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COMMERCIAL GENERAL LIABILITY CG 02241093 Policy Number 37 UEN QuU2335 CG 02241093 Effective Date 06012014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 60 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CG 02241093 Copyright Insurance Services Office Inc. 1992 | 2 |
Policy Number 37 ypy qu233s Effective Date 06012014 Named Insured and Address yor HDR GLOBAL DESIGN CONSULTANTS LLC 4501 SOUTH 2700 WEST SALT LAKE CITY UT 84114 CONFIRMATION OF COVERAGE ELECTION TERRORISM RISK INSURANCE ACT We have previously notified you that in accordance with the federal Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. 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 under TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 8. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA 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. The United States government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. At that time we advised you that the premium for such terrorism coverage would be 42 Please be advised that this premium charge may be adjusted at audit if applicable. As a result of our notification you have made the following election Accepted Terrorism Coverage x Rejected Terrorism Coverage Form GN 98 47 17 ED. 0312 Page 1 of 2 2012 The Hartford | 2 |
TERRORISM EXCLUSION ON YOUR BINDER AND OR POLICY AND ITS RENEWALS If the Rejected Terrorism Coverage box above is checked you have previously rejected such coverage by signing a written rejection statement and returning such document to us. By doing so you authorized the attachment of terrorism exclusions to your binder andor policy and to all subsequent renewals. Unless you contact your agent broker or representative and accept coverage prior to the inception of your renewal policy the terrorism exclusions will apply to all subsequent renewals. Page 2 of 2 Form GN 98 47 17 ED. 0312 | 2 |
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 CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART LIBRARY ERRORS AND OMISSIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRINTER S ERRORS AND OMISSIONS LIABILITY COVERAGE FORM PRODUCT RECALL EXPENSE COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. 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 under the federal Terrorism Risk Insurance Act as amended TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. 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. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA 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. The United States government has not charged any premium for their participation in covering terrorism losses. The terms and limitations of any terrorism exclusion or the inapplicability or omissions of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the War Exclusion. Form HC 23 70 03 12 Page 1 of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ICY NUMBER 37 UEN QU2335 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADJUSTMENT OF TERRORISM CHARGES AT AUDIT POLICY NUMBER 37 UEN QU2335 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART Itis agreed that The premium set forth in your policy on your declarations page or any separate endorsement for Certified Acts of Terrorism is a preliminary premium based on your original premium and will be recomputed and adjusted by applying a charge of 1.00 to the premium computed at your final audit. The addition of this terrorism charge will result in your final audited premium. Form HS 98 55 01 06 Page 1 0of 1 c 2006 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART FARM LIABILITY COVERAGE This insurance does not apply to 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 person or property which arises out of or would not have occurred in whole or in part but for the lead hazard or b. Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As a result of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. 2. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form HC 21 37 03 93 1993 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Description and Location of Operations ANY CONSTRUCTION OR MAINTENANCE PROJECT WHEREVER LOCATED THAT IS INSURED UNDER A 1. WRAP UP RATING PLAN 2. OWNER CONTROLLED INSURANCE PROGRAM 0.C.I.P OR 3. CONTRACTOR CONTROLLED INSURANCE PROGRAM C.C.I.P. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 provides coverage identical to that provided by this Coverage Part 2 has limits adequate to cover all claims or 3 remains in effect. CG 2154 01 96 Copyright Insurance Services Office Inc. 1994 | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION RESIDENTIAL PREMISES EXCEPTION FOR ON GOING OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART SCHEDULE Locations Projects This exclusion does not apply to residential premises at locations or projects described in the schedule above. If no entry appears above this exclusion applies to all locations or projects. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to premises if those premises in whole or in any part are or were at any time marketed sold occupied or used as residential premises. Residential premises include but are not limited to 1. Condominiums cooperatives dwellings homes houses townhomes or townhouses timeshares and mixed use buildings and 2. Appurtenant common areas structures facilities and grounds associated with the residential premises. Residential premises also include any conversion of property to or from any of the residential premises described above. Residential premises do not include nursing homes assisted living facilities hospitals dormitories jails prisons military housing apartment buildings hotels or motels provided that any such premises in whole or in any part are or were not at any time marketed sold occupied or used as condominiums cooperatives dwellings homes houses townhomes or townhouses timeshares or mixed use buildings. For the purposes of this endorsement mixed use buildings means any structures and improvements thereto which contain both i residential living space and ii commercial or industrial space. This exclusion does not apply to bodily injury property damage or personal and advertising injury arising out of on going operations performed by you or on your behalf. This insurance is excess over any other valid and collectible insurance including any deductible portion thereof available to the insured whether primary excess contingent or on any other basis. Form HS 21331212 Page 1 of 1 2012 The Hartford | 2 |
ICY NUMBER 37 UEN QU2335 E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER 37 UEN QU2335 EXCLUSION AIRCRAFT PRODUCTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. This insurance does not apply to 1. Bodily injury or property damage included in the products completed operations hazard and arising out of the design manufacture sale handling or distribution of aircraft products or reliance upon any representation or warranty made with respect thereto or to any liability arising out of the grounding of any aircraft or Liability assumed by you under any contract or agreement if such liability arises out of aircraft products designed manufactured sold handled or distributed by you or by others trading under your name. B. The following definitions are added to Section V Definitions 1. 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. 3. Grounding means a. The withdrawal of one or more aircraft from flight operations or b. The imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof 1 Sold handled or distributed by the insured or 2 Manufactured assembled or processed by any other person or organization a According to specifications plans suggestions orders or drawings of the insured or b With tools machinery or other equipment furnished to such persons or organizations by the insured Whether such aircraft so withdrawn or restricted are owned or operated by the same or different person or organizations. Form HS 21 50 06 05 Page 1 of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS OPTION I This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Designated Projects Or Locations Of Covered Operations IALL ALL Information required to complete this Schedule if not shown above will be shown in the Declarations. A. With respect to those persons or organizations shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them Subparagraph f. Any Other Party under the Additional Insureds When Required By Written Contract Written Agreement Or Permit Paragraph of Section Il Who Is An Insured is replaced with the following f. Any Other Party Any other person or organization who is not an insured under Paragraphs a. through e. but only with respect to liability for bodily injury property damage or personal and advertising injury caused by 1 Your acts or omissions or the acts or omissions of those acting on your behalf a In the performance of your ongoing operations for such additional insured at the projects or locations designated in the Schedule b In connection with your premises owned by or rented to you and shown Form HS 24 8107 13 in the Schedule or c In connection with your work for the additional insured at the projects or locations designated in the Schedule and included within the products completed operations hazard but only if i The written contract or agreement requires you to provide such coverage to such additional insured at the projects or locations designated in the Schedule and This Coverage Part provides coverage for bodily injury or property damage included within the products completed operations hazard or 2 The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. i Page 1 of 2 2013 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The insurance afforded to the additional insured shown in the Schedule applies 1 Only if the bodily injury or property damage occurs or the personal and advertising injury offense is committed a During the policy period and b Subsequent to the execution of such written contract or written agreement and c Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. 2 Only to the extent permitted by law and 3 Will not be broader than that which you are required by the written contract or agreement to provide for such additional insured. With respect to the insurance afforded to the persons or organizations that are additional insureds under this endorsement 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 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 designs or specifications or 2 Supervisory inspection engineering activities. The limits of insurance that apply to the additional insured shown in the schedule are described in the Limits Of Insurance section. 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 except as otherwise amended below. B. With respect to insurance provided to the persons or organizations that are additional insureds under this endorsement the When You Add Others As An Additional Insured To This Insurance subparagraph under the Other Insurance Condition of Section IV Commercial General Liability Conditions is replaced with the following architectural or When You Add Others As An Additional Insured To This Insurance 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 Paragraph c below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. Primary And Non Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that i The additional insured in the Schedule is a Named Insured under such other insurance and i You have agreed in a written contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. c pnethod 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. All other terms and conditions in the policy remain unchanged. b Page 2 of 2 Form HS 24 8107 13 | 2 |
COMMERCIAL GENERAL LIABILITY CG 201007 04 Policy Number 37 UEN Qu2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Locations Of Covered Operations UTAH DOT AND STATE OF UTAH UTAH Locations Of Covered Operations UTAH 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 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insureds at the locations designated above. B. With respect to the insurance afforded to these additional insureds the following additional exclusions apply This insurance does not apply to bodily injury or property damage occurring after 1 Al work including materials parts or equipment furnished in connection with such work on the project other than service maintenance or repairs to be performed by or on behalf of the additional insureds at the location of the covered operations has been completed or 2 That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than an other contractor or subcontractor en gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 c ISO Properties Inc. 2004 Page 1 0of 1 | 2 |
ICY NUMBER 37 UEN QU2335 i THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT CONTRACTORS ENDORSEMENT POLICY NUMBER 37 UEN QU2335 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added to Conditions Section IV. Independent Contractors You shall obtain Certificates of Insurance from all independent Contractors or sub contractors providing evidence of General Liability insurance coverage with limits at least equal to that afforded by this policy. Such Certificates of Insurance shall also specify that you are named as an additional insured under their policy as respects to work for which you have engaged their services. Failure to comply with these conditions does not alter the coverage provided by this policy. However should you fail to comply independent contractors will be considered your employees and a premium charge will be made accordingly. The entire cost of all work sublet will be used as the premium basis for the work performed. Form HS 99 51 06 05 c 2005 The Hartford Page 1 0of 1 | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PREMIUMS AND PREMIUM AUDIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following is added to the Premiums Common Policy Condition The Minimum Retained Premium stated in the Declarations shall be considered as fully earned at the inception of the policy. In the event of cancellation by the first Named Insured we shall be entitled to retain any Minimum Retained Premium stated in the applicable Coverage Part Declarations. B. The following is added to the Premium Audit Condition If the Advance Premium set forth in the applicable Coverage Part Declarations is adjustable such Advance Premium is an estimated premium for the Audit Period set forth in the Declarations. At the end of such Audit Period we will compute any applicable Audit Premium. Then 1 Audit Premium which is greater than the paid Advance Premium is due and payable by the first Named Insured upon notice or 2 Paid Advance Premium which is greater than Audit Premium will be refunded to the first Named Insured subject to any Minimum Retained Audit Premium or Minimum Retained Premium set forth in the Declarations whichever of 1 or 2 applies. Form HS 25 31 06 05 Page 10of 1 c 2005 The Hartford | 2 |
POLICY NUMBER 37 UEN QU2335 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERICIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 4. the Other Insurance Condition Section IV Commercial General Liability Conditions is replaced by the following 4. Other Insurance This insurance is excess over any other insurance whether primary excess contingent or on any other basis except when purchased specifically to apply in excess of this insurance. If this insurance is excess we will have no duty under this Coverage Part 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. If 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 damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all that other insurance. Paragraph 2.e. of Section IV Commercial General Liability Conditions is replaced by the following Ad 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. ional Insureds Other Insurance Form HS 25 32 06 08 Page 1 of 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
QUICK REFERENCE COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured and Mailing Address Policy Period Description of Business and Location Coverages and Limits of Insurance Beginning on Page SECTION COVERAGES Coverage A Insuring Agreement Bodily Injury and Property Exclusions...... Damage Liability Coverage B Insuring Agreement Personal and Advertising Exclusions....... 6 Injury Liability Coverage C Insuring Agreement.7 Medical Payments Exclusions 8 Supplementary Payments Coverages A And B... 8 SECTION Il WHO IS AN INSURED... 9 SECTION Iil LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS. Bankruptcy Duties in The Event Of Occurrence Offense Claim or Suit Legal Action Against Us. Other Insurance Premium Audit. Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS COMMON POLICY CONDITIONS Cancellation Changes Examination of Your Books and Records Inspections and Surveys Premiums Transfer of Your Rights and Duties under this Policy ENDORSEMENTS These form numbers are shown on the Coverage Part Declarations Page or on the Common Policy Declarations Page. Form HC 70 01 06 05 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EXCLUSIONS AND DEFINITION PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusions i. j. t. and u. of Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability are replaced by the following Infringement Of Intellectual Property Rights 1 Personal and advertising injury arising out of any actual or alleged infringement or violation of any intellectual property right such as copyright patent trademark trade name trade secret service mark or other designation of origin or authenticity or Any injury or damage alleged in any clam or suit that also alleges an infringement or violation of any intellectual property right whether such allegation of infringement or violation is made by you or by any other party involved in the claim or suit regardless of whether this insurance would otherwise apply. However this exclusion does not apply if the only allegation in the claim or suit involving any intellectual property right is limited to 1 Infringement in your advertisement of a Copyright b Slogan or c Title of any literary or artistic 2 work or 2 Copying in your advertisement a person s or organization s advertising idea or style of advertisement. A 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 a. b. and c. of the definition 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. Discrimination Personal and advertising injury arising out of discrimination committed by or at your direction or the direction of any partner member manager executive officer director stockholder or trustee of the insured. Form HC 00 97 12 10 Page 1 of 2 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 a Whether the injury causing event described in the definiton of employment related practices occurs before employment during employment or after employment of that person 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. b c B. Paragraphs c. and h. of the definition of personal and advertising injury in the Definitions Section are replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 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 or organization occupies committed by or on behalf of its owner landlord or lessor h. Discrimination that results in humiliation or other injury to the feelings or reputation of a natural person. Page 2 of 2 Form HC 00 97 1210 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. It is agreed that Exclusion f. is replaced by the e To the extent that any such bodily injury following or property damage is included in the 1. 1Bodily injury or property damage arising products completed operations hazard. 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 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 any insured or 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 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. B. The last paragraph of Section Coverage A after the exclusions is replaced by the following Exclusions c. through e. and g. through n. do not apply to damage by fire lightning or explosion to premises 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. Form HC 212310 01 Page 1 0of 1 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 UEN QuU2335 Effective Date 06012014 Named Insured and Address 1yor1pR GLOBAL DESIGN CONSULTANTS LLC 4501 SOUTH 2700 WEST.. 20 Endt. No. 20 SALT LAKE CITY UT 84114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Subparagraph f. 1d of the Absolute Pollution Exclusion Form HC 21 23 is replaced by the following d Atorfrom 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. However this subparagraph does not apply to 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 i Escape from a vehicle part designed to hold store or receive them and i Are brought on or to the premise site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of 1 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 dispensed or release as part of the operations being performed by such insured contractor or subcontractor. 2 Operations directly or indirectly involved with or related to testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants or Page 10of 1 form HC 21 83 10 01 Page 10f 1 c 2001 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVI RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a 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 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b 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 2 America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to 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. 2 ERAGE PART C. Under any Liability or property d hazardous propert 1 The nuclear mz facility owned behalf of an discharged or di 2 The nuclear spent fuel possessed he stored transpor behalf of an ins The bodily inj arises out of the of services mat connection with maintenance nuclear facility located within tr its territories or exclusion 3 damage to suc property thereat 3. As used in this endorse Hazardous properties or explosive properties Nuclear material 1 special nuclear materi C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 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 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 3 applies only to property damage to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. 3 IL 00 21 09 08 ISO Properties Inc. 2007 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or 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 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. Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 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 Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Form HG 00 68 12 10 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART MANUFACTURERS ERRORS AND OMISSIONS LIABILITY COVERAGE PART EDUCATORS LEGAL LIABILITY COVERAGE FORM CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM This insurance does not apply to 1. Injury or damage arising out of or related to the presence of suspected presence of or exposure to a. Fungi including but not limited to mold mildew and yeast b. Bacteria c. Viruses or d. Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. 2. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1.a. b. c. or d. above from any source whatsoever. However this exclusion does not apply to bodily injury or property damage caused by the ingestion of food. Form HC 21 90 06 08 Page 10f 1 2008 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART A. This insurance does not apply to any type of injury composed of but not limited to the following damages judgments settlements loss costs or materials or components expenses arising out of 1. A rigid or semi rigid insulation board made of 1. The application construction design expanded polystyrene or other materials applied distribution fabrication installation by adhesive or mechanical fasteners directly to maintenance manufacturing service a building s exterior sheathing materials or to a inspection repair or replacement of any weather resistive barrier Exterior Insulation and Finish System or 2. A reinforced base coat and 2. Any flashing caulking or sealants used with or 3. Afinish coat providing surface texture and color. affecting the Exterior Insulation and Finish Such system may or may not have a component System. 4. designed to channel water intrusion to the outside of B. For the purposes of this endorsement Exterior the siding system. Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system composed of but not limited to the following materials or components 1. A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier 2. Areinforced base coat and 3. Afinish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form HC 21 93 12 03 Page 1 of 1 2003 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 UEN Qu2335 Effective Date 06012014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART CONDOMINIUM AND COOPERATIVE DIRECTORS AND OFFICERS LIABILITY COVERAGE FORM EDUCATORS LEGAL LIABILITY COVERAGE FORM EMPLOYERS LIABILITY AND STOP GAP COVERAGE FORM ERRORS AND OMISSIONS LIABILITY COVERAGE FORM MANUFACTURERS ERRORS AND OMISSIONS 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 SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION A. The following exclusion is added This insurance does not apply to Silica Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the silica hazard. B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or contact with or threat of exposure to inhalation of or contact with the actual or alleged properties of silica or any silica containing materials and includes the mere presence of silica or any silica containing materials in any form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. HG 21 02 02 04 c 2004 The Hartford Page 1 of 1 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. IL0017 11 98 Copyright Insurance C. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. Copyright Insurance Services Office Inc. 1998 Page 1 of 2 | 2 |
E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Our President and Secretary have signed this policy. Where required by law the Declarations page has also been countersigned by our duly authorized representative. mmmmmmmmmmmmmmm losz. oo Andr A. Napoli President Page 2 of 2 IL0017 11 98 | 2 |
POLICY NUMBER 37 UEN QU2335 LICY NUMBER 37 UEN QU2335 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT POLICY PERIOD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. ltis hereby agreed that policy period wherever it appears in the Coverage Part means the following Policy period means the period beginning with the inception date shown in the Common Policy Declarations and ending with the earlier of 1. The date of cancellation of this Coverage Part or 2. The expiration date shown in the Common Policy Declarations. B. The last paragraph of Section lll Limits of Insurance is deleted and replaced by the following The Limits of Insurance of this Coverage Part apply separately to each policy period starting with the beginning of the policy period. If the policy period is extended after issuance for an additional period such additional period will be deemed part of the policy period for purposes of determining the Limits of Insurance. C. If any deductible applies to this Coverage Part the deductible will apply in the same manner as the Limits of Insurance in paragraph B. above. Form HS 25 37 06 05 Page 10of 1 c 2005 The Hartford | 2 |
COMMERCIAL GENERAL LIABILITY CG 01861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. Any Condition titled Duties In the Event of An Electronic Data Incident Duties in the Event of Occurrence Offense Claim or Suit Duties in the Event of Occurrence Claim or Suit Duties in the Event of Injury Claim or Suit Duties in the Event of A Pollution Incident Claim or Suit Duties In the Event of A Claim Or Suit Or A Defect Or Product Withdrawal Insured s Duties in the Event of a Loss Duties in the Event of An Underground Storage Tank Incident requiring notice to us is amended to include Notice to our authorized representative is notice to us. B. The Legal Action Against Us Condition does not apply. CG 01861204 IS0 Properties Inc. 2003 Page 1 0of 1 | 2 |
IL 02 66 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH 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 MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART A. The following is added to the Cancellation Common Policy Condition provisions to the contrary 7. If this policy has been in effect for more than NONRENEWAL 60 days or if this is a renewal of a policy we 1. If we elect to not renew this policy we will B. The following is added and supersedes any IL 02 66 09 08 issued we may cancel this policy only for one or more of the following reasons a Nonpayment of premium b Material misrepresentation c Substantial change in the risk assumed mail by first class mail written notice of nonrenewal to the first Named Insured at the last mailing address known to us at least 30 days before the expiration or anniversary date of the policy. We need not mail this notice if unless we should reasonably have foreseen the change or contemplated the a. You have accepted replacement coverage risk when entering the contract or b. You have requested or agreed to d Substantial breaches of contractual duties nonrenewal or conditions or warranties. c. This policy is expressly designated as If we cancel for nonpayment of premium nonrenewable. notice of cancellation must state the reason for 3. If notice is mailed proof of mailing is sufficient cancellation. With respect to the Commercial Automobile Coverage Part the following applies in addition to the provisions of Paragraph 7. above We may cancel this policy if your driver s license or the driver s license of a person who customarily drives a covered auto is suspended or revoked. Notice of cancellation must be delivered or mailed by first class mail. S0 Properties Inc. 2007 proof of notice. Page 1 of 1 S0 Properties Inc. 2007 Page 1 of 1 | 2 |
THE g HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE g HARTFORD Named Insured FLUOR HDR GLOBAL DESIGN CONSULTANTS LLC Policy Number 37 uen QU2335 Effective Date 06012014 Expiration Date 06012015 Company Name HARTFORD FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS ARKANSAS DISTRICT OF COLUMBIA FLORIDA KENTUCKY LOUISIANA MAINE NEW JERSEY NEW MEXICO PENNSYLVANIA TENNESSEE VIRGINIA AND WEST VIRGINIA APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SUBJECTS THE PERSON TO CRIMINAL AND CIVIL PENALTIES. NOTE IN LOUISIANA MAINE TENNESSEE VIRGINA AND THE DISTRICT OF COLUMBIA PENALTIES MAY ALSO INCLUDE THE DENIAL OF INSURANCE BENEFITS. COLORADO APPLICANTS IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT FINES AND DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES. HAWAII APPLICANTS FOR YOUR PROTECTION HAWAII LAW REQUIRES YOU TO BE INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT IS A CRIME PUNISHABLE BY FINES OR IMPRISONMENT OR BOTH. MARYLAND ANY PERSON WHO KNOWINGLY AND WILLFULLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY AND WILLFULLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON. NEW YORK APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR SUCH VIOLATION. OHIO APPLICANTS ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. Form HS 99 48 06 08 Page 1 of 2 2008 The Hartford | 2 |
OKLAHOMA APPLICANTS WARNING ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE DEFRAUD OR DECEIVE ANY INSURER MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. OREGON APPLICANTS ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD OR SOLICIT ANOTHER TO DEFRAUD AN INSURER 1 BY SUBMITTING AN APPLICATION OR 2 FILING A CLAIM CONTAINING A FALSE STATEMENT AS TO ANY MATERIAL FACT MAY BE VIOLATING STATE LAW. Form HS 99 48 06 08 Page 2 of 2 | 2 |
THE V HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
CArainm Cactimityg AlG Foreign Casualty WorldSource 770 671 2269 Telephone L Michael. Finnaig.com September 28 2015 Drew Hannan Lockton Companies LLC 444 W 47 St. Ste. 900 Kansas City MO 64112 Re Americold Realty Trust 10 Glenlake Pkwy 800 Atlanta GA 30328 LOB Foreign Commercial General Liability Policy Number 800274867 Policy Period 10012015 to 10012016 Dear Drew Attached please find policy documents. We appreciate your business and look forward to serving your international insurance needs. Please call me with any questions or concerns. Regards Michael Finn Senior Underwriter Foreign Casualty Ed. 1209 | 2 |
POLICYHOLDER NOTICE POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling AIG at1 800 706 3102. 91222 0413 | 2 |
FOREIGN COMMERCIAL GENERAL LIABILITY INSURANCE OCCURRENCE BASED COVERAGE The Insurance Company of the State of Pennsylvania DECLARATIONS Executive Offices POLICY NUMBER 80 0274857 175 Water St. New York NY 10038 RENEWAL OF POLICY NO. WS20000970 ITEM 1. NAMED INSURED NAMED INSURED S ADDRESS including country Americold Realty Trust 10 Glenlake Pkwy 800 Individual Partnership Atlanta GA 30328 X Corporation Joint Venture BUSINESS DESCRIPTION OF THE NAMED INSURED Refrigerated Warehousing Other Dollar amounts are X US Doliars Canadian Dollars Locations of all Premises you Own Rent or Occupy Per Schedule on File with Company ITEM 2. POLICY PERIOD m d y From October 1 2015 To October 1 2016 1201 a.m. Standard Time at the address set forth above ITEM 3. LIMITS OF INSURANCE In consideration of receipt of the full premium and subject to all the terms conditions and exclusions of this policy we agree to provide the following limits Master Control Program Aggregate 4000000 General Aggregate Limit Other Than Prod Comp Operations 2000000 Products Completed Operations Aggregate Limit 2000000 Person Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Medical Expense Limit Per Person 60000 Damage To Premises Rented To You Limit 1000000 Employee Benefits Liability Limit of Liability Each Wrongful Act 1000000 Employee Benefits Liability Limit of Liability Annual Aggregate 1000000 ITEM 4. PREMIUM Premium Basis Rate Premium 2296736 Square Feet 0.0441 101340 Total Premium Payable at Inception 101340 Minimum Earned Premium 65871 In Case of Loss Notify Broker s Name Address Commission AIG Lockton Companies LLC 15 180 Maiden Lane 40 Floor 447 W. 47 St. Ste. 900 New York NY 10038 Kansas City MO 64112 el Secretary President Authorized Representative artnership oint Venture F THE NAMED INSURED S EtE. Than Prod Comp Operations s Aggregate Limit Injury Limit 15 or Page 1 of 1 77881 1209 | 2 |
FORMS SCHEDULE Policy No. 80 0274857 Policy Period From October 1 2015 To October 1 2016 Named Insureds AMERICOLD REALTY TRUST The forms set forth below are the forms issued at inception. Form Number with Edition Date 77881 1209 WS 2001 0711 91222 0413 78970 0610 78971 0510 78990 0510 79038 0206 79040 0510 79052 0511 79073 0510 79075 0510 79121 0610 79122 0510 80971 0510 80983 0510 80986 0510 80991 0510 83773 0510 84276 0510 W78689 0510 80967 0510 W2174 0312 Title DECLARATIONS OCCURRENCE FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICYHOLDER NOTICE ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT EMPLOYEE BENEFITS LIABILITY INSURANCE CLAIMS MADE FELLOW EMPLOYEE EXCLUSION DELETED INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE NEWLY ACQUIRED ENTITY COVERAGE EXTENDED TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION UNINTENTIONAL ERRORS AND OMISSIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN WE DO NOT RENEW AMENDED BROAD FORM NAMED INSURED ABSOLUTE LEAD EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT RADIOACTIVE MATTER EXCLUSION LOCAL POLICY TAX NOTICE OF CANCELLATION AMENDED FUNGUS EXCLUSION AMENDMENT OF DUTIES IF THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT CLAIM NOTICE ENDORSEMENT Title DECLARATIONS OCCURRENCE FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE POLICYHOLDER NOTICE ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT EMPLOYEE BENEFITS LIABILITY INSURANCE CLAIMS MADE FELLOW EMPLOYEE EXCLUSION DELETED INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE NEWLY ACQUIRED ENTITY COVERAGE EXTENDED TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION UNINTENTIONAL ERRORS AND OMISSIONS WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US WHEN WE DO NOT RENEW AMENDED BROAD FORM NAMED INSURED ABSOLUTE LEAD EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT RADIOACTIVE MATTER EXCLUSION LOCAL POLICY TAX NOTICE OF CANCELLATION AMENDED FUNGUS EXCLUSION AMENDMENT OF DUTIES IF THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT CLAIM NOTICE ENDORSEMENT Page 1 of 1 2271 0712 | 2 |
FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART OCCURRENCE FORM PLEASE READ THE ENTIRE FORM CAREFULLY 8 If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend and 4 If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. 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 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 3 Prior to the policy period no insured listed under Paragraph. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or Page 1 of 24 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 type 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 Ill Limits Of Insurance 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 WS2001 07 11 | 0 |
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 and 4 Any claim or suit is made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. 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. 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. 2. Exclusions This insurance does not apply to Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subseqguent 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. 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 Page 2 of 24 WS2001 07 11 | 1 |
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. 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 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 i 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 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 Page 3 of 24 WS2001 07 11 | 1 |
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 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 Ilubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 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. 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 Page 4 of 24 WS2001 07 11 | 1 |
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 50 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 jurisdiction 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. 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 pratice for or while being prepared for any prearranged racing speed demolition or stunting activity. War WS2001 07 11 Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 4 Property loaned to you 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 Page 5 of 24 | 1 |
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 Employment Related Practices 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 bedily injury to that person at whom any of the employment related practices describe 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. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Asbestos Property damage or bodily injury arising out of the manufacture of mining of use seven 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 8 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.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall WS2001 07 11 Page 6 of 24 | 1 |
of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of property damage or bodily injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. Terrorism Bodily injury or property damage arising directly or indirectly as a result of or in connection with terrorism including but not limited to any contemporaneous or ensuing bodily injury or property damage caused by fire looting or theft. 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. Silica Bodily injury or property damage or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of bodily injury or property damage arising out of the presenceingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. Nuclear Energy Liability Exclusion 1 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 a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or similar law or any law amendatory thereof or b 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 Under Coverage C Medical Payments to 3 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. Bodily injury or property damage resulting from hazardous properties of nuclear material if a The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b 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 Page 7 0f 24 WS2001 07 11 | 1 |
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 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material 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 exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or 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 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 WS2001 07 11 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. v. 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 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 2 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. with the exception of exclusion i. War. do not apply to damage by 1 fire 2 lightning 3 explosion 4 smoke or 5 water condition due to the discharge leakage or overflow of water or steam from plumbing heating refrigerating or air conditioning systems standpipes for fire hoses or industrial or domestic appliances or any substance from an automatic sprinkler system or the collapse or fall of tanks or the component parts or supports thereof which form a part of an automatic sprinkler system hereinafter water condition 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 Page 8 0f 24 | 1 |
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 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 3 If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend and 4 If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. 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 WS2001 07 11 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. Any claim or suit must be made or brought in the coverage territory or the United States of America its territories and possessions Puerto Rico or Canada. 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. 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 Page 9 of 24 | 1 |
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. board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Avicina o1 t af the nnattharized tiee of 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 websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 15.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 Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 0. Asbestos Personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos products asbestos fibers or asbestos dust. p. War WS2001 07 11 Page 10 of 24 | 1 |
Personal and advertising injury however not limited to any contemporaneous or caused arising directly or indirectly out ensuing personal and advertising injury of caused by fire looting or theft. 1 War including undeclared or civil s. Silica 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. q. Employment Related Practices 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 describe 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. r. Terrorism Personal and advertising injury arising directly or indirectly as a result of or in connection with terrorism including but WS2001 07 11 not limited to any contemporaneous or ensuing personal and advertising injury caused by fire looting or theft. s. Silica Personal and advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form or to any obligation of the insured to indemnify any party because of personal and advertising injury arising out of the presence ingestion inhalation or absorption of or exposure to silica products silica fibers silica dust or silica in any form. t. 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 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 2 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. with the exception of exclusion i. War. 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 Ili Limits Of Insurance. 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 Page 11 of 24 | 1 |
3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period f. To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard 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. 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. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. War 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. Terrorism Arising directly or indirectly as a result of or in connection with terrorism including but not limited to any contemporaneous or ensuing bodily injury caused by fire looting or theft. SUPPLEMENTARY PAYMENTS COVERAGES A AND B IN ADDITION TO THE LIMITS OF INSURANCE 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. 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. Page 12 of 24 WS2001 07 11 | 1 |
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 defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will 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 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 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. Page 13 of 24 WS2001 07 11 | 1 |
SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as 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 liahility ramaany ar velly manamare if 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 1Ha 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 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. Page 14 of 24 SECTION Il WHO IS AN INSURED 1 2. 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. f. Any person or organization to whom you become obligated to include as an additional insured under this policy as a result of any contract or agreement you enter into excluding contracts or agreements for professional services which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to liability arising out of your operations or premises owned by or rented to you. However the insurance provided will not exceed the lesser of 1 The coverage andor limits of this policy or 2 The coverage andor limits required by said contract or agreement. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct WS2001 07 11 | 1 |
b. Any person other than your employee 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 90 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. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured 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 person or organization. A person s or organization s status as an insured terminates automatically when the contract or agreement with you for such leased equipment terminates provided however W82001 07 11 that this insurance does not apply to bodily injury property damage or personal and advertising injury arising out of any occurrence which takes place after the equipment lease expires. Any person or organization from whom you lease premises where you are required to add a manager or lessor as an additional insured as a condition of a contract or lease agreement but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you provided however that this insurance does not apply to bodily injury property damage or personal and advertising injury arising out of a any occurrence which takes place after you cease to be a tenant in that premises or b structural alterations new construction or demolition operations performed by or on behalf of such person or organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. As described in Section VI Master Controlled Program the Master Control Program Aggregate is the most we will pay for the sum of damages paid under this policy and all local underlying policies. Subject to 2. above the General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 15 of 24 | 1 |
4. Subject to 2. above the Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 5. Subject to 2. and 3. 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. 6. Subject to 3. or 4. above whichever applies and subject to 2. above 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. 7. Subject to 2. and 6. 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 premises while rented to you or temporarily occupied by you with permission of the ownerarising out of any one fire lightning explosion smoke or water condition. 8. Subject to 2. and 6. 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. 9. All payments made under any local underlying policy will reduce the Limits of Insurance of this policy. 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. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. 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. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. Page 16 of 24 WS2001 07 11 | 1 |
d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us 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 b. below applies b. Excess Insurance This insurance is excess over 1 Your self insurance plan that that covers a loss on the same basis or 2 Any nonprogram policies. 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 WS2001 07 11 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 the 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. Difference in Conditions This policy provides coverage throughout the coverage territory regardless of whether a local underlying policy or nonprogram policy has either i been issued in a given jurisdiction but does not respond to a particular claim or i not been issued in a given jurisdiction provided however that the coverage afforded under this policy shall be in accordance with all terms and conditions herein. Maintenance of Underlying Insurance For as long as this policy is in effect all nonprogram policies must Continuously provide no less coverage than in effect at inception of this policy and Page 17 of 24 | 1 |
Afford no lower Limits of Insurance than 9. Transfer Of Rights Of Recovery Against in effect at inception of this policy Others To Us except for reduction or exhaustion of primary limits solely due to payment of losses. If the insured has rights to recover all or part of anypayment we have made under this b. Afford no lower Limits of Insurance than in effect at inception of this policy except for reduction or exhaustion of primary limits solely due to payment of fosses. This policy shall apply as though such policies had been maintained in force at the terms and conditions at inception of this policy even if such policies were never obtained were cancelled terminated or have expired. 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. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 10. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of anypayment 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.. 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. If this policy is cancelled by the first Named Insured all local underlying policies shall be automatically cancelled concurrently with the cancellation of this policy. b. 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 non payment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund will also be pro rata subject to any minimum earned premium. The cancellation will be effective even if we have not made or offered a refund. Page 18 of 24 WS2001 07 11 | 1 |
f. If notice is mailed proof of mailing will be sufficient proof of notice. 12. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. 13. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. 14 Inspections and Surveys a. We have the right to 1 make inspections and surveys at any time 2 give you reports on the conditions we find and 3 recommend changes. b. We are not obligated to make any inspections surveys reports. or recommendations and such actions we do make relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions 1 are safe or healthful or 2 comply with laws regulations codes or standards. c. Paragraphs a. and b. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. d. Paragraph b of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. 15. Premiums The first Named Insured shown in the Declarations a. is responsible for the payment of all premiums and b. will be the payee for any return premiums we pay. 16. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your right and duties but only with respect to that property. 17. Collectibility Bankruptcy or insolvency of an insurer that issued a local underlying policy will not relieve us of our obligations under this Coverage Part. 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 website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means Page 19 of 24 WS2001 07 11 | 1 |
a. A land motor vehicle trailer or semitrailer 8. Impaired property means tangible property Adecinned for travel an mithlic reaade Athor tham vettr mradinet ar vorr work that 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 jurisdiction where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death resulting from any of these or the following when accompanied by physical injury sickness or disease mental anguish shock or emotional distress. Any such mental anguish shock or emotional distress shall be deemed to have occurred at the time of the related physical injury sickness or disease. Coverage territory means anywhere in the world including international waters or airspace but excluding the United States of America including its territories and possessions Puerto Rico and Canada. Notwithstanding any definition of coverage territory or anything else to the contrary no matter where located the Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. 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 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 You re fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by firelightning explosion smoke or water condition 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 60 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 or 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 Page 20 of 24 WS2001 07 11 | 1 |
of construction or demolition direction and coordinated specifically for this operations within 50 feet of any policy. raiiroad property and affscting any 13.Mobile equipment means any of the railroad bridge or trestle tracks mad following types of land vehicles including beds tunnel underpass or crossing P T 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 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 a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Local underlying policy means a primary policy in effect on or after the inception of this policy which has been arranged at our WS2001 07 11 direction and coordinated specifically for this policy.. 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 a b 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 and f. Vehicles not described in a b or d above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck Page 21 0f 24 | 1 |
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 jurisdiction 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.. Nonprogram policy means any policy in effect before on or after inception of this policy which has not been arranged at our direction or coordinated specifically for this policy.. 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. 17. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Page 22 of 24 WS2001 07 11 | 1 |
Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 19. 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. 20. 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 23 24. with any organization government power authority or military force when the effect is to intimidate or coerce a government the civilian population or any segment thereof or to disrupt any segment of the economy. Terrorism shall also include an act which is verified or recognized by the United States Government as an act of terrorism. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 19. 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. 20 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 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. 21.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. 22 Terrorism means the use or threatened use of force or violence against persons or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection 23 24. 25. with any organization government power authority or military force when the effect is to intimidate or coerce a government the civilian population or any segment thereof or to disrupt any segment of the economy. Terrorism shall also include an act which is verified or recognized by the United States Government as an act of terrorism. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and Page 23 of 24 WS2001 07 11 | 1 |
2 Materials parts or equipment directed by us as a payment obligation furnished in connection with such directly due from you as a primary work or operations. obligor within ten 10 days from our b. Includes written demand. 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. SECTION VI MASTER CONTROLLED PROGRAM 1. You and we have agreed that in order to effectuate insurance coverage for claims or suits arising in the coverage territory certain insurance companies may cause to be issued local underlying policies. You and we intend for this policy and each local underlying policy to operate independently each subject to its own terms conditions and exclusions. However you and we also intend that the ultimate amount that could possibly be paid or payable under this policy and all local underlying policies will not exceed the Master Control Program Aggregate. Accordingly you and we agree as follows a. If any amounts paid to or on behalf of any of the insureds under this policy or any local underlying policy cause the aggregate amount paid on this policy and all local underlying policies combined to exceed the Master Control Program Aggregate for a single policy period then for all such amounts in excess of the Master Control Program Aggregate Reimbursement Amounts you shall irrevocably and unconditionally indemnify us from and shall pay to us or as directed by us as a payment obligation directly due from you as a primary obligor within ten 10 days from our written demand. All amounts due from you under this policy shall be paid in full without dispute set off defense cross claim or counterclaim and free and clear of any tax duty or other type of deductions or withholdings. If you are required by law to make any deduction or withholding then the amount due from you shall be increased accordingly. Any unresolved dispute arising out of the interpretation of this Section VI Master Controlled Program must be submitted to arbitration. The arbitration must be governed by the United States Arbitration At title 9 U.S.C. Section 1 et seq. Any application concerning the appointment of an arbitrator must be made to a Justice of the Supreme Court of the State of New York County of New York. The arbitrators may award compensatory money damages and interest thereupon. They will have exclusive jurisdiction over the entire matter in dispute including any question as to whether it may be arbitrated. However they will not have the power to award exemplary damages or punitive damages however denominated whether or not multiplied whether imposed by law or otherwise. This Section VI Master Controlled Program will apply whether the unresolved dispute arising out of the interpretation of this Section VI Master Controlled Program arises before or after cancellation or expiration of this policy. Page 24 of 24 WS2001 07 11 | 1 |
ENDORSEMENT NO. 01 ENDORSEMENT NO. 01 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Who is an Insured Section II is amended to add any persons or Organizations you are obligated to include as an additional insured under this policy as a result of any contract or agreement but only with respect to liability arising out of your operations or premises owned by or rented to you. The insurance provided will not exceed the lesser of 1. The coverage andor limits of this policy or 2. The coverage andor limits required by said contract or agreement. All other terms conditions and exclusions shall remain the same. W TAUTHORIZED REPRESENTATIVE Page 1 of 1 78970 0510 | 2 |
ENDORSEMENT NO. 02 This endorsement effective 1201 A.M. October 1 2015 ENDORSEMENT NO. 02 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS EXCLUSION AND GROUNDING ENDORSEMENT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION. COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is amended to add the following exclusion Aircraft Products and Grounding Bodily injury or property damage arising out of aircraft products completed operations hazard or reliance upon any representations or warranties made with respect to aircraft products completed operations hazard nor to any bedily injury or property damage arising out of the grounding of any aircraft. SECTION V DEFINITIONS 18. PRODUCTS COMPLETED OPERATIONS HAZARD is amended to add the following paragraph Aircraft 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 including services and labor performed by you or on your behalf in connection with aircraft including missiles space craft as well as the ground support or control equipment used therewith and any goods or products manufactured sold handled or distributed by you or your predecessor companies as well as any services provided or recommended by you or your predecessor companies for use in the manufacture repair operation maintenance or use of any aircraft. Also included are any articles furnished by you and installed in aircraft or used in connection with aircraft or for spare parts for aircraft including ground handling tools and equipment as well as training aids instruction manuals blueprints engineering or other data engineering or other advice and labor relating to such aircraft or articles except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. SECTION V. DEFINITIONS is amended with the addition of the following definitions Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by you or manufactured assembled or processed by any other person or organization according to your specifications plans suggestions orders or drawings or with tools machinery or other equipment furnished to such persons or organizations by you whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. A grounding will be deemed to commence on the date of an occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. 78971 0510 Page 1 of 2 Page 1 of 2 | 2 |
ENDORSEMENT NO. 02 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania Aircraft means a vehicle designed to be used primarily in the air and to be supported by the dynamic reaction of the air upon the vehicle s wings or rotorblades andor by the vehicle s buoyancy in the air. The term aircraft however excludes missiles spacecraft and the ground support or control equipment used therewith. All other terms conditions and exclusions shall remain the same. 3 part o1 rolicy No. i to G oril AUTHORIZED REPRESENTATIVE Page 2 of 2 78971 0510 | 2 |
ENDORSEMENT NO. 03 ENDORSENIENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EVMPLOYEE BENEFITS LIABILITY INSURANCE PROVIDES CLAIMS MADE COVERAGE ADDITIONAL DECLARATIONS This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART COVERAGE Employee Benefits Liability Insurance LIMIT OF LIABILITY 1000000 Each Wrongful Act or series of related Wrongful acts. 1000000 Each Annual Aggregate DEDUCTIBLE 1000 Each Wrongful Act or series of related Wrongful Acts No. of Employees On File with Company Estimated Annual Premium INCLUDED INSURING AGREEMENTS EMPLOYEE BENEFITS LIABILITY We will pay the Insured for those sums which the Insured shall become legally obligated to pay as damages because of any claim made against the Insured due to any Wrongful Act of the Insured or any other person for whose acts the Insured is legally liable in the Administration of the Insured s Employee Benefits Programs as defined in the Definitions section of this policy. This insurance applies only if a claim for damages covered by this endorsement is first made against the Insured during the policy period. We have the right and duty to defend any suit against the Insured seeking damages on account of such negligent act error or omission even if any of the allegations of the suit are groundless false or fraudulent and we may make such investigation and settlement of any claim or suit as we deem expedient. DEFINITIONS DEFINITION OF Insured With respect to the insurance afforded by this endorsement the unqualified word Insured includes the Named Insured provided that a if the Named Insured is designated as an individual the insurance applies only to the conduct of a business of which he is the sole proprietor and b the unqualified word Insured also includes the following A. If the Named Insured is or includes a partnership or joint venture any partner or member thereof by only with respect to his liability as such 78980 0510 Page 1 of 4 | 2 |
ENDORSEMENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania B. Any executive officer director or stockholder of the Named Insured while acting within the scope of his duties as such C. Any employee provided such employee is authorized to act in the Administration of the Named Insured s Employee Benefits Program. ENDORSEMENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania B. Any executive officer director or stockholder of the Named Insured while acting within the scope of his duties as such C. Any employee provided such employee is authorized to act in the Administration of the Named Insured s Employee Benefits Program. DEFINITION OF Employee Benefits Programs The terms Employee Benefits Programs means a group life insurance group accident or health insurance profit sharing plans pension plans employee stock subscription plans workmen s compensation unemployment insurance social benefits disability benefits and b any other similar employee benefits instituted after the effective date of this endorsement provided we are notified within thirty 30 days after the institution of such benefits. DEFINITION OF Administration The unqualified word Administration wherever used shall mean A. Giving counsel to employees with respect to the Employee Benefits Programs B. Interpreting the Employee Benefits Programs C. Handling of records in connection with the Employee Benefits Programs D. Effective enrollment termination or cancellation of employees under the Employee Benefits Programs provided alf are acts which are authorized by the Named Insured. DEFINITION OF Wrongful Act Wrongful Act means any actual or alleged negligent act error or omission in the Administration of the Employee Benefits Plan EXCLUSIONS This endorsement does not apply to 1. Any dishonest fraudulent criminal or malicious act libel slander discrimination or humiliation 2. Bodily injury to or sickness disease or death of any person or to injury to or destruction of any tangible property including the loss of use thereof 3. Any claim for failure of performance of contract by an insurer 4. Any claim based upon the Insured s failure to comply with any law concerning workmen s compensation unemployment insurance social security or disability benefits 5. Any claim based upon 78990 0510 Page 2 of 4 Page 2 of 4 | 2 |
ENDORSEMENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania A. failure of any investments including but not limited to stock to perform as represented by any Insured B. advice given by an Insured to an employee to participate in any investment plan including but not limited to stock subscription plans. 6. All sums which the Insured shall become legally obligated to pay as loss because of any Breach of Fiduciary Duty as defined below or because of any Breach of Fiduciary Duty by any person for which the Insured is legally responsible and arising out of the Insured s activity as a fiduciary of any Plan covered by this endorsement. The term Breach of Fiduciary Duty shall mean the violation of any of the responsibilities obligations of duties imposed upon fiduciaries by the EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 or amendments thereto with respect to any Plan covered by this endorsement 7. Any claim made against the Insured based on or attributable to any failure or omission on the part of the Insured to effect and maintain insurance or bonding for Plan Property or Assets. CONDITIONS LIMITS OF LIABILITY Regardless of the number of a Insureds under this policy b persons who sustain damage or c claims made or suits brought for such damages the limit of liability stated in the ADDITIONAL DECLARATIONS of this endorsement as applicable to each Wrongful Act or series of related Wrongful Acts is the limit of our liability for all claims made on account of any Wrongful Acts or series of related acts by this policy for the period of liability stated in the ADDITIONAL DECLARATIONS as Each Annual Aggregate is subject to the above provision the total limit of our liability for all claims covered during the period this endorsement is in ENDORSEMENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania A. failure of any investments including but not limited to stock to perform as represented by any Insured B. advice given by an Insured to an employee to participate in any investment plan including but not limited to stock subscription plans. 6. All sums which the Insured shall become legally obligated to pay as loss because of any Breach of Fiduciary Duty as defined below or because of any Breach of Fiduciary Duty by any person for which the Insured is legally responsible and arising out of the Insured s activity as a fiduciary of any Plan covered by this endorsement. The term Breach of Fiduciary Duty shall mean the violation of any of the responsibilities obligations of duties imposed upon fiduciaries by the EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 or amendments thereto with respect to any Plan covered by this endorsement 7. Any claim made against the Insured based on or attributable to any failure or omission on the part of the Insured to effect and maintain insurance or bonding for Plan Property or Assets. CONDITIONS LIMITS OF LIABILITY Regardless of the number of a Insureds under this policy b persons who sustain damage or c claims made or suits brought for such damages the limit of liability stated in the ADDITIONAL DECLARATIONS of this endorsement as applicable to each Wrongful Act or series of related Wrongful Acts is the limit of our liability for all claims made on account of any Wrongful Acts or series of related acts by this policy for the period of liability stated in the ADDITIONAL DECLARATIONS as Each Annual Aggregate is subject to the above provision the total limit of our liability for all claims covered during the period this endorsement is in force. PREMIUM The premium stated in the ADDITIONAL DECLARATIONS is an estimated premium only. Upon termination of each annual period of this endorsement the Insured on request will furnish us a statement of the total number of employees at the end of the period. The earned premium shall be computed on the average of the number of employees at the end of the coverage period and that stated in the ADDITIONAL DECLARATIONS. If the earned premium thus computed exceeds the estimated premium paid the Insured shall pay the excess to us if less we shall return to the Insured the unearned portion paid by such Insured. DEDUCTIBLE The deductible amount indicated in the ADDITIONAL DECLARATIONS shall be subtracted from the total amount of all sums which we are obligated to pay or incur on behalf of the Insured on account of each occurrence as stated in the ADDITIONAL DECLARATIONS. The terms of this endorsement including those with respect to notice of claim or suit and our right to investigate and negotiate any such claim or suit apply irrespective of the application of the deductible amount. OPTIONAL EXTENDED REPORTING ENDORSEMENT 78990 0510 Page 3 of 4 Page 3 of 4 | 2 |
ENDORSEMENT NO. 03 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania The coverage under the Employee Benefits Liability Endorsement may end because one of us chooses to cancel it or not renew it. If this is not the result of non payment of the premium you have the right to buy a reporting endorsement. It extends the time to report covered claims. The claim must first be made against an Insured and reported to us within 3 years after the Employee Benefits Liability Endorsement ends and while the reporting endorsement is in affect. To obtain this reporting endorsement you must request it in writing and pay the additional premium within 30 days after this agreement ends. If we do nt receive written notice and payment within this period you may not exercise this right at a later date. We ll sell you this endorsement for the additional premium. This additional premium will not exceed 200 of the annual premium for the Employee Benefits Liability Endorsement. Once you pay the premium we cant cancel the endorsement. We will determine the additional premium taking into account the following A. The exposures insured B. Previous types and amounts of insurance C. Limits of Liability available under the Employee Benefit Liability Insurance for future payment of damages and D. Other related factors. The optional Extended Reporting Endorsement does not reinstate or increase the Limits of Liability applicable to any claim to which The Employee Benefits Liability Endorsement applies. CONFORMITY WITH STATUTE Terms of this endorsement which are in conflict with the statute of the state wherein this endorsement is issued are hereby amended to conform to such statutes. OTHER TERMS OF POLICY All other conditions terms and exclusions contained in the policy remain unchanged. P 2 AUTHORIZED REPRESENTATIVE part ot rolicy No. i to Page 4 of 4 78990 0510 | 2 |
ENDORSEMENT NO. 04 ENDORSEMENT NO. 04 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE EXCLUSION DELETED This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED 2. a. 1 a is amended to read a To you to your partners or members if you are a partnership or joint venture. All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE Page 1 of 1 79038 0206 | 2 |
ENDORSEMENT NO. 05 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL MEDICAL MALPRACTICE LIABILITY COVERAGE This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Section V DEFINITIONS is amended to add Incidental Medical Malpractice Injury means Bodily Injury arising out of the rendering of or failure to render the following services a. medical surgical dental x ray or nursing service or treatment or the furnishing of food or beverages in connection therewith or b. the furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. Section Il WHO IS AN INSURED 2. a. 1 d is deleted in its entirety and replaced with the following d Arising out of his or her providing or failing to provide professional health care services except for bodily injury arising out of Incidental Medical Malpractice Injury by any physician dentist nurse or other medical practitioner employed or retained by you. However the insurance provided hereunder to such persons will not apply to liability arising out of services performed outside of the scope of their duties as your employees. Any series of continuous repeated or related acts will be treated as the occurrence of a single negligent professional healthcare service. The Coverage provided by this endorsement does not apply to you or any insured if you are engaged in the business or occupation of providing any of the services described in the definition of Incidental Medical Malpractice Injury. All other terms conditions and exclusions shall remain the same. e. G el AUTHORIZED REPRESENTATIVE 79040 0510 Page 1 of 1 | 2 |
ENDORSEMENT NO. 06 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED ENTITY COVERAGE EXTENDED This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION Il WHO IS AN INSURED 3. is amended to read 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 or exercise management or financial control 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. All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE 79052 0511 Page 1 | 2 |
ENDORSEMENT NO. 07 ENDORSEMENT NO. 07 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or b At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify 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 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. All other terms conditions and exclusions shall remain the same. Cail AUTHORIZED REPRESENTATIVE 79073 0510 Page 1 of 1 | 2 |
ENDORSEMENT NO. 08 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS ENDORSEMENT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV Commercial General Liability Conditions 7. Representations is amended by adding d. The unintentional failure by you or any Insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this policy. All other terms conditions and exclusions shall remain the same. gz AUTHORIZED REPRESENTATIVE Page 1 of 1 79075 0510 | 2 |
ENDORSEMENT NO. 09 This endorsement effective 1201 A.M. October 1 2016 Forms a part of Policy No. 80 0274857 ENDORSEMENT NO. 09 This endorsement effective 1201 A.M. October 1 2016 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization As required by Written Contract If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition Section IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above ame of Person or Organization As required by Written Contract All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE Page 1 of 1 79121 0510 | 2 |
ENDORSEMENT NO. 10 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WHEN WE DO NOT RENEW AMENDED This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV Commercial General Liability Conditions 10. When We Do Not Renew is amended to read 9. 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 non renewal not less than 90 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms conditions and exclusions shall remain the same. G AUTHORIZED REPRESENTATIVE Page 1 of 1 79122 0510 | 2 |
ENDORSEMENT NO. 11 L L or o e e A BRE freembas 4 AMNAE ENDORSEMENT NO. 11 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE FORM FOREIGN COMMERCIAL AUTOMOBILE COVERAGE FORM Policy Declarations Named Insured is revised to include Named Insured means the person or organization first named as the Named Insured on the Declarations Page of this policy the first named insured. Named Insured also includes 1 any other person or organization named as a Named Insured on the Declarations Page and 2 any subsidiary associated affiliated allied or acquired company or corporation including subsidiaries thereof partnership Joint Venture or Limited Liability Company of which any insured named as the Named Insured on the Declarations Page has more than 50 ownership interest in exercises management or financial control over or is required to provide insurance for. All other terms conditions and exclusions shall remain the same. z AUTHORIZED REPRESENTATIVE Page 1 of 1 80971 0510 | 2 |
ENDORSEMENT NO. 12 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust ENDORSEMENT NO. 12 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to any bodily injury property damage personal and advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. All other terms conditions and exclusions shall remain the same. 7 g AUTHORIZED REPRESENTATIVE Page 1 of 1 80983 0510 | 2 |
ENDORSEMENT NO. 13 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust ENDORSEMENT NO. 13 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a 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 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b 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. B. Under any Medical Payments coverage to 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. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 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 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions.or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. 2. As used in this endorsement hazardous properties includes radioactive toxic or explosive properties. nuclear material means source material special nuclear material or by product material. Page 1 of 2 80986 0510 | 2 |
ENDORSEMENT NO. 13 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust ENDORSEMENT NO. 13 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT CONTINUED 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 exposed to radiation in a nuclear reactor. waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or 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 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. All other terms conditions and exclusions shall remain the same. 2 W AUTHORIZED REPRESENTATIVE Page 2 of 2 80986 0510 | 2 |
ENDORSEMENT NO. 14 ENDORSEMENT NO. 14 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION part of Folicy No.. 1 to This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Section I. Coverages Coverage A. Bodily Injury and Property Damage Liability 2. Exclusions is amended to add Any liability for bodily injury or property damage arising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. Section 1. Coverages Coverage B. Personal and Advertising Liability 2. Exclusions is amended to add Avrising out of the actual alleged or threatened exposure of persons or property to any radioactive matter or any form of radiation. All other terms conditions and exclusions shall remain the same. AUTHORIZED REPRESENTATIVE Page 1 of 1 80991 0510 | 2 |
ENDORSEMENT NO. 15 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOCAL POLICY TAX This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART The first Named Insured shown on the Declarations Page of this policy shall pay all local premium taxes policy stamp taxes and policy fees due in connection with each local underlying policy we or any of our affiliates issue whose premium is included in the Premium shown on the Declarations Page of this policy. All other terms conditions and exclusions shall remain the same. Gl AUTHORIZED REPRESENTATIVE Page 1 of 1 83773 05610 | 2 |
ENDORSEMENT NO. 16 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust ENDORSEMENT NO. 16 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION AMENDED This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART In SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS subparagraph b. of the Cancellation provision is deleted and replaced by the following b. 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 non payment of premium or 2 According to the election indicated by an X below 60 days X 90 days 120 days days before the effective date of cancellation if we cancel for any other reason. If no election is indicated or if more than one election is indicated then 60 days shall apply. All other terms conditions and exclusions shall remain the same. G nall AUTHORIZED REPRESENTATIVE Page 1 of 1 84276 0510 | 2 |
ENDORSEMENT NO. 17 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust ENDORSEMENT NO. 17 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGUS EXCLUSION This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage personal and advertising injury or any other loss cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by o Any fungusli moldss mildew or yeast or b. Any spores or toxins created or produced by or emanating from such fungusi moldss mildew or yeast or c. Any substance vapor gas or other emission or organic or inorganic body or substance produced by or arising out of any fungusli moldss mildew or yeast or d. Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi moldss mildew yeast or spores or toxins emanating therefrom regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that spores property damage personal and advertising injury loss cost or expense. For the purposes of this exclusion the following definitions are added to the policy Fungusi includes but is not limited to any of the plants or organisms belonging to the major group fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any fungusli molds mildew plants organisms or microorganisms. All other terms conditions and exclusions shall remain the same. Z AUTHORIZED REPRESENTATIVE Page 1 of 1 78689WS 0510 | 2 |
ENDORSEMENT NO. 18 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEVMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART Section IV Commercial General Liability Conditions 2. Dutles in the Event of Occurrence Offense Claim or Suit a. is hereby deleted and replaced with the following a. You must see to it that we are notified as soon as practicable of any occurrence or an offense which may result in a claim. Knowledge of an occurrence or an offense by your agent your servant or your employee will not in itself constitute knowledge to you unless the Director of Risk Management or one with similar or equivalent title or his her designee at the address shown in the policy declarations will have received such notice. 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. All other terms conditions and exclusions shall remain the same. 7 AUTHORIZED REPRESENTATIVE Page 1 of 1 80967 0510 | 2 |
ENDORSEMENT NO. 19 ENDORSEMENT NO. 19 This endorsement effective 1201 A.M. October 1 2015 Forms a part of Policy No. 80 0274857 Issued to Americold Realty Trust By The Insurance Company of the State of Pennsylvania THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIM NOTICE ENDORSEMENT This endorsement modifies insurance provided under the following FOREIGN COMMERCIAL GENERAL LIABILITY COVERAGE PART You must notify us as described in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS per PARAGRAPH 2 Duties In The Event Of Occurrence Offense Claim Or Suit. Notice can be sent By Email to worldsourcenyclaimsreportingaig.com with specifics including nature of the injury policy number date of the accident Named Insured on the policy your contact information. By completing a Loss Notification form on the internet found at the following web page com worldsouic 0357 il NOTE at the end of the on line form select the United States New York as the locale to submit the form. By Facsimile with specifics to 212 881 9002 G uil AUTHORIZED REPRESENTATIVE All other terms conditions and exclusions shall remain the same. 1of1 WS2174 0312 | 2 |
Liberty Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION RAILROAD GENERAL LIABILITY POLICY In Witness Whereof we have caused this policy to be signed by its President and Secretary. L 0 7 P OrLQ PRESIDENT VICE PRESIDENT and SECRETARY Christopher L. Peirce Mark C. Touhey LSIPOLIKT Ed. 2012 Liberty Surplus Insurance Corporation Liberty Surplus Insurance Corporation LSIPOLIKT Ed. 2012 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company t Bostor e number 1 800 The Insurer is a surplus lines insurer is not licensed by the State and is subject to limited regulation. In the event of insolvency of the Insurer the insurance is not covered by the State s guaranty fund. This policy may be subject to surplus lines taxes stamping fees surcharges and certain surplus lines reporting requirements mandated by state regulations. The Surplus Lines Broker is responsible for the disclosure of all related taxes surcharges and fees. The Surplus Lines Broker is also responsible for the applicable surplus lines reporting requirements including but not limited to the submission of diligent search forms. Policy Number Broker Name and Address Renewal of 1st Yr. Liab. Pol. GLHV452159 3 R T Specialty LLC GLHV452159 2 2014 1100 Walnut Street Suite 3200 Kansas City MO 64106 Item 1. Named Insured Freedom Railcar Solutions LLC See Named Insured Schedule Address 250 South Castle Rock Lane Mustang OK 73064 First Named Insured Freedom Railcar Solutions LLC The Named Insured is O Individual O Partnership ELLC O Anorganization other than a nan nan nan nan 200.0 O Anorganization other than a Partnership Joint Venture or LLC Business of the Insured is Railroad Repair Item 2. Policy Period From 6202016 to 6202017 1201 AM standard time at the address of the Named Insured as stated herein 2 GL 1001 0701 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 BODILY INJURY AND PROPERTY DAMAGE LIABILITY Each Occurrence 2000000 DAMAGES TO PREMISES RENTED TO YOU LIMIT Each Occurrence 50000 PERSONAL INJURY AND ADVERTISING INJURY h Oceurrence 2000000 MEDICAL PAYMENTS 000 POLICY AGGREGATE 10000000 Item 4. DEDUCTIBLE AMOUNT The Deductible Amount is 5000 Per Occurrence including Loss Adjustment Expense Item 5. PREMIUM Classifications or Premium Basis Rate Per 1000 of Revenue Certified TRIA Policy Premium Locations Revenues Premium Railroad Repair 2300000 1094 1258 26414 MINIMUM PREMIUM 25156 DEPOSIT PREMIUM 25156 This policy is issued by a surplus lines insurer. In the event of insolvency of the insurer this insurance is not Coveted by the Guaranty Fund or Guarantee Association. In consideration of the payment of premium and in reliance upon statements made in the application this policy including all endorsements issucd herewith shall constitute the contract between Company and the Named Insured. This policy is valid only if signed below by a duly authorized representative of the company. This policy including all endorsements issued herewith is hereby countersigned by ADVERTISING INJURY Each Occurrence Mt 7 VICE PRESIDENT and SECRETARY Mark C. Touhey A L Pa PRESIDENT Christopher L. Peirce Date 2 GL 1001 0701 | 2 |
Railroad General Liability Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company Policy Number GLHV452159 3 Named Insured Freedom Railcar Solutions LLC DECLARATION EXTENSION SCHEDULE Schedule of forms and endorsements attached at issuance date Number GL 5000 Name Commercial General Liability Occurrence Common Policy Conditions Premium Computation Additional Insured By Written Contract Amendment Duties in the Event of an Occurrence Claim or Suit Amendment War Liability Exclusion Cancellation Notice of Cancellation to Third Partics Contractual Liability Railroads Deductible Exclusion Asbestos Exclusion Employment Related Practices Exclusion Intellectual Property Rights Exclusion Joint Ventures Exclusion Known Injury or Loss Exclusion Lead Liability Exclusion Mold Mildew or Fungus Exclusion Nuclear Energy Liability Exclusion Silicosis Exclusion Total Pollution Designated Construction Projects General Aggregate Limit Subject to a Policy Aggregare Limit Knowledge and Notice of Occurrence Claim or Suit Named Insured Special Conditions for Subcontractors Endorsement Stop Gap Employers Liability Coverage Waiver of Transfer of Rights Unintentional Errors and Omissions Exclusion Cross Suits Named Insurcd Exclusion Contractors Professional Liability Broad Form Named Insured Endorsement Bodily Injury Redefined Waiver of Transfer of Rights Form Number CG 00010798 CGL 1008 0103 CGL 1016 0506 CGL 1000 0103 CGL 1317 1007 CGL 1039 1203 CGL 1007 0103 CGL 1385 1210 CGL 1029 0403 CGL 1009 0103 CGL 1102 0103 CGL 1111 0103 CGL 1114 0103 CGL 11150103 CGL 1117 0103 CGL 1119 0103 CGL 11220103 CGL 1123 0103 CGL 1137 0705 CGL 1129 0103 CGL 1011 0103 CGL 1028 0103 CGL 1030 0203 CGL 1024 0506a CGL 1203 1209 CGL 1025 0103 CGL 1302 0107 CGL 1105A 1004 CGL 1104 0103 CGL 1386 0211 CGL 1325 1207 CGL 10250103 Policy Number Named Insured Form Number CG 00010798 CGL 1008 0103 CGL 1016 0506 CGL 1000 0103 CGL 1317 1007 CGL 1039 1203 CGL 1007 0103 CGL 1385 1210 CGL 1029 0403 CGL 1009 0103 CGL 1102 0103 CGL 1111 0103 CGL 1114 0103 CGL 11150103 CGL 1117 0103 CGL 1119 0103 CGL 11220103 CGL 1123 0103 CGL 1137 0705 CGL 1129 0103 CGL 1011 0103 CGL 1028 0103 CGL 1030 0203 CGL 1024 0506a CGL 1203 1209 CGL 1025 0103 CGL 1302 0107 CGL 1105A 1004 CGL 1104 0103 CGL 1386 0211 CGL 1325 1207 CGL 10250103 | 2 |
Railroad General Liability Corporation 31 32 33 34 Disclosure Terrorism Risk Insurance Act Cap on Losses from Certified Acts of Terrorism U.S. Economic and Trade Sanctions Clause Service of Suit Clause Oklahoma TRIA N004 0315 TRIA E002 0315 OFAC 0809 SC2907 K GL 5000 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carcfully to determine rights dutics 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 Company. The word insured means any person ot organization qualifying as such under SECTION II WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning Refer to SECTION V DEFINITIONS. SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. 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 applics. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit sccking damages for bodily injury or property damage to which this insurance does not apply 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 IIT 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 o liability to pay sums o perform acts or services is covered unless explicitly provided for under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. b This insurance applics to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory and 2 The bodily injury or property damage occurs during the policy period. c. 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 19 CG 00010798 | 0 |
Liberty ri Surplus Insurance Corporation.. Railroad General Liability 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 liabiliy 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 bodi property damage occurs subsequent to the exceution of the contract or agreement. injury or 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 Liability o such party for or for the cost of that party s defensc 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 applics are alleged. c. Liquor Liability Bodily injury or property damage for which any insurcd 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 o regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you arc 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 bencfits or unemployment compensation law or any similar law. c. 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 dutics 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 o CG 00010798 | 1 |
Railroad General Liability 2 To any obligation to share damages with or repay someone clse who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release ot escape of polluants At or from any premises site or location which is or was at any time owned or occupied by or rented or loancd to any insured. However this subparagraph does not apply to Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner o lessce 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 sitc or location is not and never was owned or occupicd by or rented or loaned to any insured other than that additional insured or iif Bodily inju or property damage arising out of heat smoke or fumes from a hostile firc At or from any premiscs site or location which is or was at any time used by ot for any insured or others for the handling storage disposal processing or treatment of wastc Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site o location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premiscs site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to Bodily injury or property damage arising out of the escape of fucls lubricants or other operating fluids which are nceded to perform the normal clectrical hydraulic or mechanical functions necessary for the operation of mobile equipment ot its pasts if such fucls 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 fucls lubricants or other operating fluids are brought on or to the premises sitc 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 g y iif Bodily injury or property damage arising out of heat smoke or fumes from a hostile firc. At or from any premises site o location on which any insured or any contractors or subcontractors working dircctly or indirectly on any insured s behalf are performing operations if the operations are CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. g o test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the cffects of pollutants. 2 Any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the cffects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority Aircraft Auto or Watercraft 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 does not apply to 1 A watercraft while ashore on premises you own or rent A watercraft you do not own that is Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premiscs 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 5 Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph.2 or.3 of the definition of mobile cquipment. Mobile Equipment Bodily inju 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 duc to war whether or not declared or any act or condition incident to war War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. CG 00010798 | 1 |
Surplus Insurance Corporation Railroad General Liability j. Damage To Property Property damage to 1 Property you own fent of occupy 2 Premises you scll give away or abandon if the property damage arises out of any part of those premises 3 Property loancd to you 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 aises out of those operations o 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 firc 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 applics to Damage To Premises Rented To You as described in SECTION 111 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. L. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion docs 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 impaited 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 o 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 CG 00010798 | 1 |
V r Surplus Insurance Corporation Railroad General Liability Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repai replacement adjustment removal or disposal of 1 Your products 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 o dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applics to this coverage as described in SECTION 111 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 applis. We will have the right and duty to defend the insured against any suit secking those damages. However we will have no duty to defend the insured against any suit sccking 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 resul. But 1 The amount we will pay for damages is limited as described in SECTION III 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 o liability to pay sums or perform acts or services is covered unless explici under SUPPLEMENTARY PAYMENTS COVERAGES A AND B. y provided for 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. Personal and advertising injury 1 Caused by or at the dircction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injurys 2 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation 4 Arising out of a criminal act committed by or at the direction of any insured 5 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 6 Arising out of a breach of contract except an implied contract o use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 8 Arising out of the wrong description of the price of goods products o services stated in your advertisement 9 Committed by an insured whose business is advertising broadcasting publishing or telecasting. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section or 10 Arising out of the actual alleged or threatencd discharge dispersal scepage migration release or escape of pollutants at any time. Any loss cost or expense arising out of any 1 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 cffects of pollutants or 2 Chaim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement B Wie will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own of rent or 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 s 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. Wie 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 CG 00010798 | 1 |
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