tank. Amusement device does not include any video arcade or computer games or structures that are not designed to bounce on slide on ride on or tunnel through Airport The ownership operation maintenance or use of any airfield or airport facility or premises. This exclusion does not apply to concessionaires exhibitors or vendors selling displaying demonstrating or promoting their products or services at any airfield or airport facility or premises. rm SRPG26131 Exclusion Sports Leisure Entertainment Amusement Devices is amended as follows Authorized Representative Signature IL12011185 Copyright Insurance Services Office Inc. 1983 Copyright ISO Commercial Risk Services Inc. 1983 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIMITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Limits of Insurance shown in the Declarations Page or wherever they may appear apply separately to each enrolled member. The Limits of Insurance do not apply separately to the following The individual persons subsidiaries affiliates or other entities that are a part of the enrolled member. If more than one policy or certificate issued to the same enrolled member could apply to the same occurrence the most we will pay for that occurrence is the highest limit of liability and aggregate limit of liability on any one policy or certificate issued to that enrolled member. SRPG26147CG 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES ACTIVITIES OR OPERATIONS This endorsement modifies insurance provided under the following ALL LIABILITY COVERAGES This insurance applies only to 1. The ownership maintenance or use of the premises shown in the Schedule and operations necessary or incidental to those premises or 2. The activities or operations shown in the Schedule. SCHEDULE Premises Activities or Operations Vendors at Herschend Family Entertainment events that are reported approved and endorsed to the policy. SRPG26154 0908 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 01230397 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDIANA CHANGES POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Subparagraph f. Pollution of Paragraph 2. Exclusions of Bodily Injury And Property Damage Liability Coverage Section Coverages and to Paragraph 2. Exclusions of Personal And Advertising Injury Liability Coverage Section Coverages or to any amendment to or replacement thereof This Pollution Exclusion applies whether or not such irritant or contaminant has any function in your business operations premises site or location. CG 01230397 Copyright Insurance Services Office Inc. 1996 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 20110196 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises Part Leased to You 2. Name of Person or Organization Additional Insured Herschend Family Entertainment Corp. 3. Additional Premium If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. WHO IS AN INSURED Section ll is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. CG 2011 01 96 Copyright Insurance Services Office Inc. 1994 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Herschend Family Entertainment Corp. 2800 W. 76 Country Blvd. Branson MO 65616 As requested and endorsed Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Il Who Is An Insured is amended to include acts or omissions or the acts or omissions of those acting as an additional insured the persons or organizations on your behalf shown in the Schedule but only with respect to liability A. In the performance of your ongoing operations or for bodily injury property damage or personal and advertising injury caused in whole or in part by your B. In connection with your premises owned by or rented to you. 00 W. 76 Country Blvd. anson MO 65616 requested and endorsed CG 20 26 07 04 ISO Properties Inc. 2004 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 20 28 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations As requested and endorsed. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. B. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. CG 20 28 07 04 ISO Properties Inc. 2004 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 214707 98 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 Bodlly Injury And Property Damage Lial This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21470798 Copyright Insurance Services Office Inc. 1997 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened 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 concurrently or in any sequence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of 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 consumption. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threatened 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 concurrently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CG 21671204 ISO Properties Inc. 2003 Page 10of 1 | 2 |
POLICY NUMBER 6BRPG0000005371300 POLICY NUMBER 6BRPG0000005371300 COMMERCIAL GENERAL LIABILITY CG 21700108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 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 to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria 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 A Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria 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 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. CG 21700108 ISO Properties Inc. 2007 Page 10of 1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY POLICY COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES DECLARATIONS Policy Number JBP WI0640 Named Insured Sentry Credit Union Agent Name JB Lloyd and Associates LLC Mailing Address 1800 N. Point Drive Mailing Address 8401 N Central Expressway Suite 1000 Stephens Point W1 54481 Dallas TX 75225 Agent Name Mailing Address JB Lloyd and Associates LLC 8401 N Central Expressway Suite 1000 Dallas TX 75225 L42843 Agent Number POLICY PERIOD Effective Date January 27 2017 Expiration Date Until Cancelled 1201 AM. Local Standard Time at the address of the Named Insured LIMIT OF LIABILITY COVERAGE TYPE AMOUNT OF INSURANCE DEDUCTIBLE IF ANY RATE 1000000 2000000 RESIDENTIAL LIABILITY AGGREGATE NONE 300 annually 1000000 2000000 COMMERCIAL LIABILITY AGGREGATE NONE 0.19 Per 100 annually 1000000 2000000 VACANT LAND AGGREGATE NONE 160 annually 50000 Fire Damage 2500 Medical Payments Coverage Information All coverages terms and conditions are set forth in this Commercial General Liability Real Estate Owned Properties Declaration and in the attached policy forms. The insurance afforded is only with respect to such of the described coverages as are indicated by a specific premium charge or charges. The limit of our liability against each such coverage shall be as stated herein subject to all the terms of this Declarations having referenced thereto. Limit of Liability The maximum limit of liability amount of insurance against each coverage shall be as stated herein subject to all the terms of this Declarations having reference thereto. Taxes and Fees APPLICABLE STATES ONLY AS MANDATED 300 annually RESIDENTIAL LIABILITY NONE 0.19 Per 100 annually COMMERCIAL LIABILITY NONE IIFS.71.2022 MSP00 1113 Page 1.1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 COMMERCIAL GENERAL LIABILITY COVERAGE REAL ESTATE OWNED PROPERTIES Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in bold have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits of Insurance and 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 under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission 10f 16 Copyright ISO Properties Inc. 2012 10f 16 | 0 |
2. EXCLUSIONS This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing 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 compensation law or any similar law. e. Employer s Li y Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Atorfrom any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. 20f16 Copyright ISO Properties Inc. 2012 20f16 | 1 |
b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or d Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. 30f16 Copyright ISO Properties Inc. 2012 30of16 | 1 |
h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage to Premises Rented to You as described in Section Il Limits of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to Your Product Property damage to your product arising out of it or any part of it. I Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 Adefect deficiency inadequacy or dangerous condition in your product or your work or 2 Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use n. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. 40f16 Copyright ISO Properties Inc. 2012 40f16 | 1 |
o. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Distribution of Material in Violation of Statutes Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits of Insurance. r Abuse or Molestation Bodily injury or property damage arising out of 1 The actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or 2 The negligent Employment b Investigation Supervision Reporting to the proper authorities or failure to so report or e Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Item 1 above. 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 1l Limits of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. EXCLUSIONS This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 50f 16 | 1 |
Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. 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 Section V Definitions. 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 Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room 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. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 60of 16 | 1 |
q 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Distribution of Material in Violation of Statutes 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 or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. Abuse or Molestation Personal and advertising injury arising out of 1 The actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or 2 The negligent Employment Investigation Supervision Reporting to the proper authorities or failure to so report or Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Item 1 above. a b c d e COVERAGE C MEDICAL PAYMENTS 1. INSURING AGREEMENT a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations Provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. EXCLUSIONS We will not pay expenses for bodily injury to a. Any Insured Any insured except volunteer workers. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 70f16 | 1 |
Hired Person A person hired to do work for or on behalf of any insured or a tenant of any insured. Injury on Normally Occupied Premises A person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation and Similar Laws 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 A person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect o any claim we investigate or settle or any suit against an insured we defend a b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the bodily injury liability coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 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. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Al interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met 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 This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 8of 16 | 1 |
e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage 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. Anindividual 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. Alimited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust 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 co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Avising out of his or her providing or failing to provide professional health care services. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 90of 16 | 1 |
2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 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. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. 10 of 16 Copyright ISO Properties Inc. 2012 100f 16 | 1 |
The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy financial dissolution or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifaclaimis 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 or your agent as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. Youand any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i Thatis fire extended coverage builder s risk installation risk or similar coverage for your work i That s fire insurance for premises rented to you or temporarily occupied by you with permission of the owner 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 110f 16 | 1 |
iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of 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. 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 b. c. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us and 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 b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 8. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 120f 16 | 1 |
10. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. Other termination provisions 1 Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2 If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. Aland 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 in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. Allother parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates 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. Impaired property does not include property that can be restored to use by the repair replacement adjustment or removal of your product or your work or caused by your failure to fulfill the terms of a contract or agreement. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 13 0f 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 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 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or c. While itis being moved from an aircraft watercraft or auto to the place where it is finally delivered. Loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 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 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 14 0f 16 | 1 |
2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site or c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does notinclude 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 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 B 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. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 150f 16 | 1 |
18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does notinclude 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. 1IFS.71.2021 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 16 of 16 | 1 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM VACANT LAND LIABILITY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that in consideration of an additional premium paid by the mortgagee and upon the mortgagee s request for coverage the real estate owned liability coverage is extended to cover vacant land. Vacant land shall be defined as land with no man made structures and no man made improvements or alterations such as but not limited to buildings plumbing wiring drainage ditches irrigation ditches mine shafts quarries man made holes building materials and docks or piers extending over water. Vacant land shall exclude land used for grazing ranching or farm purposes. Land that has only fences sidewalks roads driveways or telephone poles or a combination thereof shall be considered vacant land for purposes of this endorsement. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. COMPLETE ONLY WHEN THIS ENDORSEMENT IS ADDED AFTER ISSUANCE OF THE POLICY. POLICY NUMBER NAMED INSURED EFFECTIVE DATE 1IFS.71.1024 MSP00 1113 Page 1.1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES ASBESTOS LIABILITY EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Itis hereby understood and agreed that Asbestos Liability is excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for 1. Bodily injury property damage personal injury or advertising injury arising out of resulting from caused or contributed to by asbestos or exposure to asbestos or 2. The costs of abatement mitigation removal or disposal of asbestos. This exclusion also includes a. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and b. Any obligation to share damages with or to repay any other person who must pay damages because of such injury or damage. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2020 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Communicable Disease is excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for 1. Bodily injury or property damage arising out of the giving of spreading of or exposure to a communicable disease including but not limited to the following Measles rubella mumps hepatitis diphtheria scarlet fever smallpox rabies pandemic flu tuberculosis influenza Ebola virus conjunctivitis plague dengue viral encephalitis and Kawasaki Syndrome and 2. Sexually transmitted diseases including but not limited to the following HIV AIDS chlamydia syphilis gonorrhea herpes scabies etc. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2023 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES EMPLOYMENT RELATED PRACTICES EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Employment Related Practices is excluded from the Commercial General Liability Policy Real Estate Owned Properties. The following exclusion is added to Section Coverage A Bodily Injury and Property Damage Liability Item 2. Exclusions There is no coverage for bodily injury to 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of bodil employment related practices described in items a. b. or c. above is directed. injury to that person at whom any of the This exclusion applies 1. Whether the injury causing event described in items a. b. or c. above occurs before employment during employment or after employment of that person 2. Whether the insured may be liable as an employer or in any other capacity and 3. To any obligation to share damages with or to repay any other person who must pay damages because of the injury. The following exclusion is added to Section Coverage B Personal And Advertising Injury Liability ltem 2. Exclusions There is no coverage for personal and advertising injury to 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in items a. b. or c. above is directed. This exclusion applies 1. Whether the injury causing event described in items a. b. or c. above occurs before employment during employment or after employment of that person 2. Whether the insured may be liable as an employer or in any other capacity and 3. To any obligation to share damages with or to repay any other person who must pay damages because of the injury. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2024 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES FINANCIAL ENDEAVORS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Financial Endeavors are excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for bodily injury property damage personal injury or advertising injury arising out of 1. 2. 3. Operations over which you exercise control in a fiduciary capacity as trustee guardian executor administrator custodian escrow agent or similar capacity Damage to real or personal property of others in your safekeeping care custody or control The use or misuse by your borrowers of funds loaned by you to such borrowers The ownership maintenance or use of any building in which you hold a security interest because of loans made in connection with the construction thereof Any negligent act error or omission in the performance of professional services for others by or on your behalf including but not limited to a. Administering estates or trusts or managing real or personal property of others b. Acting as a mortgagee mortgage servicing agent or fiduciary with regard to deeds of trust or mortgages c. The rendering or financial economic or investment advice or advisory or management services d. Compliance or failure to comply with notice to stop payment in connection with any check note or draft or refusal to pay or to certify or give notice of dishonor of such check note or draft Electronic date processing Acting as an escrow company or escrow agent Acting as an insurance agent or broker Acting as a real estate agent or broker or Failure to comply with Section 130 Civil Liberty or Title Truth In Lending Act of the Consumer Protection Act Public Law 90 321 82 stat 146 et seq or any subsequent laws. e o ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2025 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES INSURED PREMISES AND OPERATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Insured Premises and Operations coverage insures only bodily injury or property damage arising out of the ownership maintenance or the use of the insured premises and all operations necessary or incidental thereto. Insured premises means 1. The premises designated in the Commercial General Liability Coverage Real Estate Owned Properties Declarations 2. The premises for which the named insured is contractually obligated to obtain liability coverage for and 3. The premises as to which the named insured acquires ownership or control and reports his intention to insure such premises under this policy and no other within 30 days after such acquisition and includes the ways immediately adjoining such premises on land. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2026 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES LEAD HAZARDOUS PROPERTIES EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Itis hereby understood and agreed that Lead Hazardous Properties is excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for Any loss cost or expense arising out of resulting from caused or contributed to by lead from paint or water including dust provided that such damages result from or are contributed to by the hazardous properties of lead. This includes but is not limited to any costs for abatement mitigation removal or disposal of paint or other items containing lead. This exclusion also includes but is not limited to 1. Any supervision instructions recommendations requests warnings or advice given or which should have been given in connection with the above and 2. Any obligation to share damages with or to repay any other person who must pay damages. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2027 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Nuclear Energy Liability is excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for 1. Any liability coverage for bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Any medical payments coverage for expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 3. Any liability coverage for bodily injury or property damage resulting from hazardous properties of nuclear material if a. The nuclear material 1 s atany nuclear facility owned by or operated by or on behalf of an insured or 2 Has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. 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 the United States of America its territories or possessions or Canada this exclusion item c. applies only to property damage to such nuclear facility and any property threat. As used in this endorsement 1. Hazardous properties includes radioactive toxic or explosive properties. 2. Nuclear material means source material special nuclear material or by product material. 3. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. 5. Waste means any waste material a. Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b. Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 6. Nuclear facility means a. Any nuclear reactor b. Any equipment or device designed or used for 1 Separating the isotopes of uranium or plutonium 2 Processing or utilizing spent fuel or 3 Handling processing or packaging waste and 1IFS.71.2028 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of2 | 2 |
c. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and e. Any site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. 8. Property damage includes all forms of radioactive contamination of property. ALL OTHER PROVISIONS OF THE POLICY REMAIN UNCHANGED. 1IFS.71.2028 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of2 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES PRODUCTS COMPLETED OPERATIONS HAZARD LIABILITY EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Products Completed Operations Hazard Liability is excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage for Bodily injury or property damage falling within the completed operations hazard or the products hazard. ALL OTHER PROVISIONS OF THE POLICY REMAIN UNCHANGED. 1IFS.71.2029 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES PUNITIVE DAMAGES EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is hereby understood and agreed that Punitive Damages are excluded from the Commercial General Liability Policy Real Estate Owned Properties. There is no coverage under this policy for claims of or indemnification for punitive or exemplary damages. If a suit seeking both compensatory and punitive or exemplary damages shall have been brought against the insured for a claim falling within the coverage provided under the policy we will afford a defense to such an action. We shall not have an obligation to pay any costs interest or damages attributable to punitive or exemplary damages. ALL OTHER PROVISIONS OF THE POLICY REMAIN UNCHANGED. 1IFS.71.2030 MSP00 0414 Includes copyrighted material of ISO Properties Inc. with its permission. Copyright ISO Properties Inc. 2012 1of1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES WISCONSIN AMENDATORY ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The Commercial General Liability Coverage Policy Section IV Commercial General Liability Conditions Item 9. When We Do Not Renew is deleted and replaced with the following 9. a. When We Do Not Renew 1 If we elect not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations at the last mailing address known to us written notice of nonrenewal at least 60 days before a The expiration date of the Coverage Part. b The anniversary date of the Coverage Part if it had been written for a term of more than one year. 2 Other nonrenewal provisions a Notice shall include the effective date and reasons for nonrenewal. b If notice is mailed proof of mailing will be sufficient proof of notice. b. Renewal with changes 1 If we elect to renew this Coverage Part and the renewal includes less favorable terms or an increase in premium of 25 or more not caused by an action of the Named Insured that alters the nature or extent of the risk insured against we will mail or deliver written notice of such changes to the first Named Insured shown in the Declarations at the last mailing address known to us at least 60 days before the a The expiration date of the Coverage Part. b The anniversary date of the Coverage Part if it had been written for a term of more than one year. 2 If you choose to accept the renewal any premium increase andor other changes shall become effective the day following the expiration date of the current Coverage Part. 3 If we fail to provide the required notice as stated above the current Coverage Part will remain in effect until a 60 days after we have provided the required notice or b The effective date of any replacement coverage that is obtained by the Named Insured whichever first occurs. 4 Other renewal provisions a If you choose not to accept the renewal offer any earned premium for the extended period of coverage shall be calculated proportionately on the basis of the premium of the prior Coverage Part term. b If notice is mailed proof of mailing will be sufficient proof of notice. The Commercial General Liability Coverage Policy Section IV Commercial General Liability Conditions Item 10. Cancellation is deleted and replaced with the following 10. Cancellation a. The first Named Insured shown in the Declarations may cancel the policy by mailing or delivering to us advance written notice of cancellation. b. If this policy has been in effect for less than 60 days and is not a renewal with us or if at any time if you have not paid the premium we may cancel this policy by mailing or delivering to the first Named Insured shown in the Declarations at the last mailing address known to us written notice of cancellation at least 10 days before the cancellation date. c. If this policy has been in effect for 60 days or more or if it is a renewal with us we may cancel this policy for one or more of the following reasons only 1 Nonpayment of premium 2 Material misrepresentation 3 A substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract or d A substantial breach of contractual duties conditions or warranties. We will mail or deliver to the first Named Insured shown in the Declarations at the last mailing address known to us written notice of cancellation at least 10 days before the cancellation date. d. Other termination provisions 1 Notice of cancellation will state the reasons for the proposed action. 2 Notice of cancellation will state the effective date of cancellation the policy period will end on that date 3 If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER PROVISIONS OF THIS POLICY REMAIN UNCHANGED. 1IFS.71.2088 MSP00 0414 Page 1of 1 Page 1of 1 | 2 |
AMERICAN NATIONAL PROPERTY AND CASUALTY COMPANY Credit Insurance Division 1949 East Sunshine St. Springfield MO 65899 0001 MORTGAGE SECURITY PROGRAM COMMERCIAL GENERAL LIABILITY REAL ESTATE OWNED PROPERTIES POLICY EXECUTION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The Company has caused this policy to be signed by the President and Secretary. Vihnia. M. St L QA President Secretary 1IFS.71.2031 MSP00 0715 Page 1.1 | 2 |
This SPECIAL MULTI FLEX POLICY is provided by the stock insurance companys of The Hartford Insurance Group shown below. COMMON POLICY DECLARATIONS POLICY NUMBER 37 UEN QU2335 TaE RENEWALOF 37 C Qu0983 HARTFORD Named Insured and Mag Address por HDR GLOBAL DESIGN CONSULTANTS LLC No. Street Town State Zip Code 4501 SOUTH 2700 WEST SALT LAKE CITY UT 84114 POLICY DECLARATIONS UMBER 37 UEN QU2335 VALOF 37 c Qu0983 Policy Period Policy Period From 06012014 To 06012015 1201 a.m. Standard Time at your mailing address shown above. In return for the payment of the premium and subject to all of the terms of this policy we agree with you to provide insurance as stated in this policy. The Coverage Parts that are of this policy are listed below. The Advance Premium shown may be subject to adjustment. Total Advance Premium 4290 Coverage Part and Insurance Company Summary Advance Premium COMMERCIAL GENERAL LIABILITY HARTFORD FIRE INSURANCE COMPANY HARTFORD CT 06155 INCLUDED Form Numbers of Coverage Parts Forms and Endorsements that are a part of this policy and that are not listed in the Coverage Parts. HS00020605 Agent Broker Name LOCKTON COMPANIES LLC 444 WEST 47TH STREET SUITE 900 KANSAS CITY MO 64112 Agency Code 330027 Countersigned by Where required by law Authorized Representative Date Agency Code 330027 06112014 Form HM 00 10 01 07 | 2 |
COMMERCIAL GENERAL LIABILITY I COVERAGE PART DECLARATIONS DECLARATIONS Previous Policy No. 37 C QU0983 This COMMERCIAL GENERAL LIABILITY COVERAGE PART consists of A. This Declarations B. Commercial Liability Schedule if applicable C. Commercial General Liability Coverage Form and D. Any Endorsements issued to be part of this Coverage Part and listed below. POLICY NO. 37 UEN QU2335 1. Audit Period is the Policy Period unless otherwise herein stated Semi Annual Quarterly Monthly x Annual Not subject to Audit 2. Advance Premium 4290 which is AFlat Charge Per Each Policy Period Adjustable at the end of each Audit Period Per Premium Computation Endorsement Minimum Retained Audit Premium 4290 Minimum Retained Premium 4 290 not subject to adjustment in the event of cancellation by you. Applicable State Surcharges REFER TO SCHEDULE HC1210 Note charges if any are included in item 2. above 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy that apply are Each Occurrence 81000000 Personal and Advertising Injury Limit 1000000 Damage to Premises Rented To You Limit Any One Premises 300000 Medical Payments Coverage Limit Any One Person 10000 General Aggregate Limit Other than Products Completed Operations 52000000 Products Completed Operations Aggregate Limit 2 000 000 4. Classifications if any REFER TO EXTENSION SCHEDULE. 5. Business Description ENGINEERING FIRM 6. Form Numbers of Coverage Forms and Endorsements forming a part of this policy SEE LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. POLICY NO. 37 UEN QU2335 06112014 Form HS 00 02 06 05 c 2005 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE HG0001 06 05 COMMERCIAL GENERAL LIABILITY COVERAGE FORM HM9901 11 85 INSTALLMENT PAYMENT PLAN HS9906 06 05 PREMIUM COMPUTATION ENDORSEMENT HC1210 11 85 COMMERCIAL GENERAL LIABILITY SCHEDULE CG0224 10 93 EARLIER NOTICE OF CANCELLATION PROVIDED BY US GN984717 03 12 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT 03 12 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM HC2370 HS9855 01 06 ADJUSTMENT OF TERRORISM CHARGES AT AUDIT HC2137 03 93 ABSOLUTE LEAD EXCLUSION 10 CG2154 01 96 12 12 06 05 EXCLUSION DESIGNATED OPERATIONS COVERED BY CONSOLIDATED WRAP UP INSURANCE PROGRAM EXCLUSION RESIDENTIAL PREMISES EXCEPTION FOR ON GOING OPERATIONS EXCLUSION AIRCRAFT PRODUCTS 11 HS2133 12 HS2150 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 13 HS2481 07 13 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS OPTION II 14 CG2010 07 04 ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION 15 HS9951 06 05 INDEPENDENT CONTRACTORS ENDORSEMENT 14 CG2010 15 HS9951 16 HS2531 06 05 AMENDMENT PREMIUMS AND PREMIUM AUDIT 17 HS2532 06 08 AMENDMENT OTHER INSURANCE CONDITION 18 HC0097 12 10 AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY 10 01 ABSOLUTE POLLUTION EXCLUSION 19 HC2123 20 HC2183 10 01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 21 IL0021 22 HG0068 12 10 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION 06 08 EXCLUSION FUNGI BACTERIA AND VIRUSES 23 HC2190 24 HC2193 12 03 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM Form HS 99 22 06 08 c 2008 The Hartford | 2 |
OLICY NUMBER 37 UEN QU2335 Ly LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY POLICY NUMBER 37 UEN QU2335 The following is a listing of policy provisions forms and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE 25 HG2102 02 04 EXCLUSION SILICA 26 IL0017 11 98 COMMON POLICY CONDITIONS 27 HS2537 06 05 AMENDMENT POLICY PERIOD 28 CG0186 12 04 UTAH CHANGES 29 IL0266 09 08 UTAH CHANGES CANCELLATION AND NONRENEWAL 30 IH9940 04 09 U.S. DEPT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS 04 09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT 31 IH9941 32 HS9948 06 08 IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS PRODUCER COMPENSATION NOTICE 33 G3418 0 Form HS 99 22 06 08 c 2008 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the stock insurance company member of The Hartford providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Wl 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 under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. e. Incidental Medical Malpractice 1 Bodily injury arising out of the rendering of or failure to render professional health care services as a physician dentist nurse emergency medical technician or paramedic shall be deemed to be caused by an occurrence but only if a The physician dentist nurse emergency medical technician or paramedic s employed by you to provide such services and b You are not engaged in the business or occupation of providing such services. 3 HG 00 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 18 | 0 |
2 For the purpose of determining the limits of insurance for incidental medical malpractice any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one occurrence. 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 or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or Page 2 of 18 HG 00 01 06 05 | 1 |
iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 51 feet long and b Not being used to carry persons for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured HG 00 01 06 05 Page 3 of 18 | 1 |
4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment or An aircraft that is not owned by any insured and is hired chartered or loaned with a paid crew. However this exception does not apply if the insured has any other insurance for such bodily injury or property damage whether the other insurance is primary excess contingent or on any other basis. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. s G. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Ill 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 and 4 of this exclusion do not apply to property damage arising from the use of elevators. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to property damage to borrowed equipment while not being used to perform operations at the job site. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 6. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Page 4 of 18 HG 00 01 06 05 | 1 |
n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 0. 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. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. q. Employment Related Practices Bodily injury to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos 1 Bodily injury or property damage arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Damage To Premises Rented To You Exception For Damage By Fire Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. b c COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. HG 00 01 06 05 Page 5 of 18 | 1 |
2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury arising out of an offense committed by at the direction or with the consent or acquiescence of the insured with the expectation of inflicting personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral written or electronic publication 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 written or electronic publication of material whose first publication took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liabilif 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. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services.. Infringement Of Intellectual Property Rights Personal and advertising injury arising out of any violation of any intellectual property rights such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity. However this exclusion does not apply to infringement in your advertisement of 1 Copyright 2 Slogan unless the slogan is also a trademark trade name service mark or other designation of origin or authenticity or 3 Title of any literary or artistic work. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 17.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion placing an advertisement for or linking to others on your web site by itself is not considered the business of advertising broadcasting publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatags or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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. 2 Page 6 of 18 HG 00 01 06 05 | 1 |
o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others Personal and advertising injury arising out of 1 An advertisement for others on your web site 2 Placing a link to a web site of others on your web site 3 Content including information sounds text graphics or images from a web site of others displayed within a frame or border on your web site or 4 Computer code software or programming used to enable a Your web site or b The presentation or functionality of an advertisement or other content on your web site. q. Right Of Privacy Created By Statute Personal and advertising injury arising out of the violation of a person s right of privacy created by any state or federal act. However this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act.. Violation Of Anti Trust law Personal and advertising injury arising out of a violation of any anti trust law. s. Securities Personal and advertising injury arising out of the fluctuation in price or value of any stocks bonds or other securities. Discrimination Or Humiliation Personal and advertising injury arising out of discrimination or humiliation committed by or at the direction of any executive officer director stockholder partner or member of the insured. u. Employment Related Practices Personal and advertising injury to 1 A person arising out of any employment related practices 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 employment related practices are directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos 1 Personal and advertising injury arising out of the asbestos hazard. 2 Any damages judgments settlements loss costs or expenses that a May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. b c COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within three years of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 3 HG 00 01 06 05 Page 7 of 18 | 1 |
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 1000 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 appeal bonds or 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 500 a day because of time off from work. e. All costs taxed against the insured in the suit. 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 d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee Page 8 of 18 HG 00 01 06 05 | 1 |
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 a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Employees and Volunteer workers Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or that 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 Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services Paragraph d does not apply to any nurse emergency medical technician or paramedic employed by you to provide such services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Real Estate Manager Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Temporary Custodians of Your Property 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. Legal Representative If You Die Your legal representative if you die but only with respect to duties as such. That representative will c HG 00 01 06 05 Page 9 of 18 | 1 |
have all your rights and duties under this Coverage Part. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof of yours which is a legally incorporated entity of which you own a financial interest of more than 50 of the voting stock on the effective date of the Coverage Part. The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured does not apply to injury or damage with respect to which an insured under this Coverage Part is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 3. Newly Acquired or Formed Organization Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock 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 180th 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. 4. Mobile Equipment With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the watercraft and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person operating the watercraft or Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. Additional Insureds When Required By Written Contract Written Agreement Or Permit The following persons or organizations are an additional insured when you have agreed in a written contract written agreement or because of a permit issued by a state or political subdivision that such person or organization be added as an additional insured on your policy provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of time required by the contract or agreement. However no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any persons or organizations referred to below as vendor but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business and only if this Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. 1 The insurance afforded the vendor is subject to the following additional exclusions This insurance does not apply to a Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. 1l psidiary thereof of yours orated entity of which you of more than 50 of the tive date of the Coverage herein for any subsidiary erage Part as a named to injury or damage with ured under this Coverage under another policy or der such policy but for its austion of its limits of Organization acquire or form other than Page 10 of 18 HG 00 01 06 05 | 1 |
b Any express warranty unauthorized by you c Any physical or chemical change in the product made intentionally by the vendor d Repackaging except when unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container e Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products f Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in connection with the sale of the product g Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the vendor or Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However this exclusion does not apply to i The exceptions contained in Sub paragraphs d or f or ii Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the distribution or sale of the products. h 2 This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. b. Lessors of Equipment 1 Any person or organization from whom you 2 lease equipment but only with respect to their liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. c. Lessors of Land or Premises Any person or organization from whom you lease land or premises but only with respect to liability arising out of the ownership maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply This insurance does not apply to 1. Any occurrence which takes place after you cease to lease that land or 2. Structural alterations new construction or demolition operations performed by or on behalf of such person or organization. d. Architects Engineers or Surveyors Any architect engineer or surveyor but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In connection with your premises or 2 In the performance of your ongoing operations performed by you or on your behalf. With respect to the insurance afforded these additional insureds the following additional exclusion applies This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional services by or for you including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2. Supervisory inspection architectural or engineering activities. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds this insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. HG 00 01 06 05 Page 11 of 18 | 1 |
f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. above but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf 1 In the performance of your ongoing operations 2 In connection with your premises owned by or rented to you or In connection with your work and included within the products completed operations hazard but only if a The written contract or agreement requires you to provide such coverage to such additional insured and b This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard. With respect to the insurance afforded to these additional insureds this insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or the failure to render any professional architectural engineering or surveying services including 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Supervisory inspection architectural or engineering activities. The limits of insurance that apply to additional insureds under this provision is described in Section lll Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV Commercial General Liability Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Most We will Pay 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.. General Aggregate Limit 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.. Products Completed Operations Aggregate Limit 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.. Personal and Advertising Injury Limit 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 because of all personal and advertising injury sustained by any one person or organization.. Each Occurrence Limit Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence.. Damage To Premises Rented To You Limit Subject to 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 lightning or explosion while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire lightning or explosion the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event whether such damage results from fire lightning or explosion or any combination of these.. Medical Expense Limit Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person.. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be Page 12 of 18 HG 00 01 06 05 | 1 |
added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of a. The limits of insurance specified in the written contract or written agreement or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Notice Of Claim If a claim is made or suit is brought against any insured you or any additional insured must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. c. Assistance And Cooperation Of The Insured 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 HG 00 01 06 05 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost 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. e. Additional Insureds Other Insurance If we cover a claim or suit under this Coverage Part that may also be covered by other insurance available to an additional insured such additional insured must submit such claim or suit to the other insurer for defense and indemnity. However this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non contributory with the additional insured s own insurance. f. Knowledge Of An Occurrence Offense Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such occurrence offense claim or suit is known to 1 You or any additional insured that is an individual 2 Any partner if you or an additional insured is a partnership 3 Any manager if you or an additional insured is a limited liability company 4 Any executive officer or insurance manager if you or an additional insured is a corporation 5 Any trustee if you or an additional insured is a trust or 6 Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or Page 13 of 18 HG 00 01 06 05 | 1 |
7 When You Add Others As An Additional Insured To This Insurance Any other insurance available to an additional insured. However the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part. a Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in c. below. Primary And Non Contributory To Other Insurance When Required By Contract If you have agreed in a written contract written agreement or permit that this insurance is primary and non contributory with the additional insured s own insurance this insurance is primary and we will not seek contribution from that other insurance. b Paragraphs a and b do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 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 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part.. Method Of Sharing If all of the other insurance permits 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. that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative.. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis 1 Your Work That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Premises Rented To You That is fire lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner Tenant Liability 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 4 Aircraft Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability 5 Property Damage to Borrowed Equipment Or Use Of Elevators If the loss arises out of property damage to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability 6 When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations or products and completed operations for which you have been added as an additional insured by that insurance or 2 Page 14 of 18 HG 00 01 06 05 | 1 |
If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy you agree 1 The statements in the Declarations are accurate and complete 2 Those statements are based upon representations you made to us and 3 We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business that exist at the inception date of this Coverage Part we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer of Rights Of Recovery If the insured has rights to recover all or part of any payment including Supplementary Payments 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 HG 00 01 06 05 insured will bring suit or transfer those rights to us and help us enforce them. b. Waiver Of Rights Of Recovery Waiver Of Subrogation If the insured has waived any rights of recovery against any person or organization for all or part of any payment including Supplementary Payments we have made under this Coverage Part we also waive that right provided the insured waived their rights of recovery against such person or organization in a contract agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods products or services through a. 1 Radio 2 Television 3 Billboard 4 Magazint 5 Newspaper or b. Any other publication that is given widespread public distribution. However advertisement does not include a. The design printed material information or images contained in on or upon the packaging or labeling of any goods or products or b. An interactive conversation between or among persons through a computer network. 2. Advertising idea means any idea for an advertisement. 3. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. 5. Bodily injury means physical a. Injury b. Sickness or c. Disease sustained by a person and if arising out of the above mental anguish or death at any time. Page 15 of 18 ions are accurate based upon s and eliance upon your e Hazards to disclose all of your business of this Coverage rage under this ilure. o Inst viners 10 HG 00 01 06 05 | 1 |
6. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in the United States of America including its territories and possessions Puerto Rico or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 7. Employee includes a leased worker. Employee does not include a temporary worker. 8. Employment Related Practices means a. Refusal to employ a person b. Termination of a person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at a person. 9. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 10.Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be..Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 12.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 lightning or explosion to premises while 2 3 1 Page 16 of 18 rented to you or temporarily occupied by you with permission of the owner is subject to the Damage to Premises Rented To You Limit described in Section lll Limits of Insurance b. A sidetrack agreement c. Any easement or license agreement including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement 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. However Paragraph f. does not include that part of any contract or agreement 1 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 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 1 above and supervisory inspection architectural or engineering activities. 13.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. 14.Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto HG 00 01 06 05 Page 16 of 18 | 1 |
15. c.. While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. f. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers to provide mobility to permanently. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 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 of at least 1000 pounds gross vehicle weight 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. 16.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 17.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral written or electronic publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral written or electronic publication of material that violates a person s right of privacy. Copying in your advertisement a person s or organization s idea or advertisement advertising style of. Infringement of copyright slogan or title of any literary or artistic work in your advertisement or. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18.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. 19.Products completed operations hazard Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work wil be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. 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 c nclude the mechanical attached to wing types achinery or and other off public or next to maintained ermanently diggers or equipment above that PR. HG 00 01 06 05 Page 17 of 18 | 1 |
b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 20.Property damage means 2 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. As used in this definition computerized or electronically stored data programs or software are not tangible property. Electronic data means information facts or programs a. Stored as or on b. Created or used on or c. Transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22.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. 23.Volunteer worker means a person who a. Is not your employee b. Donates his or her work c. Acts at the direction of and within the scope of duties determined by you and d. Is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 24.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25.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 HG 00 01 06 05 | 1 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PAYMENTPLAN We and you agree that you will pay the premium in installments as shown below Date Premium Date Premium 612014 4290 Form HM 99 01 11 85 T Printed in U.S.A. | 2 |
POLICY NUMBER 37 UEN QU2335 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1 The Advance Premium set forth in Item 2. of the Declarations is adjustable and is only an estimated premium for the Audit Period set forth in Item 1. of the Declarations. The final earned premium for the Audit Period shall be determined as specified in paragraph b. of the Premium Audit Condition Section IV. The Audit Premium referred to in such paragraph b. shall be computed by applying the Rate of 4.2480 per 1000 of the Premium Base identified in 2 below. Such Rate is net of any taxes licenses or fees. 2 The Premium Base shall be identified in A and B below A PREMIUM BASE Gross Sales excluding aircraft products intercompany sales and foreign sales. Payroll as determined immediately below Gross Unmodified Payroll Workers Compensation Payroll Workers Compensation Payroll excluding 1 Clerical Office Employees 2 Salesmen Collectors Messengers 3 Drivers and their helpers if principal duties are to work on or in connection with autos. x Other Describe 10121 cost POLICY NUMBER 37 UEN QU2335 B SPECIFIC DELETIONS FROM PREMIUM BASE IF ANY Designated Products described in the following endorsements Designated Operations described in the following endorsements T Other described in the following endorsements Form HS 99 06 06 05 Page 1 of 2 c 2005 The Hartford | 2 |
3 As used in this endorsement the following additional definitions apply Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. Clerical Office Employees means those employees who work in an area which is physically separated by walls floors or partitions from all your other work areas and whose duties are strictly limited to keeping your books or records or conducting correspondence including any other employees engaged in clerical work in the same area. Foreign Sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales which directly emanate from the sale of your product sold for use or consumption outside the United States of America its territories or possessions or Canada. Intercompany sales unless otherwise specifically defined in an endorsement forming a part of this policy are sales between you and any other organization covered under this policy over which you maintain ownership or majority interest in. Payroll means remuneration. Remuneration means money or substitute for money. Sales means the gross amount charged by the Named Insured concessionaires of the Named Insured or by others trading under the insured s name for a All goods or products sold or distributed b Operations performed or c Rentals during the Audit Period set forth in Item 3. of the Declarations The following items shall be deducted from sales a Sales or excise taxes which are collected and submitted to a governmental division b Credits for repossessed merchandise and products returned and allowance for damaged and spoiled goods c Finance charges for items sold on installments d Freight charges on sales if freight is charged as a separate item on customer s invoice and e Royalty income from patent rights or copyrights which are not product sales. Salesmen collectors and messengers means those employees engaged principally in any such duties away from the Named Insured s premises. Workers Compensation Payroll means payroll developed in accordance with the applicable Workers Compensation manual. Page 2 of 2 Form HS 99 06 06 05 | 2 |
Tue y HARTFORD COMMERCIAL GENERAL LIABILITY SCHEDULE Tue g HARTFORD Policy Number 37 UEN QuU2335 This Schedule Forms a part of the coMMERCTIAL GENERAL LIABILITY Coverage Part. Entries herein except as specifically provided elsewhere in this policy do not modify any of the other provisions of this policy. Rating Classifications Code No. Premium Basis Rate Premium PREMISES OPERATIONS 98550 1000000 4.2480 4248 PRODUCTS COMPLETED OPS INCLUDED TERRORISM CHARGE 1.0000 42 COMPOSITE RATED PER 1000.00 OF TOTAL COST MINIMUM PREMIUM OF 3398.00 WILL APPLY ADVANCE PREMIUM 4290 Form HC 12 10 11 85 Printed in U.S.A. c22o0U 1000000 1.0000 COMPOSITE RATED PER 1000.00 OF TOTAL COST MINIMUM PREMIUM OF 3398.00 WILL APPLY Form HC 1210 11 85 Printed in U.S.A. | 2 |
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