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Railroad General Liability Y Libert i Surplus Insurance 7 Corporation 3 Necessary ambulance hospital professional nursing and funcral services. 2. Exclusions Wie will not pay expenses for bodily injurys a. b. 5w To any insured. To a person hired to do work for or on behalf of any insured o a tenant of any insured. To a person injured on that part of premises you own or rent that the person normally occupics. To a person whether or not an cmployee 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. To a person injured while taking part in athletics. Included within the products completed operations hazard. Excluded under Coverage A. Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle o 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 applics. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of carnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time afer the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. b. The suit against the indemnitee secks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applics to such liability assumed by the insured CG 00010798 | 1 |
Railroad General Liability A Liberty i Surplus Insurance 7 Corporation.. 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 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 copics of any demands notices summonses or legal papets received in connection with the suit Notify any other insurer whose coverage is available o the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and 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 indemaitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or scttlements or b. The conditions set forth above o the terms of the agreement described in Paragraph. above are no longer met. SECTION I WHO IS AN INSURED 1. If you arc designated in the Declarations as 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. A partnership o joint venture you are an insured. Your members your partners and their spouses arc also insureds but only with respect to the conduct of your business. c. 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 arc insurcds but only with respect to their dutics as your managets. CG 00010798 | 1 |
Surplus Insurance Corporation.. Railroad General Liability d. An organization other than a partnership joint venture or limited liability company you are an insured. Your exceutive officers and dircctors are insureds but only with respect to their dutics as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2. Each of the following s also an insured a. Your employees other than cither your exccutive officers if you are an organization other than a partnership joint venture or limited liability company o your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing dutics related to the conduct of your business. However none of these employees is an insured for 1 Bodily njury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venturd to your members if you are a limited liability company o o a cocmployee while that coemployee is cither in the course of his or her employment or performing duties related to the conduct of your business b To the spouse child parent brother or sister of that cocmplo 1a above ec as a consequence of Paragtaph c For which there is any obligation to share damages with or repay someone clse 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 occupicd o used by b Rented to in the care custody or control of or over which phy purpose by ical control is being exercised for any you any of your cmployees any partner or member if you arc a partnership or joint venturc or any member if you arc a limited liability company. b Any person other than your employec or any organization while acting as your real cstate manager. c. Any person or organization having proper temporary custody of your property if you dic but only 1 With respect o liability arising out of the maintenance or use of that property and 2 Unil your legal representative has been appointed. d. Your legal representative if you die but only with respect to dutics as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such cquipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the cquipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a cocmployee of the person driving the equipment or b Property damage to property owned by rented to in the charge of or occupied by you or the employer or any person who is an insured under this provision. CG 00010798 | 1 |
Railroad General Liability ri Surplus Insurance Corporation.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire o form the organization or the end of the policy period whichever is carlier b Coverage A docs not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B docs not apply to personal and advertising injury arising out of an offense committed before you acquired of formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III LIMITS OF INSURANCE The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insurcds b Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to 2. or 3. above whichever applics the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b Medical expenses under Coverage C because of all bodily injury and property damage atising out of any one occurrence. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupicd by you with permission of the owner. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation The Limits of Insurance of this Coverage Part apply separately to each consceutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limit of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 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 You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence o offense. I a chaim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we reccive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copics of any demands notices summonses or legal papers reccived in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim of defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person o organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation ot incur any expense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. b. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 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 obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this Coverage Part of that are in excess of the applicable limit of insurance. An agreed setdement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other bas a Thais Firc Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b Thatis Firc insurance for premises rented o you or temporarily occupicd by you with permission of the owner c Thatis insurance purchased by you to cover your liabili premises rented to you or temporarily occupicd by you with permission of the owner or as a tenant for property damage to d If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of SECTION I COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insurcd against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. Wie will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by cqual shares we will follow this method also. Under this approach cach insurer contributes equal amounts until it has paid its applicable limit of insurance o none of the loss remains whichever comes fi CG 00010798 | 1 |
Railroad General Liability Liberty ri Surplus Insurance Corporation.. If any of the other insurance docs not permit contribution by equal shates we will contribute by limits. Under this method cach insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of cach audit period we will compute the carned 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 carned 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 The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and. 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 applics As if cach Named Insured were the only Named Insured and b Scparately to cach insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights arc transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 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 putpose of attracting customers ot supporters. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or cquipment. But auto does not include mobile equipment. o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. ph 3. Bodily injury means bodily injury. these at any time. sickness or discase sustained by a person including death resulting from any of Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to ot from any place not included in a. above or. All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by you in the territory described in. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on your business and 2 The insured s responsibility to pay damages is determined in a suit on the meriss in the teritory described in a. above or in a settlement we agree to. Employee includes a leased worker. Employee does not include a remporary worket. Exccutive officer means a person holding any of the officer positions created by your charter cons laws or any other similar governing document. irution by 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. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b Your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any casement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality municipality cept in connection with work for a An clevator maintenance agreement CG 00010798 | 1 |
Surplus Insurance Corporation.. Railroad General Liability 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. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 fect 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 prepate 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 engincer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architcctural or engincering activitics. 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 dutics related to the conduct of your business. Leased worker does not include a temporary worker. 11. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12 Mobile equipment means any of the following types of land vehicles including any attached machine 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 crancs shovels loaders diggers or dills o 2 Road construction or resurfacing equipment such as graders scrapers or rollers e Vehicles not described in a. b c. or d. above that are not self propelled and are maintained primarily to provide mobility to permancntly attached equipment of the following types o CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 13. 14. 15. 16. o 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing cquipment or 2 Cherry pickers and similar devices used to raisc or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons of cargo. However sclf propelled vehicles with the following types of permanently attached equipment are not mobile cquipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or Strect cleanin 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing cquipment. 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 onc or more of the following offenses False arest detention or imprisonment Malicious prosccution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupics committed by or on behalf of its owner landlord or lessor Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication of material that violates a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement Pollutants mean any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fames acids alkalis chemicals and waste. Waste includes material 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 carliest of the following times CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation.. 17. 18. 19. 20. When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Wiotk that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of s shall be deemed to occur at the time of the physical injury that caused it or b Loss of usc of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the occurrence that caused it. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applics are alleged. Suit includes a. Anarbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your product means Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b Conainers other than vehicles materials parts or cquipment furnished in connection with such goods or products. Your product includes a. Warmantics or representations made at any time with respect to the fitness quality durability performance or use of your product and CG 00010798 | 1 |
Liberty ri Surplus Insurance Corporation Railroad General Liability b. The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 21 Your work means a. Work or operations performed by you or on your behalf and b Materials parts o cquipment furnished in connection with such work or operations. Your work includes a. Warmantics or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. In witness whereof the company has caused this policy to be signed by its President and its Secretary at Boston Massachusetts and countersigned by a duly authorized representative of the company. PRESIDENT VICE PRESIDENT and SECRETARY Christopher L. Peirce Mark C. Touhey CG 00010798 | 1 |
Railroad General Liability Surplus Insurance Corporation LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Can 1. 6. B. Cha This cellation The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. Wi may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the cffective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the cffective date of cancellation if we cancel for any other reason. Wie will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the cffective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. nges 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. C. Examination of Your Books and Records Wi 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. N Wi have the right to a. Make inspections and surveys at any time b Give you reports on the conditions we find and Recommend changes. Wie 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 CGL 1008 0103 | 2 |
Railroad General Liability Surplus Insurance Corporation.. E. 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 clevators. 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. Transfer of Your Rights And dutics 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 dutics as your legal representative. Uniil 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. CGL 1008 0103 | 2 |
347 Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 1 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION ENDORSEMENT MINIMUM AND DEPOSIT PREMIUM MINIMUM EARNED PREMIUM The Deposit Premium is an estimated premium only. The final premium will be calculated according to the premium audit provision of this policy which is amended below. The Deposit Premium is calculated as follows Rate 10.94 Per 1000 of Revenue Estimated Exposure 2300000 Revenues Deposit Premium Rate times estimated Exposure 25156 TRIA Premium flat charge and not subject to audit 1258 Paragraph 5.b. of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following Premium shown on the Declarations page as Deposit Premium is an estimated premium only. At the close of cach audit period we will compute the carned premium for that period based upon the actual exposure provided by an auditor or by you. If the audited carned premium is greater than the Deposit Premium the difference between them is due and payable to us immediately upon notice to the first Named Insured. If the Deposit Premium and the audited earned premium is less than the Minimum Premium we will not return any premium. In the event the policy is cancelled prior to the expiration date shown in Item 2 of the Declarations Page or if amended via endorsement the applicable pro rata or short rate of the Deposit Premium plus any additional premium added via endorsement or audited carned premium will apply whichever is greater. If the policy is cancelled within 90 days of the cffective date listed on the Declarations Page we will retain no less than 25 of the applicable pro raa or short rate of the Deposit Premium or audited carned premium whichever is greater. CGL 1016 0506 | 2 |
Surplus Insurance Corporation Railroad General Liability If the insured has sclected to purchase TRIA coverage a flat charge will apply. This amount is not auditable and will not affect cither the Deposit Premium or audited carned premium. In the case of cancellation the applicable pro rata or short rate of the TRIA Premium will apply. This endorsement does not change any other provision of the policy. CGL 1016 0506 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 2 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY WRITTEN CONTRACT WHO IS AN INSURED Section 1 is amended to include as an insured any person or organization with whom you have agreed to add as an additional insured by written contract but only with respect to liability arising out of your operations or premiscs owned by or rented to you. This endorsement does not change any other provision of the policy. CGL 1000 0103 | 2 |
Liberty ri Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 3 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT DUTIES IN THE EVENT OF AN OCCURRENCE CLAIM OR SUIT In addition to your obligations under Scction IV COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 2 Duties In The Event of Occurrence Offense Claim or Suit the following is added e Written notice of an occurrence or an offense which may result in a claim must be sent to Liberty International Underwriters Attn Casualty Claims 55 Water Street 23 Floor New York NY 10041 CASClaimslibertyiu.com This endorsement does not change any other provision of the policy. CGL 1317 1007 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 4 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT WAR LIABILITY EXCLUSION COMMERCIAL GENERAL LIABILITY COVERAGE A Exclusion i. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liabili replaced by the following 2. Exclusions This insurance does not apply to i. War Bodily injury or property damage however caused arising directly or indircctly out of a. War including undeclared or civil war or b Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or c. Insurtection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. B The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Personal and advertising injury however caused arising directly or indircctly out of a. War including undeclared or civil war or b. Warlike action by a military force including action in hindering o defending against an actual or expected attack by any government sovercign or other authority using military personnel or other agents or N CGL 1039 1203 | 2 |
rance Railroad General Liability c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1039 1203 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 5 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. 6. W 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 non p yment of premium or b. 90 before the cffective date of cancellation if we cancel for any other reason. Wie will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the cffective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1007 0103 | 2 |
Liberty Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 6 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following A If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule below. In no event does the notice to the third party exceed the notice to the first named insured. B. This advance email notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. SCHEDULE Name of Other Persons Organizations Email Address or Mailing Address Number Days Notice HollyFrontier Corporation or any of its o ISNetworld RAVS 30 affiliates or their employees officers or PO Box 192668 directors Dallas TX 75219 This endorsement does not change any other provision of the policy. 1 CGL 1385 1210 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 7 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS Scheduled Railroad Per Written Contract Designated Job Site All Jobs If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions Section is replaced by the following 9. Insured contract means a b. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any casement ot license agreement An obligation as required by ordinance to indemnify a municipali municipality except in connection with work for a An clevator maintenance agteement 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. N CGL 1029 0403 | 2 |
Liberty ri Surplus Insurance Corporation.. Railroad General Liability Paragraph. does not include that part of any contract or agreement 1 That indemnifies an architect engineer or surveyor for injury or damage atising out of A Preparing approving or failing to preparc or approve maps shop drawings opinions reports surveys ficld orders change orders o 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 2 Under which the insured if an architect engincer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in paragraph 1 above and supervisory i activitics. inspection architcctural or engincering All other terms conditions and exclusions of this Policy remain unchanged. I CGL 1029 0403 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 8 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE Our obligation under the Commercial General Liability Coverage Form to pay damages and Supplementary Payments on your behalf applics only to the sum of the amount of damages and Supplementary Payments in excess of any deductible amounts stated in the Commercial General Liability Declarations as applicable to such coverages and the limits of insurance applicable to cach occurrence or offense for such coverages will be reduced by the amount of such deductible Aggregate limits for such coverages shall not be reduced by the application of such deductible amount. The deductible amounts stated in the Commercial General Liability Coverage Part Declarations apply as follows a. Per Occurrence basis If the deductible is on a Per Occurrence basis the deductible amount applies to all damages and Supplementary Payments because of bodily injury property damage personal and advertising injury as a result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence o offense. b Per Claim basis If the deductible is on a Per Claim basis the deductible amount applies to all damages and Supplementary Payments because of bodily injury property damage and personal and advertising injury sustained by one person or organization as the result of any one occurrence or offense. 2. The terms of this insurance including those with respect to a. Our right and duty to defend any suits secking those damages and b Your dutics in the event of an occurrence claim or suit Apply irrespective of the application of the deductible amount. 3. You will not make or agree to a settlement without our written consent. 4. We may pay any pat or all of the deductible amount to effect settlement of any claim or suit or payment of any related Supplementary Payments. Upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1009 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 9 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This policy does not apply to bodily injury property damage or personal and advertising injury arising out of or related in any way cither directly or indircctly to 1. asbestos asbestos products asbestos containing materials or products asbestos fibers or asbestos dust including but not limited to manufacture mining use sale installation removal or distribution activitics exposure to testing for monitoring of cleaning up removing containing or treating of asbestos asbestos 2 to testing for monitoring of cleaning up. cont treating of asbestos asbest products asbestos containing materials or products asbestos fibers or asbestos dust or 3. any obligation to investigate settle or defend or indemnify any person against any claim or suit arising out of or related in any way cither ditectly or indircctly to asbestos products asbestos containing materials or products asbestos fibers or asbestos dust. This endorsement does not change any other provision of the policy. CGL 1102 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 10 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EMPLOYMENT RELATED PRACTICES 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 I Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any Refusal to employ that person b Termination of that person s cmployment or Employment related practices policics acts or omissions such as coercion demotion cvaluation reassignment discipline defamation harassment humiliation or discrimination dirccted at that person or e spouse child parent brother or sister of that person as a consequence of bodily injury to that 2 The sp hild parent brother or sister of that p q bodily injury to th person at whom any of the employment related practices described in Paragraphs 3 b or above is ditected. This exclusion applics 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 clse who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liabili This insurance does not apply to 2 CGL 1111 0103 | 2 |
Surplus Insurance Corporation.. Railroad General Liability Personal and advertising injury to 1 A person arising out of any Refusal to employ that person b Termination of that person s employment or Employment related practices policics acts or omissions such as coercion demotion cvaluation reassignment discipline defamation harassment humiliation or discrimination dirccted at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs b o 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 clse who must pay damages because of the injury. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1111 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 11 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTELLECTUAL PROPERTY RIGHTS This insurance does not apply to Any bodily injury property damage or personal and advertising injury arising out of or dircctly or indirectly related to the actual o alleged publication or utterance or oral or written statements which are claimed as an infringement violation or defense of any of the following rights or law 1. copyright other than infringement of copyrighted advertising materials 2. patens 3. trade secrets 4. trade dress o trade mark or service mark or certification mak or collective mark or trade name other than trademarked or service marked titles or slogans. This endorsement does not change any other provision of the policy. CGL 1114 0103 | 2 |
i Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 12 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION JOINT VENTURES Itis hereby agreed that this insurance does not apply to any liability atising from any joint venture. This endorsement does not change any other provision of the policy. CGL 11150103 | 2 |
i Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 13 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION KNOWN INJURY OR LOSS This insurance does not apply to bodily injury property damage personal and advertising injury which began prior to the inception date of this policy and which is alleged to continuc into the policy period. This exclusion applies whether or not D 2 The damage ot its cause was known to any insured before the inception date of this policy Repeated or continued exposure to condiions causing such bodily injury property damage or personal injury and advertising injury occurred during the policy period or caused additional or progressive bodily injury property damage or personal injury and advertising injury during the policy period or The insured s legal obligation to pay damages was cstablished as of the inception date of this policy. This endorsement does not change any other provision of the policy. CGL 1117 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 14 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD LIABILITY This insurance does not apply to D 2 Bodily Injury Property Damage Personal and advertising injury arising out of resulting from or in any way caused by or related to any actual alleged o threatened ingestion inhalation absorption of exposure to lead in any form and from any source or Any los to any cost expense liability or other type of obligation arising out of resulting from o in any way related a Claim suit request demand dircctive or order by or on behalf of any person entity or governmental authority that any Insured or others test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the cffects of lead in any form from any source or to any b Claim or suit by or on behalf of any person entity or governmental authority for damages or any other relicf or remedy because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing ot in any way responding to or assessing the cffects of lead in any form. This endorsement does not change any other provision of the policy. CGL 1119 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 15 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION MOLD MILDEW OR FUNGUS This insurance does not apply to Bodily Injury property damage or personal and advertising injury arising out of ot related in any way cither directly or indirectly to any actual alleged o threatencd inhalation discharge dispersal scepage migration absorption relcase exposure or escape of any mold mildew or fungus in any source at any time or Any loss cost expense liability or other type of obligation arising out of resulting from or in any way related directly o indircctly to any claim suit investigation or administrative proceeding brought by or on behalf of any person entity or government authority for damages or any other relief or remedy because of testing for monitoring cleaning up removing containing treating detoxifying neutralizing o in any way responding to or assessing the cffects of mold mildew o fungus in any form from any source at any time. All other terms and conditions of this policy remain unchanged. CGL 11220103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 16 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NUCLEAR ENERGY LIABILITY This endorsement changes the policy as follows This policy does not apply to A Any liability or loss costs 1. with respect to which any Insured under this policy is also an Insured under a nuclear energy liability policy issucd by Nuclear Encrgy Liability Insurance Association Mutual Atomic Encrgy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or 2. resulting from the hazardous properties of nuclear material and with respect to which a a person or organization is required to maintain financial protection pursuant to the Atomic Encrgy Act of 1954 or any law amendatory thereof or b any 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 thercof with any person or organization. B. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material 1. the nuclear material a isatany nuclear facility owned by or operated by or on behalf of any Insured or b has been discharged or dispersed therefrom 2. the nuclear material is contained in spent fucl or nuclear waste at any time possessed handled used processed stored transported or disposed of by o on behalf of any Insured or 3. the injury or nuclear property damage arises out of the furnishing by any Insured of services materials parts or cquipment 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 Ametica its territorics or possessions or Canada this Exclusion B.3. applics only to nuclear property damage to such nuclear facility and any property thercin N CGL 1123 0103 | 2 |
Railroad General Liability Surplus Insurance Corporation.. As used in this Exclusion 6. Hazardous propertics include radioactive toxic or explosive propertics. Nuclear facility means a any nuclear reactor. b any cquipment o device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fucl or 3 handling processing or packaging nuclear wastc any cquipment or device used for the processing fabricating o 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 thercof or more than 250 grams of uranium 235 d any structure basin cxcavation premises or place prepared or used for the storage or disposal of nuclear 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 material means source material special nuclear material or by product material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. 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. Nuclear Waste means any nuclear waste material a containing by product material other than the tailings of nuclear 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 within the definition of nuclear facility under Paragraph 2a or 2b. 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 thercof. Spent fucl means any fuel clement or fucl component solid or liquid which has been used o ex to radiation in a nuclear reactor. posed This endorsement does not change any other provision of the policy CGL 1123 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 17 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICOSIS The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury and Property Damage Liability 2. Exclusions This insurance does not apply to Silica or Silica Related Dust Bodily injury arising in whole or in pat out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the cffects of silica or silica related dust by any insured or by any other person or cntity. A The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal and Advertising Injury Liability Silica or Silica Related Dust Personal and advertising injury arising in whole or in patt out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or Any lost cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the cffects of silica or silica related dust by any insured or by any other person or cntity. B. The following definitions are added to the Definitions Section CGL 1137 0705 | 2 |
rance Corporation Railroad General Liability 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. This endorsement does not change any other provision of the policy. CGL 1137 0705 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 18 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TOTAL POLLUTION Exclusion. under Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liab replaced by the following This insurance does not apply to 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 scepage migration release or escape of pollutants at any time. 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 o 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. This endorsement does not change any other provision of the policy. N CGL 1129 0103 | 2 |
e F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 19 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT SUBJECT TO A POLICY AGGREGATE LIMIT SCHEDULE SCHEDULE Designated Construction Projects On file with company If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applics to cach designated construction project and that limit is cqual to the amount of the General Aggregate Limit shown in the Declarations. 2. The overall Policy Aggregate Limit scheduled in the Declarations is the most we will pay for the sum of all Designated Construction Project General Aggregate Limits. 3. Subject to the Policy Aggregate Limit the Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A except damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of a Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 4. Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Subject to the Policy Aggregate Limit such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CGL 1011 0103 | 2 |
Surplus Insurance Corporation.. Railroad General Liability 5. The limits shown in the Declarations for Each occurrence continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit and Policy Aggregate Limit. B. Forall sums which the insured becomes legally obligated to pay as damages caused by occurrences under COVERAGE A SECTION 1 which can not be attributed only to operations at a single designated construction project shown in the Schedule above 1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General Aggregate Limit or the Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit Designated Construction Project General Aggregate Limit nor Policy Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authotized contracting partics deviate from plans blucprints designs specifications or fimetables the project will still be deemed to be the same construction project. E. The provisions of Limits Of Insurance SECTION III not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1011 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 20 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE AND NOTICE OF OCCURRENCE CLAIM OR SUIT Itis hereby agreed that Section IV CONDITIONS. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Item 2 a. is amended by the addition of the following language. Knowledge of any occurrence claim or suit by any agent servant or employee of the insured does not constirute knowledge by the insured unless notice of such occurrence claim or suit has been received by an officer of the Named Insured. All other terms conditions and exclusions of this Policy remain unchanged. CGL 1028 0103 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 21 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED Item 1. Named Insured is hereby amended on the Policy Declarations Page to include the following Enmotion Holdings LLC Enmotion Corporate Services LLC This endorsement does not change any other provision of the policy. CGL 1030 0203 | 2 |
Al 2 F 4 Liberty XN SurplusInsurance A Surpluss Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the ENDORSEMENT NO. 22 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL CONDITIONS FOR SUBCONTRACTORS ENDORSEMENT As a condition precedent o an insured s coverage under this Policy for covered liability resulting from a subcontractor working on its behalf in addition to the terms and conditions of the Policy the insured must satisfy the additional requirements noted below 1. Certificates of insurance with limits of liability equal to or greater than those provided by this policy underwritten by an insurance company with at least an A VI Best rating as defined by A.M. Best will be obtained from all subcontractors prior to commencement of any work performed for the insured. Insurance must be maintained during the policy period listed on this policy s declaration page. Nove If this palicy provides a per location per project aggregate subcontractor policy must provide the same. 2. The insured will obtain hold harmless or similar indemnity agreements from subcontractors indemnifying you against all losses for work performed for the insured by any and all subcontractors. 3. The insured will be named as Additional Insured on all subcontractors General Liability policies. Failure to comply with the above conditions will result in the following I a chaim s charged to this policy duc to a subcontractors operations an increased deductible or SIR whichever is listed on the Declarations page of this policy of 10000 will apply for any such losscs. Commercial General Liability coverage maintained by subcontractors shall be primary and this policy shall be excess of limits of liability of such insurance notwithstanding the language of the Other Insurance provisions of this policy. All other terms and conditions of this Policy remain unchanged. CGL 1024 0506a | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 23 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP EMPLOYERS LIABILITY COVERAGE Bodily Injury by Accident Limit 2000000 Bodily Injury by Discase Limit 2000000 Bodily Injury by Disease Policy Limit 2000000 If no entry appears above the information required to complete this endorsement will be shown in the Declarations as applicable o this endorsement. A The following is added to Section I Coverages COVERAGE STOP GAP EMPLOYERS LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated by Washington Wyoming Notth Dakota Ohio Pucrto Rico or US. Virgin Islands Law to pay as damages because of bodily injury by accident or bodily injury by discase to your employee to which this insurance applics. We will have the right and duty to defend the insured against any suit sceking those damages. However we will have no duty to defend the insured against any suit secking damages to which this insurance does not apply. We may at our discretion investigate any accident and settle any claim or suit that may result. Bue 1 The amount we will pay for damages is limited as described herein 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 Coverage A Coverage B or this coverage. No other obligation o liability to pay sums o perform acts or services is covered unless explicitly provided for under Supplementary Payments. b This insurance applics to bodily injury by accident or bodily injury by discase only if 1 The Bodily injury by accident or bodily injury by discase takes place in the coverage territory CGL 1203 1209 | 2 |
Railroad General Liability c Bodily injury by accident or bodily injury by discase arises out of and in the course of the injured employee s employment by you and Employee at the time of the injury was covered under a worker s compensation policy and subject to a workers compensation law of Washington Wyoming North Dakota Ohio Puctto Rico or USS. Virgin Islands and Bodily injury by accident is caused by an accident that occurs during the policy period o Bodily injury by discase is caused by or aggravated by conditions of employment by you and the injured employec s last day of last exposure to the conditions causing o aggravating such bodily injury by discase occurs during the policy period. The damages we will pay where recovery is permitted by law include damages 1 For b Which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your cmployce Care and loss of services and Consequential bodily injury by accident or bodily injury by discase to a spouse child parent brother or sister of the injured cmployee provided that these damages are the direct consequence of bodily injury by accident or bodily injury by discase that arises out of and in the course of the injured cmployec s employment by you and 2 Because of bodily injury by accident or bodily injury by discase to your cmployee that arises out of and in the course of employment claimed against you in a capacity other than as employer. Exclusions This insurance does not apply to a. Intentional Injury Bodily injury by accident or bodily injury by discase intentionally caused or aggravated by you or bodily injury by accident or bodily injury by disease resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially certain to occur. Fines Or Penalties Any assessment penalty or fine levied by any regulatory inspection agency or authority. Statutory Obligations Any obligation of the insured under a workers compensation disability bencfits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by you under any contract or agreement. Violation Of Law KN CGL 1203 1209 | 2 |
ri Surplus Insurance Corporation Railroad General Liability Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the actual knowledge of any of your exccutive officers. f. Termination Coercion Or Discrimination Damages arising out of cocrcion criticism demotion evaluation reassignment discipline defamation harassment humiliation discrimination against or termination of any cmployee or arising out of other employment or personnel decisions concerning the insured. g Failure To Comply With Workers Compensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your obligations or other failure to comply with any law. h. Violation Of Age Laws Or Employment Of Minors workers compensation Bodily injury by accident or bodily injury by discase suffered or caused by any person 1 Knowingly employed by you in violation of any law as to age or 2 Under the age of 14 years regardless of any such law. i. Federal Laws Any premium assessment penalty fine benefit liability or other obligation imposed by or granted pursuant to 1 The Federal Employer s Liability Act 45 USC Section 51 60 2 The Non appropriated Fund Instrumentalities Act 5 USC Sections 8171 8173 3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 The Outer Continental Shelf Lands Act 43 USC Section 1331 1356 5 The Defense Base Act 42 USC Scctions 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Scctions 901 942 7 The Migrant and Seasonal Agriculrural Worker Protection Act 29 USC Sections 1801 1872 8 Any other workers compensation unemployment compensation or disability laws or any similar law or 9 Any subsequent amendments to the laws listed above. j. Crew Members Bodily injury by accident or bodily injury by discase to a master or member of the crew of any vessel o any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage Stop Gap Employers Liability as well as to Coverages Aand B. C. For the purposes of this endorsement Section 1 T Who Is An Insured is replaced by the following If you are designated in the Declarations as K CGL 1203 1209 | 2 |
Surplus Insurance Corporation.. Railroad General Liability 1. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture you arc an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3. Alimited liability company you arc an insured. Your members are also insurcds but only with respect to the conduct of your business. Your managers arc insureds but only with respect to their duties as your managers. 4. An organization other than a partnership joint venture or limited liability company you arc 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 s stockholders. 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. D. For the purposes of this endorsement Section 111 Limits Of Insurance is replaced by the following The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought or Persons or organizations making claims or bringing suits. 2. The Bodily Injury By Accident Each Accident Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury By Discase Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for all damages covered by this insurance and arising out of bodily injury by discasc regardless of the number of cmployees who sustain bodily injury by discasc. 4. Subject to Paragraph D.3. of this endorsement the Bodily Injury By Discase Each Employec Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury by discase to any one employee. The General Aggregate Limit is the most we will pay for the sum of damages under Coverage A Coverage B and this coverage except damages because of injury and damage included in the products completed operations hazard. The limits of the coverage apply separately to cach 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. E. For the purposes of this endorsement Condition 2. Duties In The Event Of Occurrence Claim Or Suit of the Conditions Section IV is deleted and replaced by the following 2. Duties The Event Of Injury Claim Suit. You must sce to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by discase which may result in a claim. To the extent possible notice should include K CGL 1203 1209 | 2 |
Surplus Insurance Corporation... N B Railroad General Liability 1 How when and where the bodily injury by accident or bodily injury by disease took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any inju b If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify s as soon as practicable. You must see to it that we reccive written notice of the claim or suit as soon as practicable. Youand any other involved insured must 1 Immediately send us copics of any demands notices summonses or legal papers received in connection with the injury claim proceeding or suit 2 Authorize us to obtain records and other information 3 Cooperate with us and as defense against the suit ist us as we may request in the investigation or settlement of the claim or 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 to which this insurance may also apply and 5 Do nothing after an injury occurs that would interfere with our right to recover from others. d. Noinsured 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. F. For the purposes of this endorsement Paragraph 4. of the Definitions Scction is replaced by the following 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b International waters or aitspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or in All other parts of the world if the injury or damage arises out of the activities of a person whose home is the territory described in a. above but who s away for a short time on your business provided the insured s responsibility to pay damages is determined in the United States including its territories and possessions Pueto Rico or Canada in a suit on the merits according to the substantive law in such territory o in a settlement we agree to. G. The following are added to the Definitions Section 1. Workers Compensation Law means the Workers Compensation Law and any Occupational Discase Law of Wiashington Wyoming Notth Dakota Ohio Pucrto Rico or U.S. Virgin Islands. This does not include provisions of any law providing non occupational disability benefi 2. Bodily injury by accident means bodily injury sickness or discase sustained by a person including death resulting from an accident. A discase is not bodily injury by accident unless it results dircctly from bodily injury by accident. K CGL 1203 1209 | 2 |
dadt Liberty ra Surplus Insurance Corporation Railroad General Liability 3. Bodily injury by discase means a discase sustained by a person including death. Bodily injury by discase does not include a discase that results directly from an accident. H. For the purposes of this endorsement the definition of bodily injury docs not apply. All other terms conditions and exclusions of this Policy remain unchanged. K CGL 1203 1209 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 24 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Itis hereby agreed that Section 1V item 8. Transfer of Rights of Recovery Against Others to Us is modified as follows SCHEDULE Name of Person or Organization As tequired by written contract. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable o 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 Wie 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. This waiver applics only to the person or organization shown in the Schedule above. This endorsement does not change any other provision of the policy. N CGL 1025 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 25 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following SECTION IV COMMERCIAL GENERAL LIABILITY PRODUCTS COMPLETED OPERATIONS LIABILITY CONDITIONS ITEM 6. Representations is changed to the following Itis agreed that failure of the Insured to disclose all hazards existing as of the inception o rencwal date of this policy or ctrors or omissions in applications declarations schedules endorsements or other documents shall not prejudice the Insured with respect to the coverage afforded by this policy as long as such failure crrors or omissions are unintentional. This endorsement does not change any other provision of the policy. CGL 1302 0107 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 26 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS Itis hereby agreed that this insurance does not apply to Any claim or suit by or from any Named Insured covered under this policy against any other Named Insured covered under this policy. This endorsement does not change any other provision of the policy. CGL 1105A 1004 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 27 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modified insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to cither or both of the following operations a. Engincering architectural or surveying services in your capacity as an engincer architect or surveyor and b Providing or hiring independent professionals hired by you to provide engincering architectural or surveying services in connection with construction work you perform. 2. Subject to Paragtaph 3. below professional services include a. Preparing approving or failing to prepate or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b Supervisory or inspection activitics performed as part of any related architectural or engincering activitics. 3. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. This endorsement does not change any other provision of the policy. CGL 1104 0103 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 28 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROAD FORM NAMED INSURED ENDORSEMENT Itis agreed that Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any business entity incorporated or organized under the laws of the United States of America including any State thercof its territories or possessions or Canada including any Province thereof in which the Named Insured shown in the Declarations owns during the policy period an interest of more than 50 percent. If other valid and collectible insurance is available to any business entity covered by this policy solely by reason of ownership by the Named Insured shown in the Declarations in excess of 50 percent this insurance is excess over the other insurance whether primary excess contingent or any other basis. This endorsement does not change any other provision of the policy. CGL 1386 0211 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 29 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY REDEFINED The definition of bodily injury in DEFINITIONS is amended as follow Bodily injury means physical injury physical sickness or physical discase sustained by any one person including death there from. Bodily injury does not include shock or emotional mental or psychological distress injury trauma or anguish or other similar condition unless such condition results solely and directly from prior p sickness or physical discase otherwise covered under this insurance. ysical injury physical This endorsement does not change any other provision of the policy. CGL 1325 1207 | 2 |
Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 30 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railcar Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Itis hereby agreed that Section 1V item 8. Transfer of Rights of Recovery Against Others to Us is modified as follows SCHEDULE Name of Person or Oroanization SCHEDULE Name of Person or Organization i Plains Matketing LP ii. Plains Pipelinc LP i Plains Midstream Canada ULC iv. Pacific Pipeline System LLC Rocky Mountain Pipeline System LLC Plains Products Terminals LLC Palins Gas Solutions LLC Plains Pipeline North Dakota LLC 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 Wi 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. This waiver applics only to the person o organization shown in the Schedule above. This endorsement does not change any other provision of the policy. CGL 1025 0103 | 2 |
d SurplusInsurance Corporation Railroad General Liability 7 LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 31 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or clsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a deductible amount specified in the Act the federal government will reimburse the insurer for the Federal Share of losses paid in excess of the deductible but only if aggregate industry losses from such acts exceed the Program Trigger. The Federal Share and Program Trigger by calendar year arc Calendar Year Federal Share Program Trigger 2015 85 100000000 2016 84 120000000 2017 83 140000000 2018 82 160000000 2019 81 180000000 2020 80 200000000 Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses N TRIA N004 0315 Program Trigger 100000000 120000000 140000000 160000000 180000000 200000000 r Year | 2 |
Surplus Insurance Corporation Railroad General Liability that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. I TRIA N004 0315 | 2 |
Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafter the Company ENDORSEMENT NO. 32 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifics insurance provided under the above captioned policy. A. Cap on Certified Act of Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in consultation with the Sccretary of Homeland Sccurity and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act s a violent act or an act that is dangerous to human lie property or infrastructure and is committed by an individual or individuals as part of an cffort 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 the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Application of Exclusions The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy. TRIA E002 0315 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
347 Surplus Insurance Corporation Railroad General Liability LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafier the Company ENDORSEMENT NO. 33 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE Whenever coverage provided by this policy would be in violation of any U.S. cconomic or trade sanctions such as but not limited to those sanctions administered and enforced by the U.S. Treasury Department s Office of Forcign Assets Control OFAC such coverage shall be and void. Similarly any coverage relating to or referred to in any certificates or other evidences of insurance or any chaim that would be in violation of U.S. cconomic or trade sanctions as described above shall also be and void. N OFAC 0809 | 2 |
d SurplusInsurance Corporation Railroad General Liability 7 LIBERTY SURPLUS INSURANCE CORPORATION A New Hampshire Stock Insurance Company hereinafier the Company ENDORSEMENT NO. 34 Effective Date 6202016 Policy Number GLHV452159 3 Issued To Freedom Railear Solutions LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SERVICE OF SUIT CLAUSE OKLAHOMA This endorsement modifies insurance provided under the following ALL COVERAGE PARTS IN THIS POLICY The Liberty Surplus Insurance Cotporation hereby appoints the Corporation Service Company 115 S.W. 89th Strect OKlahoma City OK 73139 8511 as the true and lawful attorney of Liberty Surplus Insurance Corporation in and for the aforesaid State upon whom all lawful process may be served in any action suit or proceeding instituted in the State of OKlahoma against the Liberty Surplus Insurance Corporation arising out of the insurance policy to which this provision is attached provided a copy of any process suit complaint or summons is sent by certified or registered mail to Mark C. Touhey Vice President and Secretary Liberty Surplus Insurance Corporation 175 Berkeley St. Boston MA 02116 N 8C2 907 | 2 |
Policy Number Producer Number Name and Address KINSALE INSURANCE COMPANY 2221 Edward Holland Drive Suite 600 Richmond Virginia 23230 COMMERCIAL GENERAL LIABILITY DECLARATIONS 0100039648 3 24701 Scottish American Cap. Santa Ana CA 2002 E. McFadden Avenue Suite 100 NO FLAT CANCELLATION Santa Ana CA 92705 NAMED INSURED MAILING ADDRESS POLICY PERIOD Jared Ware Construction dba BuiltWare Fabrication Inc 4569 Skyway Drive Olivehurst CA 95961 FROM 06102019 TO 06102020 at 1201 AM at the address of the named insured as shown above. 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 Each Occurrence Limit 1000000 Damages to Premises Rented to You Limit 100000Any one premises Medical Expense Limit ExcludedAny one person Personal Advertising Injury Limit 1000000Any one person or organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 DESCRIPTION OF BUSINESS DESCRIPTION OF OPERATIONS Residential and commercial welding and fabrication work Business Type Corporation CLASSIFICATION AND PREMIUM CLASS CLASS DESCRIPTION BASIS OF EXPOSURE RATE PREMIUM CODE PREMIUM 99969.01 Welding or Cutting per 1000 Gross 2300000 6.2209 14308 Sales TOTAL PREMIUM MINIMUM AND DEPOSIT 14308 COMPANY FEE 350 TOTAL PAYABLE AT INCEPTION 14658 POLICY SUBJECT TO AUDIT Y AUDIT PERIOD Annual BROKER FEE 450.00 STATE TAX 439.74 STAMP FEE 29.32 ENDORSEMENTS. TOTAL PREMIUM 15577.06 Refer to ADF4001 SCHEDULE OF FORMS THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Policy Number Producer Number Name and Address AILING ADDRESS LICY PERIOD tion Inc Includes Material Insurance Services Office Inc. 2000 Page1of 1 CAS1000 0618 | 2 |
NOTICE WHERE TO REPORT A CLAIM It is important that losses claims or incidents if incident reporting is permitted under the Policy are reported in writing and directly to the Claims Department at Kinsale Insurance Company. Reporting losses claims or incidents to an insurance agent or broker is not notice to the Kinsale Insurance Company Claims Department. Failure to report directly to Kinsale Insurance Company s Claims Department may jeopardize coverage under the Policy. The Claims Department can be contacted easily and quickly by e mail fax or U.S. mail. By E mail Newclaimnoticeskinsaleins.com By FAX 1 804 482 2762 Attention Claims Department or By Mail Claims Department Kinsale Insurance Company P. 0. Box 17008 Richmond Virginia 23226 Street Address 2221 Edward Holland Drive Suite 600 Richmond Virginia 23230 Page1of1 ADF9013 0419 | 2 |
SCHEDULE OF FORMS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premium S0 0 CAS1000 0618 Commercial General Liability Declarations ADF9013 0419 Notice Where To Report A Claim ADF4001 0110 Schedule of Forms CG0001 1001 Commercial General Liability Coverage Form CAS2004 0110 Deductible Endorsement CAS2007 0817 Common Conditions Casualty AADF4002 0817 Basis of Premium ADF4005 0212 Composite Rate Endorsement CAS4002 0110 Waiver of Transfer of Rights of Recovery Against Others to Us Blanket CAS4005 0310 Policy Limitation Amended Aggregate Per Project or Location CAS4018 0411 Minimum Policy Premium CAS4020 0110 Limitation Independent Contractors CAS4029 1212 Amendment Premium Audit Conditions ADF3001 0110 Exclusion Tainted Drywall ADF3003 0519 Exclusion Absolute Pollution and Pollution Related Liability ADF3010 0110 Exclusion Nuclear Biological or Chemical Materials ADF3011 0115 Exclusion of Other Acts of Terrorism Committed Outside the United States Exclusion of Punitive Damages Related to a Certified Act of Terrorism Cap on Losses from Certified Acts of Terrorism CAS3008 0314 Exclusion EIFS Exterior Insulation and Finish Systems CAS3009 0110 Exclusion Medical Payments CAS3011 0110 Exclusion New Entities Commercial General Liability CAS3014 1016 Exclusion Demolition CAS3022 0217 Exclusion Prior Work Commercial General Liability CAS3042 0110 Exclusion New York CAS3043 0817 Additional Policy Exclusions CAS3044 0319 Exclusion Underground Facility CAS3060 0110 Exclusion Injury to Independent Contractors CAS3062 0513 Exclusion Wrap Ups CAS3095 0610 Exclusion Colorado CAS3098 0110 Exclusion Named Insured vs. Named Insured CAS3104 0912 Exclusion West Virginia CAS3108 0814 Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability General Liability CAS3118 0316 Exclusion Highway or Bridge Work CAS3124 0616 Exclusion Violation of Statutes That Govern E Mails Fax Phone Calls or Other Methods of Sending Material or Information CAS3127 0716 Exclusion Tract Housing of Greater Than Twenty Units All Residential Condominiums Townhomes Timeshares CAS3139 1118 Exclusion Mobile Equipment Subject To Motor Vehicle Insurance Law CG2167 1204 Fungi or Bacteria Exclusion CAS5003 0717 Additional Insured Primary and Non Contributory Endorsement CG2010 0704 Additional Insured Owners Lessees or Contractors Scheduled Person or Organization CG2037 0704 Additional Insured Owners Lessees or Contractors Completed Operations ADF9010 0115 Notice of Terrorism Insurance Coverage 1L0021 0908 Nuclear Energy Liability Exclusion Endorsement Broad Form 1L0985 0115 Disclosure Pursuant to Terrorism Risk Insurance Act ADF4001 0110 Page 10f2 Page 1 of 2 | 2 |
ADF9004 0110 Signature Endorsement ADF9009 0110 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice to Policyholders Page 2 of 2 ADF4001 0110 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011001 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named In sured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages 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 1l Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and prop erty 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 oc curs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An In sured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or proper ty damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodi ly injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any in sured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or re sumption of that bodily injury or property dam age 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 re ceive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or P Y p y Injury 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 bodi ly injury or property damage has occurred or has begun to occur. IS0 Properties Inc. 2000 Page 10f 16 CG 00011001 | 0 |
e. Damages because of bodily injury include dam ages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons 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 agree ment. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an in sured 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 proper ty damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a per son under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the busi ness of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Para graph 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer 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. Page 2 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge 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 occu pied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from 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 or lessee of such premises site or location has been added to your policy as an additional in sured with respect to your ongoing op erations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 stor age disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c 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 op erations if the pollutants are brought on or to the premises site or location in con nection with such operations by such in sured contractor or subcontractor. Howev er this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubri cants or other operating fluids which are needed to perform the normal elec trical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids es cape from a vehicle part designed to hold store or receive them. This excep tion does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lubri cants 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 subcon tractor 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 build ing in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. IS0 Properties Inc. 2000 Page 3 of 16 CG 00011001 | 1 |
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 op erations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollu tants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of pollutants. However this paragraph does not apply to lia bility for damages because of property dam age that the insured would have in the ab sence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmen tal authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or un loading. 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 occur rence which caused the bodily injury or proper ty damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rent ed or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own orrent 2 Awatercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of air craft or watercraft or Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. 4 s. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition in cident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.. Damage To Property Property damage to 1 Property you own rent or occupy 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you 63 Personal property in the care custody or con trol of the insured That particular part of real property on which you or any contractors or subcontractors work ing directly or indirectly on your behalf are per forming operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. s 6 Page 4 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance ap plies to Damage To Premises Rented To You as de scribed in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occu pied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured aris ing 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 af ter it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense in curred by you or others for the loss of use with drawal recall inspection repair replacement ad justment 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 per son or organization because of a known or sus pected defect deficiency inadequacy or dangerous condition in it. 0. Personal And Advertising Injury Bodily injury arising out of personal and adver tising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occu pied 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 in surance 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 in surance 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 Ill 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. IS0 Properties Inc. 2000 Page 5 of 16 CG 00011001 | 1 |
No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publi cation took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the in sured has assumed liability in a contract or agree ment. This exclusion does not apply to liability for damages that the insured would have in the ab sence of the contract or agreement. f. 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 advertise ment. g Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement.. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copyright trade dress or slogan. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or tele casting 63 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 Para graphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcast ing publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Page 6 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s po tential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollu tants at any time. n. Pollution Related 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 con tain treat detoxify or neutralize or in any way respond to or assess the effects of pollu tants or 63 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. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage terri tory 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 of ten 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 acci dent 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are paya ble or must be provided under a workers compen sation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. h. war Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. IS0 Properties Inc. 2000 Page 7 of 16 CG 00011001 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Li ability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of in surance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de fense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All costs taxed against the insured in the suit. 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 be fore 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 n 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. 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 de mands 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 coordi nating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information relat ed 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 nec essary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Pay ments. 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 prop erty damage and will not reduce the limits of insur ance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation ex penses 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 8 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
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 con duct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with re spect to the conduct of your business. Your man agers 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 in sured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are al so 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. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your execu tive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited li ability 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 com pany to a coemployee while in the course of his or her employment or per forming duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury de scribed 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 c a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volun teer worker or any organization while acting as your real estate manager. c. Any person or organization having proper tempo rary 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 ap pointed. 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. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any oth er person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equip ment and only if no other insurance of any kind is available to that person or organization for this liabil ity. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the em ployer of any person who is an insured under this provision. IS0 Properties Inc. 2000 Page 9 of 16 CG 00011001 | 1 |
4. 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 or ganization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organi zation 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 ac quired or formed the organization and c. Coverage B does not apply to personal and adver tising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages be cause of bodily injury or property damage in cluded in the products completed operations haz ard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage in cluded in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or or ganization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of dam age by fire while rented to you or temporarily occu pied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical ex penses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply sepa rately to each consecutive annual period and to any re maining 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 Insur ance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the in sured s estate will not relieve us of our obligations un der this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured per sons and witnesses and 3 The nature and location of any injury or dam age arising out of the occurrence or offense Page 10 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other in formation 3 Cooperate with us in the investigation or set tlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obliga tion 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 Cov erage 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 in sured 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 fol lows a. Primary Insurance This insurance is primary except when b. below ap plies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. be low. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property dam age to premises rented to you or tempo rarily occupied by you with permission of the owner or If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 1 Coverage A Bodily Injury And Property Damage Liability. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by at tachment of an endorsement. b d IS0 Properties Inc. 2000 Page 11 of 16 CG 00011001 | 1 |
When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this in surance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Un der this approach each insurer contributes equal amounts until it has paid its applicable limit of in surance or none of the loss remains whichever comes first. If any of the other insurance does not permit con tribution by equal shares we will contribute by lim its. Under this method each insurer s share is based on the ratio of its applicable limit of insur ance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the ex cess 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 re quest.. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market seg ments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Page 12 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
3.Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territo ries and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar elec tronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrolla ble or breaks out from where it was intended to be. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient in adequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agree ment. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition opera tions on or within 50 feet of a railroad d. An obligation as required by ordinance to indem nify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement per taining to your business including an indemnifica tion of a municipality in connection with work per formed 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 con tract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel un derpass or crossing 63 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 Under which the insured if an architect engi neer or surveyor assumes liability for an injury or damage arising out of the insured s render ing or failure to render professional services including those listed in 2 above and supervi sory inspection architectural or engineering activities. IS0 Properties Inc. 2000 Page 13 of 16 CG 00011001 | 1 |
10. 11. 12. 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 proper ty a. After it is moved from the place where it is accept ed for movement into or onto an aircraft water craft 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 de vice other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators includ ing spraying welding building cleaning geo physical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 13. 14. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered au tos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators includ ing spraying welding building cleaning geo physical exploration lighting and well servicing equipment. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions.. Personal and advertising injury means injury includ ing 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 organi zation 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 ad vertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 14 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste in cludes materials to be recycled reconditioned or re claimed. 16. Products completed operations hazard a. b. 63 3 Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work ex cept 1 Products that are still in your physical posses sion or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the follow ing times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance cor rection repair or replacement but which is otherwise complete will be treated as com pleted. Does not include bodily injury or property dam age arising out of b c 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classifica tion listed in the Declarations or in a policy schedule states that products completed op erations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physical ly 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 infor mation 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 pro cessing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or per sonal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceed ing in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload con ditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties de termined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real proper ty 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. IS0 Properties Inc. 2000 Page 15 of 16 CG 00011001 | 1 |
b. Includes 1 Warranties or representations made at any time with respect to the fitness quality dura bility performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality dura bility performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT Named Insured Jared Ware Construction Effective Date of Endorsement 06102019 1201AM at the Named Insured address shown on the Declarations Return Prem 0 Attached To and Forming Part of Policy 01000396483 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE COVERAGE AMOUNT AND BASIS OF DEDUCTIBLE PER CLAIM AMOUNT AND BASIS OF DEDUCTIBLE PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability combined 2500 APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury property damage or personal and advertising injury however caused A. CAS2004 0110 I Our obligation under the Bodily Injury Liability Property Damage Liability Personal and Advertising Injury or any other coverages provided by this policy to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. The deductible amounts stated above will include all loss payments adjusting investigative and legal fees and costs and all other direct costs related to the investigation defense and settlement of a claim or suit regardless of whether or not any loss payment is made. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the Coverage and to the Basis of the Deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage c. Under Personal and Advertising Injury Liability to all damages sustained by any one person or organization because of personal and advertising injury liability or d. Under Bodily Injury Liability andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability combined to all damages injury and medical expenses sustained by any one person or organization as the result of any one occurrence or offense. Page 1 of 2 Page 1 of 2 | 2 |
If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. N. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injt b. Under Property Damage Liability Coverage to all damages because of property damage c. Under Personal and Advertising Injury Liability to all damages because of personal and advertising injury liability or d. Under Bodily Injury Liability andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability combined to all damages injury and medical expenses as the result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense. C. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. D. We may pay any part or the entire deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 2 of 2 CAS2004 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON CONDITIONS CASUALTY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Addi al Premium Return Prem 50 S0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE This insurance is amended by adding the following provisions CANCELLATION a. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if we cancel for non payment of premium or 2 Thirty 30 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. If notice is mailed proof of mailing will be sufficient proof of notice. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the first named insured any refund due subject to the minimum earned premium provisions of the policy. If we cancel for reasons other than non payment of premium the refund will be pro rata. If we cancel due to non payment of premium or if the first named insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. NON RENEWAL the When We Do Not Renew Condition of the policy is deleted and replaced with the following a. If we elect not to renew this policy we shall mail written notice to the first named insured at the address shown in the declarations. Such written notice of non renewal shall be mailed at least thirty 30 days prior to the end of the policy period. b. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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. TERMS CONDITIONS AND PREMIUMS The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. On each renewal continuation or anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium and may amend the terms and conditions of the policy in accordance with the rates and rules then in effect. Page 1of 3 CAS2007 0817 | 2 |
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. 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. SERVICE OF SUIT In the event of the failure of the Company to pay any amount claimed to be due under this Policy the Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America or Canada. All matters arising under this Policy shall be determined in accordance with the choice of law rules of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company s rights to commence an action in any Court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy. In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process. Pursuant to any statute of any state territory or district of the United States of America the Company designates the Superintendent Commissioner or Director of Insurance or other officer specified for the purpose in the statute or his successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary under this Policy arising out of this contract of insurance. The Company designates the above named as the person to whom said officer is authorized to mail such process or a true copy of such process. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US the Transfer Of Rights Of Recovery Against Others To Us Condition of the policy is deleted and replaced with the following If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another those rights are transferred to us. That person or organization 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. LEGAL ACTION AGAINST US the Legal Action Against Us Condition of the policy is deleted and replaced with the following No one may bring a legal action against us under this Policy unless there has been full compliance with all of the terms of this Policy. No suit action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless it is commenced within twelve 12 months next after discovery by the insured of the occurrence which gives rise to the claim provided however that if by the laws of the state within which this Policy is issued such limitation is invalid then any such claims shall be void unless such action suit or proceeding is commenced within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. Page 2 of 3 CAS2007 0817 | 2 |
BINDING ARBITRATION All disputes under this policy shall be subject to binding arbitration as follows a. All disputes over coverage or any rights afforded under this policy including whether an entity or person is a named insured an insured an additional insured or entitled to coverage under the Supplementary Payments provisions of this policy or the effect of any applicable statutes or common law upon the contractual obligations owed shall be submitted to binding arbitration which shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration. The arbitration forum and process shall be agreed to by the parties. In the event the parties can not agree on an arbitration forum and process the matter shall be submitted to the American Arbitration Association. The Arbitration shall be before a panel of three arbitrators unless the parties agree to one arbitrator all of whom shall have experience in insurance coverage of the type afforded by this policy. If the parties select a panel of three arbitrators each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process. In the event of a single arbitrator the cost shall be shared equally by the parties. The decision of the arbitration is final and binding on the parties. b. All disputes regarding payments owed under this policy for any deductible or premium including but not limited to any audit premium shall be settled by binding arbitration administered by the American Arbitration Association in accordance with the AAA Expedited Procedures. This arbitration shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration. Each party will provide relevant documents in support of its position. In order to eliminate undue burden and expense there shall be no other discovery allowed. The arbitration will be based solely on the documents submitted by the parties and there shall be no in person or oral hearing. The disputes shall be decided by a single arbitrator. The arbitrator s decision shall be accompanied by a reasoned opinion and shall be binding upon all parties. Any judgment or award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such judgment or award. Each party shall bear its own costs and expenses and an equal share of the arbitrator s fee and any administrative fees associated with the arbitration. Except as may be required by law neither a party nor the arbitrator may disclose the existence content or results of any arbitration hereunder without the prior written consent of both parties. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 3 of 3 CAS2007 0817 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BASIS OF PREMIUM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations al Premium. Return Prem 0 0 Addi The basis used for determining the premium charge for each classification is indicated in the Classification and Premium section of the Declarations. The definition of each basis of premium is as follows A. Acres The total amount of acreage at the insured premises. The rates apply per acre. B. Admissions The total number of persons other than employees of the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. C. Area The total number of square feet of floor space at the insured premises computed as follows 1. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following a. Courts and mezzanine types of floor openings. b. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 2. For tenants determine the area they occupy in the same manner as for entire buildings. 3. The rates apply per 1000 square feet of area. D. Each This basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the classification footnotes such as per person. E. Flat Charge A fixed non variable amount. F. Gross Domestic Sales 1. Definition The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. Allgoods or products sold or distributed in the United States b. Operations performing during the policy period in the United States c. Rentals within the United States and d. Dues or fees arising out of operations within the United States. 2. Inclusions The following items shall not be deducted from gross domestic sales a. Freight allowance to customers b. Total sales of consigned goods and warehouse receipts c. Trade or cash discounts ADF4002 0817 Page 10f4 Page 1of4 | 2 |
Bad debts Repossession of items sold on installments amount actually collected To the extent that coverage is provided by this policy foreign sales Sales attributable to business activities with other companies or individuals that have provided evidence of their own insurance and h. Rebates paid. o 3. Exclusions The following items shall be deducted from gross domestic sales Sales or excise taxes which are collected and submitted to a governmental division Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods Finance charges for items sold on installments Freight charges on sales if freight is charged as a separate item on customers invoice Royalty income from patent rights or copyrights which are not product sales Rental receipts for products liability coverage only Intercompany sales between companies included on this policy as Named insureds Sales derived from work performed under a wrap up insurance program or Owner Controlled or Contractor Controlled Insurance Programs OCIP or CCIP and i. Rebates received. STmompanoe 4. Application The rates apply per 1000 of Gross Domestic Sales. G. Gross Sales 1. Definition The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. All goods or products sold or distributed b. Operations performed during the policy period c. Rentals and d. Dues or fees. 2. Inclusions The following items shall not be deducted from gross sales Freight allowance to customers Total sales of consigned goods and warehouse receipts Trade or cash discounts Bad debts Repossession of items sold on installments amount actually collected To the extent that coverage is provided by this policy foreign sales Sales attributable to business activities with other companies or individuals that have provided evidence of their own insurance and h. Rebates paid. mrpao o 3. Exclusions The following items shall be deducted from gross sales Sales or excise taxes which are collected and submitted to a governmental division Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods Finance charges for items sold on installments Freight charges on sales if freight is charged as a separate item on customers invoice Royalty income from patent rights or copyrights which are not product sales Rental receipts for products liability coverage only Intercompany sales between companies included on this policy as Named insureds Sales derived from work performed under a wrap up insurance program or Owner Controlled or Contractor Controlled Insurance Program OCIP or CCIP and i. Rebates received. Smompanoe 4. Application ADF4002 0817 Page2of 4 Page 2 of 4 | 2 |
The rates apply per 1000 of Gross Sales. H. Payroll 1. Definition a. Payroll means remuneration. b. Remuneration means money or substitutes for money. 2. Inclusions Payroll includes the following items a. noon o o. Commissions Bonuses Extra pay for overtime work except as provided in Paragraph H.4. Pay for holidays vacations or periods of sickness Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as the Federal Social Security Act Payment to employees on any basis other than time worked such as piecework profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations The value of lodging other than an apartment or house received by employees as part of their pay to the extent shown in the insured s records The value of meals received by employees as part of their pay to the extent shown in the insured s records The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment. The payroll of executive officers of a corporation and individual insureds and co partners. For the purposes of payroll determination managers of limited liability companies shall be considered executive officers and members of limited liability companies shall be considered co partners 1 The executive officers of a corporation are those persons holding any of the officer positions created by the named insured s charter constitution or by laws or any other similar governing document. 2 The payroll of all executive officers of a corporation and individual insureds or co partners engaged principally in clerical operations or as salespersons and officers and co partners who are inactive for the entire policy period shall not be included for premium purposes. 3 For part time or seasonal businesses the payroll amounts may be reduced by 2 percent for each full calendar week in excess of twelve during which the risk performs no operations. The payroll of leased workers furnished to the named insured by a labor leasing firm. 1 Premium on such payroll shall be based on the classifications and rates that would have applied if the leased workers had been the direct employees of the named insured. If payroll is unavailable use 100 of the total cost of the contract for leased workers as the payroll of leased workers. The premium shall be charged on that amount as payroll. 2 If investigation of a specific employee leasing contract discloses that a definite amount of the contract price represents payroll such amount shall be considered payroll for premium computation purposes. Fees paid to employment agencies for temporary personnel provided to the insured. 3. Exclusions a. b. c ADF4002 0817 Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees other than payments covered by Paragraph H.2.e. The value of special rewards for individual invention or discovery Page3of4 Page3of4 | 2 |
d. Dismissal or severance payments except for time worked or accrued vacation e. The payroll of clerical office employees i. Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises i. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer. This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. g. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The payroll of these draftsmen shall be assigned to the classification Draftsmen Code 91805. 4. Overtime a. Definition Overtime means those hours worked for which there is an increase in the rate of pay 1 For work in any day or in any week in excess of the number of hours normally worked or 2 For hours worked in excess of 8 hours in any day or 40 hours in any week or 3 For work on Saturdays Sundays or Holidays. In the case of guaranteed wage agreements overtime means only those hours worked in excess of the number specified in such agreement. b. Exclusion of Overtime Payroll The extra pay for overtime shall be excluded from the payroll on which premium is computed as indicated in 1 or 2 provided the insured s books and records are maintained to show overtime pay separately by employee and in summary by classification. 1 If the records show separately the extra pay earned for overtime the entire extra pay shall be excluded. 2 If the records show the total pay earned for overtime regular pay plus overtime pay in one combined amount 13 of this total pay shall be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately 12 of the total pay for double time shall be excluded. Exclusion of overtime pay does not apply to payroll assigned to the Stevedoring classifications. 5. Application The rates apply per 1000 of payroll. I. Total Cost The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work however do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of Total Cost. J. Units A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 4 of 4 ADF4002 0817 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMPOSITE RATE ENDORSEMENT Named Insured Jared Ware Construction Effective Date of Endorsement 06102019 1201AM at the Named Insured address shown on the Declarations Return Prem 0 Attached To and Forming Part of Policy 01000396483 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS SCHEDULE Rate Premium Basis 6.2209 per 1000 Gross Sales The premium stated in the Declarations of this policy is an estimated premium only. Upon expiration or cancellation of the policy the earned premium shall be computed by applying the rate shown in the Schedule above as it applies to the premium basis shown in the Schedule above. If the earned premium thus computed exceeds the estimated premium paid you shall pay the excess to us. A complete re survey of the exposures and revision of rate may be made at any time at our request. You agree to notify us at any time your operations or exposures change. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 ADF4005 0212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US BLANKET Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 01000396483 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE SECTION IV CONDITIONS 8. Transfer of Rights of Recovery against Others to Us is amended by the addition of the following We waive any right of recovery we may have against persons or organizations because of payments we make for injury or damage arising out of your work done under a written contract with that person or organization wherein you have agreed to provide this waiver. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4002 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY LIMITATION AMENDED AGGREGATE PER PROJECT OR LOCATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE General Aggregate applies to EACH LOCATION in the amount of Total ALL LOCATIONS Aggregate Limit General Aggregate applies to EACH PROJECT in the amount of 2000000 Total ALL PROJECTS Aggregate Limit 5000000 SECTION Il LIMITS OF INSURANCE 2 is amended by the addition of the following d. The General Aggregate Limit applies separately to each project of the Named Insured or to each location of the Named Insured as indicated in the Schedule above. Notwithstanding the application of the General Aggregate Limit to each project or each location of the Named Insured under no circumstances will we pay more than the TOTAL ALL LOCATIONS AGGREGATE LIMIT or the TOTAL ALL PROJECTS AGGREGATE LIMIT shown in the Schedule above for all claims arising out of all locations or all projects as applicable under this policy. The following are added to the DEFINITIONS section of this policy Project means all work done by you or on your behalf away from premises owned or rented to you to complete an individual bid or negotiated contract to provide services for a specified period of time. Multiple jobs work orders purchase orders change orders or work done at multiple locations under one contract are not separate projects within the meaning of this coverage. Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4005 0310 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 01000396483 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE SCHEDULE Minimum and Deposit Premium 100 Percentage of Minimum Premium retained 25 This endorsement sets forth the minimum earned premium for this policy. The minimum earned premium for this policy is calculated as follows 1 The minimum and deposit premium for this policy is shown in item A. of the Schedule above and is a percentage of the total policy premium shown on the Declarations page of the policy plus any premium adjustments by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum and deposit premium described in paragraph 1. above. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than the percentage that is shown in item B. of the Schedule above of the minimum and deposit premium described in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than the percentage that is shown in item B. of the Schedule above of the minimum and deposit premium described in paragraph 1. above. If the Company cancels the policy for any reason other than nonpayment of premium then the insured will be returned the full amount of the unearned premium as determined by premium audit and without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4018 0411 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION INDEPENDENT CONTRACTORS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations al Premium Return Premi 0 0 Addi This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE The following exclusion is added to this policy This insurance does not apply to any claim or suit for bodily injury property damage or personal and advertising injury arising directly or indirectly out of related to or in any way involving acts of independent contractors or subcontractors contracted by you or on your behalf unless at the time the bodily injury property damage or personal and advertising injury occurs 1. The independent contractor or subcontractor contracted by you or on your behalf a. Maintains insurance coverage with limits of insurance equal to or greater than the insurance coverage and limits of insurance provided by this policy and b. Provides you with an endorsement or certificate of insurance indicating that you have been added to the independent contractor s or subcontractor s policy as an Additional Insured and c. Provides you with an endorsement or certificate indicating that the independent contractor s or subcontractor s insurance company has agreed to provide a Waiver of Subrogation endorsement in your favor and 2. The contracts with the independent contractor or subcontractor you have hired contain hold harmless and indemnity agreements in your favor indemnifying you against any losses or expenses arising from or related to work performed for you or on your behalf by such independent contractor or subcontractor. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4020 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT PREMIUM AUDIT CONDITIONS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE Item 5. Premium Audit in the CONDITIONS Section of this policy is deleted and replaced with the following 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium for this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. 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. We have the right but not the obligation to conduct a physical audit of records needed for premium computation after the expiration of this policy. d. Any refusal by you to maintain or provide needed reports or any refusal to allow us to conduct a physical audit of needed records will result in our developing and calculating a final audit premium based on information available to us and without your cooperation and assistance. If final premium audits calculated without your cooperation and assistance result in additional premium owed to us you are obligated and agree to pay such additional premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4029 1212 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION TAINTED DRYWALL Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations nal Premium. Return Premi 0 0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS The following exclusion is added to this policy This insurance does not apply to and the Company shall have no obligation to defend investigate or indemnify any insured for any injury or damages including any claim or suit arising out of resulting from caused or contributed to or by tainted drywall or any expenses or any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to have arisen out of same including but not limited to 1. Any actual or alleged liability loss injury or damage of any kind including but not limited to bodily injury fear of bodily injury property damage personal and advertising injury impairment of value costs or expenses arising out of related to resulting from caused by contributed to or in any other way connected with the actual or alleged manufacture creation distribution sale resale rebranding transportation storage installation repair removal disposal encapsulation release abatement replacement or handling of exposure to ingestion of testing for or failure to test for or failure to warn advise of or disclose the presence of tainted drywall whether or not the tainted drywall is or was at any time and in any form airborne contained in any product or a component part of any product carried on clothing or other items inhaled ingested absorbed transmitted in any fashion or found in any form whatsoever. 2. Any actual or alleged liability loss costs or expenses including but limited to any payment for investigation or defense fines penalties interest arising out of related to resulting from caused by contributed to or in any other way connected with any a. Removal or clean up of any tainted drywall or any products or materials containing any tainted drywall b. Actions to monitor assess or evaluate the actual or alleged or threatened release of tainted drywall or any products or materials containing any tainted drywall c. The disposal of any actual or alleged tainted drywall minimize or mitigate any damages to the public health or welfare or to the environment d. The request demand order governmental authority or directive or that of any private party or citizen or the taking of any action necessary to prevent action 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 tainted drywall e. Any litigation or administrative procedure in which any insured or others may be involved as a party in response to the effects or alleged effects of tainted drywall f. Compliance with any laws or regulations regarding tainted drywall g. Existence storage handling or transportation of any tainted drywall Page 1 of 2 ADF3001 0110 | 2 |
h. Instructions directions supervision recommendations or warranties whether implied or express or the failure to provide such instructions directions supervision recommendations or warranties Information warnings or advice that was given or the failure to provide any information warning or advice with respect to tainted drywall or Medical Monitoring. 3. Any obligation to share damages with to pay or to reimburse andor indemnify someone else in connection with items 1 or 2 above. This exclusion applies regardless of whether a. The actual or alleged damage was caused by any insured or those acting on behalf of any insured including but not limited to any contractor or subcontractor providing work for any insured Injury or damage claimed is included within the products completed operations hazard of the policy Whether or not the insured had any knowledge of the tainted drywall or An alleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. The following terms are added to the DEFINITIONS SECTION Tainted drywall means any drywall plasterboard sheetrock or gypsum board or material used in the manufacture of andor applied to the drywall plasterboard sheetrock or gypsum board which a. Produces sulfuric odors sulfuric acid or sulfuric gas including but not limited to carbon disulfide carbonyl sulfide hydrogen sulfide and strontium sulfide Causes or contributes to the corrosion or oxidation of metal including but limited to metal in pipes wiring heating lighting plumbing ventilation or air conditioning systems Causes or contributes to the corrosion or damage to any other property including but not limited to appliances fixtures electronic equipment or any other furnishings or Contains synthetic gypsum fly ash or any other material derived from coal fired power plants or arsenic or any radioactive compounds. Impairment of value means the actual or alleged diminution in value reduction or devaluation or loss of use of tangible property whether or not physically injured whether or not performed by you or on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 2 of 2 ADF3001 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100039648 3 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Addi al Premium Return Prem 50 S0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS The following exclusion is added to this policy. If the policy already includes a pollution exclusion or a pollution related exclusion such exclusions is are deleted and replaced with the following This insurance does not apply to any claim or suit for bodily injury property damage personal and advertising injury or any other injury damage or legal liability of any kind arising directly or indirectly out of related to including or in any way involving the actual alleged or threatened discharge dispersal seepage migration release escape of placement of or presence of pollutants however caused including but not limited to a. Any loss cost expense fines or penalty arising out of any i request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess same the effects of pollutants or ii any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual alleged or threatened discharge dispersal seepage migration release escape of or placement of or presence of pollutants into or upon land premises buildings the atmosphere any water course body of water aquifer or ground water whether sudden accidental or gradual in nature or not and regardless of when. b. The devaluation of property or for taking use or acquisition or interference with the rights of others in or on property or air space or any other type injury or expense. This exclusion applies regardless of fault or intent regardless of the particular cause of action or theory of liability regardless of whether a pollutant is the initial precipitating cause or is in any way a cause in the chain of events and regardless of whether any other actual or alleged cause other than a pollutant contributed concurrently proximately or in any other sequence to the bodily injury property damage personal and advertising injury or any other injury damage or legal liability. The following definition is added to the policy. If the policy already includes a definition of pollutants such definition is deleted and replaced with the following Pollutants means any solid liquid gaseous fuel lubricant thermal acoustic electrical or magnetic irritant or contaminant including but not limited to smoke vapor soot fumes fibers radiation acid alkalis petroleums chemicals or waste. Waste includes medical waste biological infectants and all other materials to be disposed of recycled stored reconditioned or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 ADF3003 0519 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NUCLEAR BIOLOGICAL OR CHEMICAL MATERIALS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 01000396483 06102019 1201AM at the Named Insured Jared Ware Construction address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS This insurance does not apply to any loss injury claim or damage arising directly or indirectly out of or relating to any activity by an individual acting alone or individuals acting as part of a group that involves any violent act including the threat of any activity or preparation for any activity that involves the use release dispersal discharge escape or application of a. Nuclear materials or directly results in nuclear reaction or radiation or radioactive contamination or b. Pathogenic or poisonous biological or chemical materials. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 ADF3010 0110 | 2 |
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