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We will not pay for loss of Business Income in any one occurrence that you incur during the period of time that a. Begins at the time of direct physical loss or damage by flood that triggers the Business Income coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour de ductible. The Deductible applicable to Business In come coverage at locations to which the Newly Acquired Locations Coverage Exten sion in the Business Income and Extra Ex pense Coverage Form or Business Income Without Extra Expense Coverage Form ap plies is the highest hour Deductible shown in the Declarations for any premises location to which this endorsement applies. No Deductible applies to Extra Expense. When a Deductible is shown in the Declara tions for Utility Service Direct Damage cov erage or Utility Services Time Element cov erage that Deductible will apply to the insur ance provided under the Utility Service Di rect Damage coverage or Utility Services Time Element coverage for loss that is attrib utable to flood to which this endorsement applies. Otherwise the above Deductible provisions apply to loss under the Utility Ser vice Direct Damage coverage or Utility Ser vices Time Element coverage that is attrib utable to flood to which this endorsement applies. Page 50of 5 DX T3021112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE 10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS EQUIPMENT BREAKDOWN This endorsement modifies insurance provided under the Deluxe Property Coverage Part. A. ADDITIONAL COVERED CAUSE OF LOSS EQUIPMENT BREAKDOWN Covered Causes of Loss and specified causes of loss are extended to include Equipment Break down meaning a Breakdown to Covered Equip ment as defined and limited in this endorsement. 1. Breakdown a. Breakdown means 1 Failure of pressure or vacuum equipment 2 Mechanical failure including rupture or bursting caused by centrifugal force or 3 Electrical failure including arcing that causes physical damage to Covered Equipment and necessitates its repair or replacement. b. Breakdown does not mean or include 1 Malfunction including but not limited to adjustment alignment calibration cleaning or modification 2 Leakage at any valve fitting shaft seal gland packing joint or connec tion 3 Damage to any vacuum tube gas tube or brush 4 Damage to any structure or founda tion supporting the Covered Equip ment or any of its parts 5 The functioning of any safety or pro tective device or 6 The cracking of any part on an inter nal combustion gas turbine exposed to the products of combustion. c. If aninitial Equipment Breakdown causes other Equipment Breakdowns all will be considered one Equipment Breakdown. All Equipment Breakdowns that manifest themselves at the same time and are the direct result of the same cause will also be considered one Equipment Break down. 2. Covered Equipment Covered Equipment means equipment of a type listed in provision 2.b. below that is 1 Atany of the following locations a At or within 1000 feet of the de scribed premises or b At any of the following locations but only to the extent that cover age for direct physical loss or damage to Covered Property at such locations or for Business In come andor Extra Expense re sulting from direct physical loss or damage to property at such lo cations is otherwise specifically insured and limited under this Coverage Part i Newly acquired or con structed property locations or within 1000 feet of such lo cations Undescribed premises or iii Dependent property loca tions and 2 a Owned or leased by you or oper ated under your control or b Owned or leased by or operated under the control of others who own lease or operate the unde scribed premises or dependent property locations where the in surance provided under this Cov erage Part applies and Page 1 of 6 DX T3 191112 2011 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 Not otherwise excluded under provi sion 2.c. below. Covered Equipment includes the follow ing types of equipment 1 Equipment designed and built to op erate under internal pressure or vac uum other than weight of contents 2 Electrical or mechanical equipment that is used in the generation trans mission or utilization of energy and 3 Fiber optic cable. Covered Equipment does not mean or in clude any 1 Electronic data processing recording or storage media such as films tapes discs drums or cells 2 Part of pressure or vacuum equip ment that is not under internal pres sure of its contents or internal vac uum Insulating or refractory material Non metallic pressure or vacuum equipment unless it is constructed and used in accordance with the American Society of Mechanical En gineers A.S.M.E. code or a Code that has been accepted by the Na tional Board of Boiler and Pressure Vessel Inspectors Catalyst Pressure vessels and piping that are buried below ground and require the excavation of materials to inspect remove repair or replace Structure foundation cabinet or compartment supporting or contain ing the Covered Equipment or part of the Covered Equipment including penstock draft tube or well casing Vehicle aircraft self propelled equipment or floating vessel includ ing any equipment mounted on or used solely with any vehicle aircraft self propelled equipment or floating vessel Dragline power shovel excavation or construction equipment including any equipment mounted on or used solely with any dragline power shovel ex cavation or construction equipment 3 4 5 6 7 8 9 10 Felt wire screen mold form pat tern die extrusion plate swing hammer grinding disc cutting blade non electrical cable chain belt rope clutch plate brake pad non metal part or any part or tool subject to pe riodic replacement 11 Astronomical telescope cyclotron nuclear reactor particle accelerator satellites andor spacecraft including satellite or spacecraft contents andor their launch sites 12 Computer equipment or electronic data processing equipment unless used to control or operate production type machinery or other equipment that is Covered Equipment 13 Equipment or any part of such equipment manufactured by you for sale or 14 Equipment while in the due course of transit. B. EQUIPMENT BREAKDOWN COVERAGE EX TENSIONS 1. Spoilage a. Under the Deluxe Property Coverage Form the insurance that applies to Your Business Personal Property and Personal Property of Others is extended to apply to direct physical loss or damage to such Covered Property that is 1 Maintained under controlled condi tions for its preservation and 2 Susceptible to loss or damage if the controlled conditions change due to spoilage resulting from lack or ex cess of power light heat steam or re frigeration that is caused solely by a Breakdown to Covered Equipment. Insurance under this Coverage Extension includes the reasonable expense you in cur to reduce or avert the spoilage loss or damage but only to the extent the amount of loss otherwise payable under this Coverage Extension is reduced. The most we will pay for loss or damage under this Coverage Extension arising out of any one Equipment Breakdown is the Spoilage Limit of Insurance shown in the Schedule of this endorsement. This limit is part of and not in addition to the Limit of DX T3 191112 Page 2 of 6 2011 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
The following additional Exclusions apply to the insurance provided by this endorsement We will not pay for loss or damage caused di rectly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a. Lack or excess of power light heat steam or refrigeration. But this Exclusion does not apply to 1 Business Income coverage or Extra Expense coverage or 2 The Spoilage Coverage Extension or Utility Services Property Coverage Extension b. Hydrostatic pneumatic or gas pressure testing of any boiler fired vessel or elec trical steam generator or c. Insulation breakdown testing of any type of electrical or electronic equipment. D. EQUIPMENT BREAKDOWN LIMITATIONS All of the Limitations that apply to this Coverage Part apply to loss or damage under this endorse ment except as follows 1. Under the Limitations contained in Section D. of the Deluxe Property Coverage Form Limi tations 1.a. and 1.b. do not apply. The following additional Limitations apply to the insurance provided by this endorsement. These Limitations are included in and do not increase the applicable Limits of Insurance. a. Ammonia Contamination Limitation The most we will pay for loss or damage to property caused by ammonia contami nation that directly results from a Break down to Covered Equipment is the Am monia Contamination Limit of Insurance shown in the Schedule of this endorse ment. This limitation does not apply to Business Income coverage or to Extra Expense coverage. b. Hazardous Substance Limitation If as a direct result of a Breakdown to Covered Equipment property is dam aged contaminated or polluted by a sub stance other than ammonia that is de clared to be hazardous to health by a governmental agency the Hazardous Substance Limit of Insurance shown in Insurance that applies to the lost or dam aged Covered Property. We will not pay for any loss or damage under this Coverage Extension that re sults from your failure to use due dili gence and dispatch and all reasonable means to protect the property from spoil age damage following a Breakdown to Covered Equipment. 2. Utility Services Property a. Subject to provision 2.b. below Covered Equipment is extended to include equip ment wherever located within the Cover age Territory that is 1 Owned operated or controlled by a local public or private utility or dis tributor that directly generates transmits distributes or provides util ity services to the described prem ises and Used to supply water communication or power services to the described premises. This Coverage Extension applies 1 Only with respect to and 2 Subject to the Limits of Insurance that apply to the insurance if any otherwise provided under this Coverage Part for loss or dam age caused by an interruption of power or other utility service supplied to the de scribed premises caused by or resulting from a Covered Cause of Loss to the util ity services equipment described in 2.a. above. 2 C. EQUIPMENT BREAKDOWN EXCLUSIONS All of the Exclusions that apply to this Coverage Part apply to loss or damage under this endorse ment except as follows 1. Under the Exclusions contained in Section C. of the Deluxe Property Coverage Form the following Exclusions do not apply a. Exclusion C.2.d. Electrical Damage or Disturbance Exclusion C.2.i.6 mechanical break down under the Other Type of Losses Exclusion and Exclusion C.2.e. Explosion. Page 3of 6 DX T3 191112 2011 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
the Schedule of this endorsement is the a. Dollar Deductible most we wil pay for If a dollar deductit 1 Any additional expenses you incur to Schedule we will clean up repair replace or dispose of damage until the an any such property that is Covered age to which the d Property under this Coverage Part ceeds the applicab and We will then pay th 2 Any increase in loss of Business In damage in excess come or Extra Expense due to the ble up to the appli additional time required to clean up ance. repair replace or dispose of the b. Time Period Deduc property provided Business Income or Extra Expense loss resulting from If a time period dedL damage to such property is otherwise Schedule we will nc insured against under this Coverage which the deductible Part. Subject to the Hazardous Sub during the specified stance Limit of Insurance the term ately following a Br period of restoration as used in the Equipment. Business Income andor Extra Ex pense insurance provided under this c. Average Daily Valu Coverage Part is extended to include If an average daily this additional period of time. shown in the Sche As used in this Limitation additional ex will be calculated as penses and increase in loss mean ex 1 For all of the penses and loss incurred beyond the ex where you incur penses and loss for which we would have Extra Expense been liable had no substance declared to down to Covere be hazardous to health by a governmen mine the total ar tal agency been involved. come that woul E. EQUIPMENT BREAKDOWN LIMITS OF IN or incurred by y SURANCE of restoration h 1. The insurance provided under this endorse Covered Equipm ment for loss or damage caused by or result 2 Divide the am ing from Equipment Breakdown is included in paragraph 1 by and does not increase the Covered Property the business wc Business Income Extra Expense and other during the perio coverage Limits of Insurance that otherwise result is the aver apply under this Coverage Part. 3 Multiply the av 2. Payments under the Equipment Breakdown paragraph 2 b Coverage Extensions will not increase the erage Daily Vi applicable Limits of Insurance. Schedule. We F. EQUIPMENT BREAKDOWN DEDUCTIBLE deductible amot 1. Unless otherwise indicated in the Schedule of would otherwise this endorsement the insurance provided un pay the amount der this endorsement for loss or damage excess of the caused by or resulting from Equipment applicable Limit Breakdown is subject to the deductibles that d. Percentage of Loss otherwise apply under this Coverage Part. L. If a deductible is exy 2. When one or more separate deductibles are age of loss in the Sc indicated in the Schedule of this endorse liable for the indicat ment each such deductible shall be applied gross amount of los separately to the applicable coverage for under the applicable which the deductible is indicated as follows PP Page 4 of 6 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Dollar Deductible If a dollar deductible is shown in the Schedule we will not pay for loss or damage until the amount of loss or dam age to which the deductible applies ex ceeds the applicable dollar deductible. We will then pay the amount of loss or damage in excess of the dollar deducti ble up to the applicable Limit of Insur ance. Time Period Deductible If a time period deductible is shown in the Schedule we will not pay for any loss to which the deductible applies that occurs during the specified time period immedi ately following a Breakdown to Covered Equipment. Average Daily Value Deductible If an average daily value deductible is shown in the Schedule this deductible will be calculated as follows 1 For all of the described premises where you incur Business Income or Extra Expense loss due to a Break down to Covered Equipment deter mine the total amount of Business In come that would have been earned or incurred by you during the period of restoration had no Breakdown to Covered Equipment occurred. 2 Divide the amount determined in paragraph 1 by the number of days the business would have been open during the period of restoration. The result is the average daily value. Multiply the average daily value in paragraph 2 by the Multiple of Av erage Daily Value shown in the Schedule. We will first subtract this deductible amount from any loss we would otherwise pay. We will then pay the amount of loss or damage in excess of the deductible up to the applicable Limit of Insurance. Percentage of Loss Deductible If a deductible is expressed as a percent age of loss in the Schedule we will not be liable for the indicated percentage of the gross amount of loss or damage insured under the applicable coverage. 3 DX T3 191112 | 2 |
1. Your last known address or 2. The address where the Covered Equipment is located. Once suspended in this way such insurance can only be reinstated by a written endorsement is sued by us. If we suspend your insurance you will get a pro rata refund of premium for that Cov ered Equipment. But the suspension will be effec tive even if we have not yet made or offered a re fund. G. EQUIPMENT BREAKDOWN ADDITIONAL CONDITION The following Additional Condition applies to the insurance provided under this endorsement Suspension If any Covered Equipment is found to be in or exposed to a dangerous condition any of our rep resentatives may immediately suspend the insur ance provided by this endorsement for loss or damage caused by or resulting from a Breakdown to that Covered Equipment. This can be done by delivering or mailing a notice of suspension to Page 50f 6 DX T3 191112 2011 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
EQUIPMENT BREAKDOWN SCHEDULE Rt NS S S S St i Limits of Insurance Spoilage 25000 unless a higher amount is shown Ammonia Contamination 25000 unless a higher amount is shown Hazardous Substance 25000 unless a higher amount is shown Deductible Exceptions Deluxe Property Coverage Part Deductibles apply to loss or damage under this en dorsement except as follows DX T3 191112 Page 6 of 6 2011 The Travelers Indemnity Company. Allrights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT UTILITY SERVICES DIRECT DAMAGE DELUXE PROPERTY COVERAGE FORM A. Coverage If indicated in the Declarations we will pay for loss of or damage to Covered Property at the de scribed premises caused by the interruption of utility service to the described premises. The in terruption of utility service must result from direct physical loss or damage by a Covered Cause of Loss to any of the Utility Supply Services Proper ties defined in Section B. below if such property is indicated in the Declarations and is 1. Located away from the described premises or 2. Located at the described premises and used to supply the utility service to the described premises from a source away from the de scribed premises. B. Utility Supply Services Properties 1. Water Supply Services Property meaning the following types of property supplying wa ter to the described premises a. Pumping stations and b. Water mains. 2. Communication Supply Services Property meaning the following types of property sup plying communication services including tele phone radio microwave or television ser vices to the described premises such as a. Communication transmission lines in cluding optic fiber transmission lines b. Coaxial cables and c. Microwave radio relays except satellites. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. 3. Power Supply Services Property meaning the following types of property supplying elec This endorsement modifies insurance provided under the following tricity steam or gas to the described prem ises a. Utility generating plants Switching stations Substations Transformers and Transmission lines. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. LIS C. Deductible We will not pay for loss or damage in any one oc currence until the amount of loss or damage ex ceeds the applicable Deductible stated in the Declarations. We will then pay the amount of loss or damage in excess of the Deductible up to the applicable Limit of Insurance. Limits of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Utility Services Direct Damage Limit of Insurance stated in the Declarations. If a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines that limit is the most we will pay for loss or dam age in any one occurrence resulting from loss or damage to Overhead Transmission Lines to which this coverage applies. This applies even if this coverage applies to both Communication Supply Services Property and Power Supply Ser vices Property. The Limits of Insurance applicable to this en dorsement are part of and not in addition to the applicable Covered Property Limits of Insur ance. Page 1 of 1 DX T3 851112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT UTILITY SERVICES TIME ELEMENT DX T3 86 11 12 This endorsement modifies insurance provided under the following DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM DELUXE EXTRA EXPENSE COVERAGE FORM A. Coverage If indicated in the Declarations your coverage for Business Income andor Extra Expense as pro vided under the applicable Coverage Form is ex tended to apply to the actual amount of such of Business Income andor Extra Expense that you incur caused by the interruption of utility service to the described premises. The interruption of util ity service must result from direct physical loss or damage by a Covered Cause of Loss to any of the Utility Services Properties defined in Section B. below if such property is indicated in the Dec larations and is 1. Located away from the described premises or 2. Located at the described premises and used to supply the utility service to the described premises from a source away from the de scribed premises. B. Utility Service Properties 1. Water Supply Services Property meaning the following types of property supplying wa ter to the described premises a. Pumping stations and b. Water mains. 2. Communication Supply Services Property meaning the following types of property sup plying communication services including telephone radio microwave or television ser vices to the described premises such as a. Communication transmission lines in cluding optic fiber transmission lines b. Coaxial cables and c. Microwave radio relays except satellites. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the 2011 The Travelers Indemnity Company. All rights reserved. Declarations for Overhead Transmission Lines. 3. Power Supply Services Property meaning the following types of property supplying elec tricity steam or gas to the described prem ises a. Utility generating plants Switching stations Substations Transformers and Transmission lines. Coverage does not include loss caused by or resulting from loss or damage to Overhead Transmission Lines unless Included or a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines. LIS C. Deductible The hour deductible that applies to Utility Ser vices Time Element is indicated in the Declara tions. We will only pay for loss of Business In come you sustain after the number of consecutive hours indicated in the Declarations following the direct physical loss or damage to the Utility Ser vices Property to which this endorsement applies. This deductible does not apply to Extra Expense. Limits of Insurance The most we will pay for loss or damage in any one occurrence is the applicable Utility Services Time Element Limit of Insurance stated in the Declarations. This limit is part of and not in addi tion to the Limits of Insurance that apply to Business Income andor Extra Expense at the described premises. If a separate Limit of Insurance is shown in the Declarations for Overhead Transmission Lines that is the most we will pay for loss or damage in any one occurrence resulting from loss or dam Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. 1 the Declarations your coverage for ome andor Extra Expense as pro the applicable Coverage Form is ex ply to the actual amount of such of ome andor Extra Expense that you by the interruption of utility service bed premises. The interruption of util ust result from direct physical loss or a Covered Cause of Loss to any of rvices Properties defined in Section such property is indicated in the Dec is away from the described premises at the described premises and used the utility service to the described from a source away from the de remises. ce Properties upply Services Property meaning ving types of property supplying wa described premises ping stations and r mains. nication Supply Services Property. | 2 |
age to Overhead Transmission Lines to which this coverage applies. This applies even if this cover age applies to both Communication Supply Ser vices Property and Power Supply Services Prop erty. This limit is part of and not in addition to the Utility Services Time Element Limit of Insurance stated in the Declarations. DX T3 86 11 12 Page 2 of 2 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse In sured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Gov ernment by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a percentage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as de fined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with calendar 81 with calendar 80 with calendar In no ever required ti sured Los aggregate be require ed that st Therefore endar yez amount of and any caused by The charg erage Par The char included and does such Inst ernment u 7 of premi ed Cit 3 of premi ignate 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. In no event however will the Federal Government be required to pay any portion of the amount of such In sured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provid ed that such Insurer has met its Insurer Deductible. Therefore if such Insured Losses occurring in a cal endar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. The charge for such Insured Losses under this Cov erage Part is included in the Coverage Part premium. The charge for such Insured Losses that has been included for this Coverage Part is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Gov ernment under TRIA 7 of your total Deluxe Property Coverage Part premium if your primary location is in a Designat ed City as listed below. 3 of your total Deluxe Property Coverage Part premium if your primary location is not in a Des ignated City as listed below. DX T40201 15 Page 1 of 2 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with ts permission. | 2 |
DELUXE PROPERTY Designated Cities are Albuguerque NM El Paso TX Miami FL San Diego CA Atlanta GA Fort Worth TX Milwaukee W1 San Antonio TX Austin TX Fresno CA Minneapolis MN San Francisco CA Baltimore MD Honolulu HI Nashville Davidson TN San Jose CA Boston MA Houston TX New Orleans LA Seattle WA Charlotte NC Indianapolis IN New York NY St. Louis MO Chicago IL Jacksonville FL Oakland CA Tucson AZ Cleveland OH Kansas City MO Oklahoma City OK Tulsa OK Colorado Springs CO Las Vegas NV Omaha NE Virginia Beach VA Columbus OH Long Beach CA Philadelphia PA Washington DC Dallas TX Los Angeles CA Phoenix AZ Wichita KS Denver CO Memphis TN Portland OR Detroit MI Mesa AZ Sacramento CA Page 2 of 2 DX T4020115 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement applies to property located in the state of Texas. This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. LEGAL ACTION AGAINST US The LEGAL ACTION AGAINST US Additional Condition H.4. found in the DELUXE PROPERTY COVERAGE FORM is replaced by the following LEGAL ACTION AGAINST US 1. No one may bring a legal action against us under this Coverage Part unless a. There has been full compliance with all of the terms of this Coverage Part and b. The action is brought within 2 years and one day from the date the cause of action first accrues. A cause of action accrues on the date the initial breach of our con tractual duties as alleged in the action. 2. With respect to loss or damage in the State of Texas caused by windstorm or hail in the ca tastrophe area as defined by the Texas In surance Code no one may bring legal action against us under this Coverage Part unless a. There has been full compliance with all the terms of this Coverage Part and b. The action is brought within three years and one day from the date of the loss or damage that is the subject of the claim. B. APPRAISAL 1. The APPRAISAL Loss Condition in the DELUXE PROPERTY COVERAGE FORM and the DELUXE EXTRA EXPENSE COV ERAGE FORM is replaced by the following APPRAISAL If we and you disagree on the amount of loss either may make written demand for an ap praisal of the loss. In this event each party will select a competent and impartial apprais er and notify the other of the appraiser se lected within 20 days of such demand. The two appraisers will select an umpire. If they can not agree within 15 days upon such um pire either may request that selection be made by a judge of a court having jurisdiction. Each appraiser will state the amount of loss. If they fail to agree they will submit their dif ferences to the umpire. A decision agreed to by any two will be binding as to the amount of loss. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal a. You will still retain your right to bring a le gal action against us subject to the provi sions of the Legal Action Against Us Ad ditional Condition and b. We will still retain our right to deny the claim. The APPRAISAL Condition in the DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORMS and the DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM is replaced by the following APPRAISAL If we and you disagree on the amount of Net Income and operating expense or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser and notify the other of the appraiser selected within 20 days of such demand. The two appraisers will select an umpire. If they can not agree within 15 days upon such um pire either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the amount of Net Income and operating expense and the amount of loss. If they fail to agree they will submit their dif ferences to the umpire. A decision agreed to by any two will be binding as to the amount of loss. Each party will a. Pay its chosen appraiser and DX 00 09 05 13 2013 The Travelers Indemnity Company. Al rights reserved Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal a. You will still retain your right to bring a le gal action against us subject to the provi sions of the Legal Action Against Us Additional Condition and b. We will still retain our right to deny the claim. C. Under the Duties In The Event Of Loss Or Dam age Loss Condition a. Paragraph a.2 is replaced by the following 2 Give us prompt notice of the loss or dam age. Include a description of the property involved. However with respect to loss or damage in the State of Texas caused by windstorm or hail in the catastrophe area as defined by the Texas Insurance Code any claim must be filed with us not later than one year after the date of loss or damage that is the subject of the claim except that a claim may be filed after the first anniversary of the date of the loss or damage for good cause shown by the person filing the claim. b. The provision requiring signed sworn proof of loss is replaced by the following Send us a signed sworn proof of loss con taining the information we request to investi gate the claim. You must do this within 91 days after our request. We will supply you with the necessary forms. D. Under the LOSS PAYMENT CONDITION the provisions pertaining to notice of our intentions and the time period for payment of claims are de leted and replaced by the following 1. Claims Handling a. Within 15 days after we receive written notice of claim we will 1 Acknowledge receipt of the claim. If we do not acknowledge receipt of the claim in writing we will keep a record of the date method and content of the acknowledgment Begin any investigation of the claim and Request a signed sworn proof of loss specify the information you must provide and supply you with the nec essary forms. We may request more information at a later date if during 2 3 the investigation of the claim such additional information is necessary. b. We will notify you in writing as to whether 1 The claim or part of the claim will be paid 2 The claim or part of the claim has been denied and inform you of the reasons for denial 3 More information is necessary or 4 We need additional time to reach a decision. If we need additional time we will inform you of the reasons for such need. We will provide notification as described in b.1 through b.4 above within 1 15 business days after we receive the signed sworn proof of loss and all in formation we requested or 30 days after we receive the signed sworn proof of loss and all infor mation we requested if we have rea son to believe the loss resulted from arson. If we have notified you that we need addi tional time to reach a decision we must then either approve or deny the claim within 45 days of such notice. 2. We will pay for covered loss or damage within 5 business days after a. We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss or b. An appraisal award has been made. However if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this Coverage Part we will make payment within 5 business days after the date you have complied with such terms. The following paragraphs are added 3. Catastrophe Claims If a claim results from a weather related ca tastrophe or a major natural disaster the claim handling and claim payment deadlines described in D.1. and D.2. above are extend ed for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which DX 00 09 05 13 Page 2 of 3 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY 2 Submits a signed sworn proof of loss within 91 days after receiving notice from us of your failure to do so and 3 Has notified us of any change in owner ship occupancy or substantial change in risk known to the mortgage holder. Al of the terms of this Coverage Part will then apply directly to the mortgage holder. If we cancel this policy we will give written notice to the mortgage holder at least 1 14 days before the effective date of can cellation if we cancel for your nonpay ment of premium or 2 60 days before the effective date of can cellation if we cancel for any other rea son. G. The following is added to Paragraph D.1. in the Duties in the Event of Accident Claim or Suit loss condition in the LEGAL LIABILITY COVERAGE FORM We will notify the first Named Insured in writing of 1. An initial offer to settle a claim made or suit brought against the insured under this cover age. The notice will be given not later than the 10th day after the date on which the offer is made. Any settlement of a claim made or suit brought against the insured under this cover age. The notice will be given not later than the 30th day after the date of the settlement. 1 Is declared a disaster under the Texas Disaster Act of 1975 or 2 Is determined to be a catastrophe by the Texas Department of Insurance. 4. The term business day as used in the LOSS PAYMENT CONDITION means a day other than Saturday Sunday or a holiday recognized by the state of Texas. E. The following is added to the VALUATION Loss Condition Section 862.053. Fire Insurance Total Loss of Real Property. A fire insurance policy in case of total loss by fire of property insured shall be held and considered to be a liquidated demand against the Company for the full amount of such policy. The provisions of this Article shall not apply to personal property. F. Paragraphs d. and f. of the MORTGAGE HOLD ERS ADDITIONAL CONDITION are replaced by the following d. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part the mortgage holder will still have the right to receive loss payment if the mortgage holder 1 Pays any premium due under this Cover age Part at our request if you have failed to do so Page 3 of 3 DX 0009 05 13 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA CHANGES DX 01180214 DELUXE PROPERTY COVERAGE FORM A. The ADDITIONAL CONDITIONS Legal Action Against Us is replaced by the following Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless 1. There has been full compliance with all of the terms of this Coverage Part and 2. The action is brought within 3 years after the date on which the direct physical loss or damage occurred. If loss or damage to Covered Property in the Beach Territory is caused by or results from Windstorm or Hail the following additional exclu sion applies Windstorm or Hail Exterior Paint and Water proofing Exclusion We will not pay for loss or damage to 1. Paint or 2. Waterproofing material applied to the exterior of Buildings. We will not include the value of paint or water proofing material to determine the value of Cov ered Property when applying the Coinsurance Condition. The Beach Territory consists of localities south and east of the Inland Waterway 1. From the South Carolina line to Fort Macon Beaufort Inlet 2. From there south and east of Core Pamlico Roanoke and Currituck Sounds to the Virginia line generally known as the Outer Banks. LOSS CONDITIONS Valuation is amended to include the following s. We will not pay on a replacement cost basis for any loss or damage 1 Until the lost or damaged property is ac tually repaired or replaced a On the described premises or b At some other location in the State of North Carolina and 2014 The Travelers Indemnity Company. All right reserved. This endorsement modifies insurance provided under the following 2 Unless the repairs or replacement are made as soon as reasonably possible af ter the damage.. The LOSS CONDITIONS Appraisal is replaced by the following Appraisal If we and you disagree on the value of the prop erty or the amount of loss either may make writ ten demand for an appraisal of the loss. In this event each party will select a competent and im partial appraiser. You and we must notify the other of the appraiser selected within 20 days of the written demand for appraisal. The two ap praisers will select an umpire. If the appraisers do not agree on the selection of an umpire within 15 days they must request selection of an umpire by a judge of a court having jurisdiction. The ap praisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be the ap praised value of the property or amount of loss. If you make a written demand for an appraisal of the loss each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally.. The following is added to ADDITIONAL CONDI TIONS Time Period for Performance of Contractual Obligations Whenever a state of disorder is proclaimed for the state of North Carolina or for an area within this state in accordance with state law or whenever a major disaster is declared for North Carolina or an area within this state by the President of the United States under the Stafford Act or it s suc cessors the following provisions apply 1. If the Covered Property that has sustained loss or damage is located within the geo graphic area designated in the disaster decla ration or proclamation the time period for your submission of a proof of loss as set forth in the Duties In The Event Of Loss Or Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX 01180214 2014 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY Damage Condition or similar provision in the Coverage Part or in an endorsement attached to this Coverage Part shall be extended by a time period not exceeding the earlier of a. The expiration of the disaster proclama tion or declaration and all renewals of the proclamation or b. The expiration of the Insurance Commis sioner s order declaring action for the specific disaster as determined by the Insurance Commissioner. Except as otherwise provided in Paragraph 1. the following applies if you or we reside in or are located in the geographic area desig nated in the disaster declaration or proclama tion If this Coverage Part or an endorsement attached to this Coverage Part imposes a time limitation on you or us for a performance of a. A premium or debt payment or b. Any other duty or any act including transmit tal of information under the terms of this Coverage Part and such performance would be required during the time period prior to the expiration of the Insurance Commissioner s order declaring action for the specific disaster as determined by the Insurance Commissioner your performance and our per formance is subject to a deferral period of 30 days. The Commissioner of Insurance may ex tend such deferral period. DX 01180214 Page 2 of 2 2014 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. The following provision applies when a b. Coinsurance percentage is shown in the Declarations C. Parag Florida law states as follows Condi Coinsurance contract The rate charged in this within policy is based upon the use of the coinsurance dama clause attached to this policy with the consent of Provic the Insured. this C B. The following is added or dar If windstorm is a Covered Cause of Loss and loss or damage to Covered Property is caused by or results from windstorm the following exclusion applies in 2 1. Broward County 2. Dade County 3. Martin County 4. Monroe County 5. Palm Beach County and 6. All the areas east of the west bank of the Intra Coastal Waterway in the Counties of a. Indian River and b. St Lucie. Windstorm Exterior Paint And Waterproofing Exclusion We will not pay for loss or damage caused by P windstorm to 1. Paint or 2. Waterproofing material b applied to the exterior of buildings unless the building to which such loss or damage occurs also sustains other loss or damage by windstorm in the course of the same storm event. But such c coverage applies only if windstorm is a Covered Cause of Loss. When loss or damage to exterior paint or waterproofing material is excluded we will not D. Throu include the value of paint or waterproofing sinkhc material to determine the fo a. The amount of the Windstorm or Hail 1. T Deductible or re DX 01250316 2016 The Travelers Indemnity Company. All Includes copyrighted material of Insurance Services Offic provision applies when a rcentage is shown in the as follows tract The rate charged in this pon the use of the coinsurance o this policy with the consent of dded Covered Cause of Loss and loss vered Property is caused by or dstorm the following exclusion nty i ty County and east of the west bank of the Waterway in the Counties of ver and rior Paint And Waterproofing for loss or damage caused by g material xterior of buildings unless the 1 such loss or damage occurs er loss or damage by windstorm the same storm event. But such only if windstorm is a Covered damage to exterior paint or aterial is excluded we will not ue of paint or waterproofing nine unt of the Windstorm or Hail e or b. The value of Covered Property when applying the Coinsurance Condition. C. Paragraph G.4.j. of the Loss Payment Loss Condition which deals with the number of days within which we must pay for covered loss or damage is replaced by the following Provided you have complied with all the terms of this Coverage Part we will pay for covered loss or damage upon the earliest of the following 1 Within 20 days after we receive the sworn proof of loss and reach written agreement with you 2 Within 30 days after we receive the sworn proof of loss and a Thereis an entry of a final judgment or b There is a filing of an appraisal award with us or 3 Within 90 days of receiving notice of an initial reopened or supplemental claim unless we deny the claim during that time or factors beyond our control reasonably prevent such payment. If a portion of the claim is denied then the 90 day period for payment of claim relates to the portion of the claim that is not denied. Paragraph 3 applies only to the following A claim under a policy covering residential property b A claim for building or contents coverage if the insured structure is 10000 square feet or less and the policy covers only locations in Florida or c A claim for contents coverage under a tenant s policy if the rented premises are 10000 square feet or less and the policy covers only locations in Florida. D. Throughout this Coverage Part references to sinkhole collapse mean Sinkhole Loss subject to the following 1. The definition of sinkhole collapse is replaced by the following 2016 The Travelers Indemnity Company. Al rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office Inc. with s permission. Page 1 of 4 | 2 |
DELUXE PROPERTY Sinkhole Loss meaning loss or damage to Covered Property when structural damage to the building including the foundation is caused by settlement or systematic weakening of the earth supporting the building only if the settlement or systematic weakening results from contemporaneous movement or raveling of soils sediments or rock materials into subterranean voids created by the effect of water on a limestone or similar rock formation. 2. Coverage for Sinkhole Loss includes stabilization of the building including land stabilization and repair to the foundation provided such work is in accordance with the requirements of Florida Insurance Law and in accordance with the recommendation of a professional engineer and with notice to you. The professional engineer must be selected or approved by us. However until you enter into a contract for performance of building stabilization andor foundation repair in accordance with the recommendations of the professional engineer as set forth in a report from us a. We will not pay for underpinning or grouting or any other repair technique performed below the existing foundation of the building and b. Our payment for Sinkhole Loss to Covered Property may be limited to the actual cash value of the loss to such property. You must enter into a contract for the performance of building stabilization andor foundation repair in accordance with the aforementioned recommendations within 90 days after we notify you that there is coverage for your Sinkhole Loss. After you have entered into such contract we will pay the amounts necessary to begin and perform such repairs as the work is performed and the expenses are incurred. However if the professional engineer determines prior to your entering into the aforementioned contract or prior to the start of repair work that the repairs will exceed the applicable Limit of Insurance we must either complete the recommended repairs or pay that Limit of Insurance upon such determination. If the aforementioned determination is made during the course of repair work and we have begun making payments for the work performed we Page 2 of 4 2016 The Travelers Indemnit Includes copyrighted material of Insuranc s meaning loss or damage to perty when structural damage ng including the foundation is settlement or systematic of the earth supporting the if the settlement or systematic esults from contemporaneous raveling of soils sediments or als into subterranean voids e effect of water on a limestone formation. or Sinkhole Loss includes of the building including land and repair to the foundation h work is in accordance with the of Florida Insurance Law and in with the recommendation of a engineer and with notice to you. onal engineer must be selected by us. However until you enter act for performance of building andor foundation repair in vith the recommendations of the engineer as set forth in a report not pay for underpinning or or any other repair technique d below the existing foundation Iding and ment for Sinkhole Loss to Property may be limited to the ish value of the loss to such enter into a contract for the of building stabilization andor epair in accordance with the ed recommendations within 90 we notify you that there is your Sinkhole Loss. After you into such contract we will pay necessary to begin and perform as the work is performed and the re incurred. However if the engineer determines prior to g into the aforementioned rior to the start of repair work airs will exceed the applicable rance we must either complete nded repairs or pay that Limit of on such determination. If the ed determination is made during repair work and we have begun ents for the work performed we 2016 The Travelers Indemnity Company. Al rights reserved. must either complete the recommended repairs or pay only the remaining portion of the applicable Limit of Insurance upon such determination. The most we will pay for the total of all Sinkhole Loss including building and land stabilization and foundation repairs is the applicable Limit of Insurance on the affected building. The stabilization and all other repairs to the Covered Property must be completed within 12 months after entering into the contract for the performance of these repairs unless a. There is a mutual agreement between you and us b. The claim is involved with the neutral evaluation process c. Theclaimis in litigation or d. The claimis under appraisal or mediation. Sinkhole Loss does not include a. Sinking or collapse of land into man made underground cavities or b. Earthquake. The Earth Movement exclusion and the Collapse exclusion do not apply to the coverage provided for Sinkhole Loss. With respect to a claim for alleged Sinkhole Loss the following provision is added Following receipt by us of a report from a professional engineer or a professional geologist on the cause of loss and recommendations for land stabilization and repair of property or if we deny your claim we will notify you of your right to participate in a neutral evaluation program administered by the Florida Department of Financial Services hereinafter referred to as the Department. For alleged Sinkhole Loss to commercial residential properties this program applies instead of any mediation procedure set forth elsewhere in this policy but does not invalidate the Appraisal Condition. You or we may file a request with the Department for neutral evaluation the other party must comply with such request. We will pay reasonable costs associated with the neutral evaluation regardless of which party makes the request. But if a party chooses to hire a court reporter or stenographer to contemporaneously record and document the neutral evaluation that party must bear the costs of those services. The neutral evaluator will be selected from a list maintained by the DX 012503 16 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY Department. The recommendation of the neutral evaluator will not be binding on you or us. Participation in the neutral evaluation program does not change your right to file suit against us in accordance with the Legal Action Against Us Condition in this policy except that the time for filing suit is extended for a period of 60 days following the conclusion of the neutral evaluation process or five years whichever is later. 6. Coverage for Sinkhole Loss does not increase the applicable Limit of Insurance. Even if loss or damage qualifies under or includes both Catastrophic Ground Cover Collapse addressed under paragraph E. and Sinkhole Loss only one Limit of Insurance will apply to such loss or damage. E. The following is added to this Coverage Part as a Covered Cause of Loss and a specified cause of loss. However the following is not added as a cause of loss that applies with respect to the coverage provided under the Collapse exclusion in Section C.2.a. Catastrophic Ground Cover Collapse We will pay for direct physical loss or damage to Covered Property caused by or resulting from such Catastrophic Ground Cover Collapse. Catastrophic Ground Cover Collapse means geological activity that results in all of the following 1 The abrupt collapse of the ground cover 2 A depression in the ground cover clearly visible to the naked eye 3 Structural damage to the building or structure including the foundation and 4 The insured building or structure being condemned and ordered to be vacated by the governmental agency authorized by law to issue such an order for that building or structure. However damage consisting merely of the settling or cracking of a foundation structure or building does not constitute loss or damage resulting from a Catastrophic Ground Cover Collapse. The Earth Movement exclusion and the Collapse of Buildings exclusion do not apply to coverage for Catastrophic Ground Cover Collapse. Coverage for Catastrophic Ground Cover Collapse does not increase the applicable Limit of Insurance. Regardless of whether loss or damage attributable to Catastrophic Ground Cover Collapse also qualifies as Sinkhole Loss or Earthquake if either or both of those causes of loss are covered under this Coverage Part only one Limit of Insurance will apply to such loss or damage. F. The following provisions are added to the Duties In The Event Of Loss Or Damage Loss Condition 1. Any claim for Sinkhole Loss including but not limited to initial supplemental and reopened claims is barred unless notice of claim is provided to us in accordance with the terms of this policy within two years after you knew or reasonably should have known about the Sinkhole Loss. 2. A claim supplemental claim or reopened claim for loss or damage caused by hurricane or other windstorm is barred unless notice of claim is given to us in accordance with the terms of this policy and within three years after the hurricane first made landfall or a windstorm other than hurricane caused the covered damage Supplemental claim or reopened claim means an additional claim for recovery from us for losses from the same hurricane or other windstorm which we have previously adjusted pursuant to the initial claim. This provision concerning time for submission of claim supplemental claim or reopened claim for loss or damage caused by hurricane or other windstorm does not affect any limitation for legal action against us as provided in this policy under the Legal Action Against Us Condition including any amendment to that condition. 3. Any inspection or survey by us or on our behalf of property that is the subject of a claim will be conducted with at least 48 hours notice to you. The 48 hour notice may be waived by you. G. The following definitions are added with respect to the coverage provided under this endorsement 1. Structural damage means a covered building regardless of the date of its construction has experienced the following DX 0125 03 16 Page 3 of 4 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
DELUXE PROPERTY a b c d e Interior floor displacement or deflection in excess of acceptable variances as defined in ACI 117 90 or the Florida Building Code which results in settlement related damage to the interior such that the interior building structure or members become unfit for service or represent a safety hazard as defined within the Florida Building Code Foundation displacement or deflection in excess of acceptable variances as defined in ACI 318 95 or the Florida Building Code which results in settlement related damage to the primary structural members or primary structural systems and that prevents those members or systems from supporting the loads and forces they were designed to support to the extent that stresses in those primary structural members or primary structural systems exceed one and one third the nominal strength allowed under the Florida Building Code for new buildings of similar structure purpose or location Damage that results in listing leaning or buckling of the exterior load bearing walls or other vertical primary structural members to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base as defined within the Florida Building Code Damage that results in the building or any portion of the building containing primary structural members or primary structural systems being significantly likely to imminently collapse because of the movement or instability of the ground within the influence zone of the supporting ground with the sheer plane necessary for the purpose of supporting such building as defined with Florida Building Code or Damage occurring on or after October 15 2005 that qualifies as substantial structural damage as defined in the Florida Building Code. 2. Primary structural member means a structural element designed to provide support and stability for the vertical or lateral loads of the overall structure. 3. Primary structural system means an assemblage of primary structural members. H. If we deny your claim for Sinkhole Loss without performing testing under section 627.7072 Florida Statutes you may demand testing by communicating such demand to us in writing within 60 days after you receive our denial of the claim. You are responsible for 50 of the testing costs or 2500 whichever is less. If our professional engineer or geologist provides written certification pursuant to section 627.7073 that there is sinkhole loss we will reimburse you for the testing costs. I. You may not accept a rebate from any person performing repairs for Sinkhole Loss covered under this endorsement. If you receive a rebate coverage under this endorsement is void and you must refund the amount of the rebate to us. J. If we deny your claim for Sinkhole Loss upon receipt of written certification from a professional engineer or geologist pursuant to section 627.7073 that there is no sinkhole loss or that the cause of the damage was not sinkhole activity and if the sinkhole claim was submitted without good faith grounds for submitting such claim you shall reimburse us for 50 of the actual costs of the analyses and services provided under sections 627.7072 and 627.7073 or 2500 whichever is less. You are not required to pay such reimbursement unless you requested the analysis and services we before ordering the analysis informed you in writing of the potential for reimbursement and gave you the opportunity to withdraw the claim. K. As a precondition to accepting payment for sinkhole loss you must file with the county clerk of court a copy of any sinkhole report regarding your property which was prepared on behalf or at your request. You will bear the cost of filing and recording the sinkhole report. Page 4 of 4 DX 012503 16 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. Paragraph 2. 3. and 5. of the Cancellation 5. Common Policy Conditions DELUXE are re placed by the following 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 2. a. f this policy covers a condominium asso ciation and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then we may cancel this policy by mailing or delivering written notice of cancellation at least 30 days before the effective date of cancellation to 1 The first Named Insured and 2 Each unit owner to whom we issued a certificate or memorandum of in surance. first Named Insured cancels the refund may be less than pro rata. However the cancella tion will be effective even if we have not made or offered a refund. The notice of cancellation will state that unearned paid premium if not tendered will be refunded on demand.. The following condition is added and applies unless Paragraph D. applies. NONRENEWAL 1. If we elect not to renew this policy we will at the request of the Named Insured provide a written statement of the reason or reasons for such nonrenewal. If we cancel this policy we will at the 2. In compliance with Texas law we will not re request of the Named Insured pro fuse to renew this policy solely because the vide a written statement of the reason policyholder is an elected official. or reasons for such cancellation. 3. If this policy covers a condominium associa b. If this policy covers a risk other than the risk described in Paragraph 2.a. then we may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 1 14 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we cancel this policy we will at the re quest of the Named Insured provide a written statement of the reason or rea sons for such cancellation. b. In compliance with Texas law we will not cancel this policy solely because the poli cyholder is an elected official. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. tion and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act then a. We will mail or deliver written notice of nonrenewal at least 30 days before the expiration or anniversary date of the pol icy to the first Named Insured and to each unit owner to whom we issued a certificate or memorandum of insurance. b. We will mail or deliver such notice to each last mailing address known to us. If notice is mailed proof of mailing will be suffi cient proof of notice.. Cancellation One And Two Family Dwellings And Governmental Property The following applies to all policies that provide coverage to a governmental unit as defined un der 28 TEX. ADMIN. CODE Section 5.7001 or on one and two family dwellings 1. If ssued th of in W s at the 2. Ir pro fu eason p. 3. If an the i en we al deliv d vritten C a ate of npay ate of other b he re ide a r rea C Cane Page 1 of 2 DX 01711113 2013 The Travelers Indemnity Company Al right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY Paragraph A. 5. above is replaced by the fol lowing If this policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The refund will be pro rata if a. We cancel this policy or b. The first Named Insured cancels this pol icy because 1 We refused to provide additional cov erage which the first Named Insured requested under the policy or 2 We reduced or restricted coverage under the policy without the consent of the first Named Insured. The refund may be less than pro rata if the first Named Insured cancels this policy for a reason other than those listed in b.1 and b.2 above. The following provisions are added to the Cancellation Common Policy Conditions DELUXE a. If this policy has been in effect for less than 90 days and is not a renewal of a policy we issued we may cancel cover age for any reason. b. If this policy has been in effect for 90 days or more or is a renewal of a policy we issued we may cancel coverage only for the following reasons 1 If the first Named Insured does not pay the premium or any portion of the premium when due If the Texas Department of Insurance determines that continuation of this policy would result in violation of the Texas Insurance Code or any other law governing the business of insur ance in Texas If the Named Insured submits a fraudulent claim or If there is an increase in the hazard covered by this policy that is within the control of the Named Insured and would produce an increase in the premium rate of this policy. c. If such coverage is cancelled we will at the request of the Named Insured pro vide a written statement of the reason or reasons for such cancellation. 2 3 4 d. In compliance with Texas law we will not cancel such coverage solely because the policyholder is an elected official. D. The following condition is added NONRENEWAL ONE AND TWO FAMILY DWELLINGS AND GOVERNMENTAL PROP ERTY 1. If we elect not to renew coverage on one and two family dwellings or on governmental units we will mail or deliver written notice of nonrenewal to the first Named Insured and any mortgageholder shown in the Declara tions at least 30 days before the expiration date. Proof of mailing will be sufficient proof of notice. We will at the request of the Named Insured provide a written statement of the reason or reasons for such nonrenewal. If we fail to give the first Named Insured proper notice of our refusal to renew the first Named Insured may require us to renew the policy. We may elect not to renew such coverage for any reason subject to the exceptions and limi tations in Paragraphs 3. and 4. below. We will not refuse to renew coverage a. Solely because the policyholder is an elected official or b. Because of claims for losses resulting from natural causes. Claims That Do Not Result From Natural Causes a. If we have previously notified you as pro vided in b. below we may refuse to re new coverage if the Named Insured has filed under this policy in any three year period three or more claims that do not result from natural causes. b. If the Named Insured has filed two such claims in a period of less than three years we may notify the first Named Insured in writing that if the Named Insured files a third such claim during the three year pe riod we may refuse to renew coverage. c. A claim does not include a claim that is filed but is not paid or payable under the policy. DX 01711113 Page 2 of 2 2013 The Travelers Indemnity Company Al right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UTAH CHANGES This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. The ADDITIONAL CONDITIONS Concealment Misrepresentation or Fraud is replaced by the fol lowing FRAUD OR MISREPRESENTATION This Coverage Part may be voided in the event of fraud or misrepresentation by you relating to 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. A claim under this Coverage Part subject to the following provisions of Utah Code Section 31A21 105 a. No statement representation or warranty made by any person representing us in the negotiation for an individual insurance con tract affects our obligations under this Cover age Part unless the statement representa tion or warranty is stated 1 In this Coverage Part or 2 In a written application signed by you. No person except you or another person by your written consent may alter the application other than for administrative purposes in a way which is clearly not ascribable to you. b. You your assignee and the loss payee mort gagee or lienholder if any under property in surance may request in writing from us a copy of the application if 1 This Coverage Part or a copy of the ap plication has not been received or 2 This Coverage Part has been reinstated or renewed without the attachment of a copy of the original application. If we do not deliver or mail a copy of the applica tion within 30 days after receipt of the request by us or our agent nothing in the application affects our obligations under this Coverage Part to the person making the request. c. Except as provided in f. below no misrepre sentation or breach of an affirmative warranty affects our obligations under this Coverage Part unless 1 We rely on it and it is either material or is made with intent to deceive or 2 The fact misrepresented or falsely war ranted contributes to the loss. No failure of a condition prior to the loss and no breach of a promissory warranty affects our obligations under this Coverage Part unless it 1 Exists at the time of the loss and 2 Either a Increases the risk at the time of the loss or b Contributes to the loss. However this paragraph d. does not apply to nonpayment of premium. Nondisclosure of information not requested by us is not a defense to an action against us. Failure to correct within a reasonable period of time any representation that becomes in correct because of changes in circumstances is misrepresentation not nondisclosure. If after we issue this Coverage Part we ac quire knowledge of sufficient facts to consti tute a general defense to all claims under this Coverage Part the defense is only available if within 60 days after acquiring such knowl edge we notify the insured of our intention to defend against a claim if one should arise. However in order to continue this Coverage Part we and the insured may both agree to endorse it to include specific exceptions or modifications. For purposes of this paragraph f. we are to be considered as having acquired knowledge only if the information alleged to give rise to such knowledge was disclosed to us or to our agent in connection with communications or investigations associated with the Coverage Part under which the subject claim arises. Page 1 0of 3 DX T3451113 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE PROPERTY g. No trivial or transitory 1 Breach of or 2 Noncompliance with any of the above provisions is a basis for avoiding this Coverage Part. B. OTHER INSURANCE 1. Paragraph H.8. Other Insurance in the Deluxe Property Coverage Form is replaced by the following If there is other insurance covering the same loss or damage other than that described in the paragraph above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance. But we will not pay more than the applicable Limit of Insurance. C. LEGAL ACTION AGAINST US 1. The ADDITIONAL CONDITIONS Legal Ac tion Against Us is replaced by the following except as provided in C.2. below LEGAL ACTION AGAINST US No one may bring legal action against us un der this Coverage Part unless the action is brought within 3 years after the date on which the direct physical loss or damage occurred. 2. The following is deleted a. The LOSS CONDITIONS Legal Action Against Us in the Legal Liability Cover age Endorsement and D. The LOSS CONDITIONS Duties in the Event of Loss or Damage is revised as follows 1. Page 2 of 3 The provision requiring notice of loss or dam age is replaced by the following Give prompt notice of the loss or damage to us or our agent. Include a description of the property involved. One means you may use to fulfill this re quirement is mailing the notice to us postage prepaid through first class mail deposited in a United States Post Office. The provision requiring signed sworn proof of loss is replaced by the following Send us a signed sworn proof of loss con taining the information we request to settle the claim. We will supply you with the neces sary forms. You must send the proof of loss within 60 days after our request. Failure to send the re quested proof of loss within 60 days does not invalidate your claim if you show that it was not reasonably possible to do so and also show that you submitted the proof of loss to us as soon as reasonably possible. One means you may use to send the re quested proof of loss is mailing it to us post age prepaid through first class mail depos ited in a United States Post Office.. The following is added to 1. Paragraphs a. b. and c.1 of LOSS CONDI TIONS D.1. Duties in the Event Of Accident Claim Or Suit in the Legal Liability Coverage Endorsement. One means you may use to send written no tice or other material is mailing it to us post age prepaid through first class mail depos ited in a United States Post Office. Notice to our agent is considered notice to us. With changes apply with respect to the Condo minium Association Coverage Form 1. The following is added to section 1.a. Build ingss 9 Any fixture improvement or betterment installed at any time to a unit or to a limit common area associated with a unit whether installed in the original construc tion or in any remodel or later alteration including a floor covering cabinet light fixture electrical fixture heating or plumb ing fixture paint wall covering window and any other item permanently part of or affixed to a unit or to a limited common element associated with a unit. 2. Paragraph 3.a. is replaced by the following a. Unit owner s Insurance A unit owner may have other insurance covering the same property as this insur ance. This insurance is intended to be primary for the amount of a covered loss above this policy s deductible and not to contribute with such other insurance. This unit owner s insurance applies to the por tion of the loss attributable to the Associa tion s deductible. The amount of the unit owner s responsibility will be determined by applying the unit damage percentage to the amount of said deductible. 3. Paragraph 3.b. is replaced by the following 2013 The Travelers Indemnity Company. All rights reserved. b. Waiver Of Rights Of Recovery We waive our rights to recover payment from DX T3 451113 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T3 451113 | 2 |
DELUXE PROPERTY 4. The following is added No act or omission by any unit owner will void the policy or be a condition to recovery under this policy. But this does not apply to unit owners acting within the scope of their au thority on behalf of the Association. 1 Any person residing with the unit owner if the unit owner resides in the unit and 2 Any unit owner of the condominium that is shown in the Declarations. Page 3 of 3 DX T3451113 2013 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE 10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT ELECTRONIC VANDALISM LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART When included in this policy this endorsement also modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART. SCHEDULE Electronic Vandalism Limit of Insurance aggregate in any 12 month period of this policy This endorsement limits the insurance provided under this policy for direct physical loss or damage caused by or resulting from electronic vandalism and for loss that is a consequence of such direct physical loss or damage. A. LIMITATION ELECTRONIC VANDALISM The following LIMITATION is added The most we will pay for all loss or damage caused directly or indirectly by or resulting from electronic vandalism in any one policy year commencing with the inception date of this en dorsement is the Electronic Vandalism Limit of Insurance shown in the Schedule of this en dorsement. This limit 1. Applies regardless of the number of loca tions items or types of property or coverages or Coverage Forms involved and 2. Is part of and does not increase the Limits of Insurance provided under this policy. But if electronic vandalism results in a speci fied cause of loss other than vandalism this limitation will not apply to the resulting loss or damage caused by that specified cause of loss. B. ELECTRONIC VANDALISM MINIMUM DE DUCTIBLE The following deductible provision is added and applies to all coverages including Extra Ex pense 10000 unless a higher limit is shown The DEDUCTIBLE provisions of this policy con tinue to apply. But in no event will the total of all applicable deductible amounts applied in any one occurrence of electronic vandalism be less than 1000.. ELECTRONIC VANDALISM DEFINED Electronic Vandalism as used in this en dorsement means 1. Willful or malicious destruction of computer programs content instructions or other elec tronic or digital data stored within computer systems. 2. Unauthorized computer code or programming that a. Deletes distorts corrupts or manipulates computer programs content instructions or other electronic or digital data or oth erwise results in damage to computers or computer systems or networks to which it is introduced b. Replicates itself impairing the perform ance of computers or computer systems or networks or c. Gains remote control access to data and programming within computers or com puter systems or networks to which it is introduced for uses other than those in tended for authorized users of the com puters or computer systems or networks. DX T3 98 04 02 Page 1 of 1 | 2 |
GENERAL LIABILITY | 2 |
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N TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY POLICY NO. p630 83994632 PHX18 COVERAGE PART DECLARATIONS ISSUE DATE 10 23 18 INSURING COMPANY THE PHOENIX INSURANCE COMPANY DECLARATIONS PERIOD From 10 06 18 to 08 08 19 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 100000 Medical Expense Limit any one person 5000 LIMITS OF INSURANCE 2000000 w v w0 2000000 1000000 1000000 100000 5000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS LIMITED LIABILITY COMPANY 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT CGT0O011103 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 OFFICE KANSAS CITY 095 XG345 | 2 |
DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER P630 8J994632 PHX18 This Schedule applies to the Declarations for the period of 10 06 18 to 08 08 19 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS LOB 209 PRO RATA FACTOR 0.8380 209 0.8380 GENERAL LIABILITY COMPOSITE NOT OTHERWISE CLASSIFIED AND OR A RATED LOW 98050 COMBINED P 4575000 nan nan nan nan 1.534 5883 5883 COVERAGE PART TOTAL This class is subject to the prem ops transition program. If an Xis entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense p Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T008 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement........... Damage Liability Exclusions......... cccoocevemunen Coverage B Personal and Advertising Insuring Agreement........... Injury Liability Exclusions......... cccoocevemunen Coverage C Medical Payments Insuring Agreement........... Exclusions Supplementary Payments SECTION IIWHO IS AN INSURED SECTION IlII LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy..... Duties in the Event of Occurrence Legal Action Against Us Other Insurance. Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Agamst Others To Us. When We Do Not Renew. SECTION V DEFINITIONS Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Beginning on Page Caoverane A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions.2 Coverage B Personal and Advertising Insuring Agreement.5 Injury Liability Exclusions.5 Coverage C Medical Payments Insuring Agreement 7 Exclusions.7 Supplementary Payments................. SECTION I WHO IS AN INSURED... SECTION II LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptey.. Duties in the Event of Occurrence Claim or Sun Legal Action Against Us.. Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Coverage B Personal and Advertising Injury Liability Insuring Agreement............... EXclusions......... cccooeuevurinnne Coverage C Medical Payments CGT0341103 | 2 |
COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if c. 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have oc curred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occur rence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 CG 00011001 1SO Properties Inc. 2000 Page 1 of 16 | 0 |
COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. c. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or b 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing sell ing serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sis ter of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building i Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY b c d premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This ex ception does not apply if the bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. CG 00011001 1SO Properties Inc. 2000 Page 3 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 4 5 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed oniit. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. 3 G Page 4 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your prod uct or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency in adequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG 00011001 1SO Properties Inc. 2000 Page 5 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your adver tisement. Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. Insureds In Media And Internet Type Busi nesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment CG 00011001 1SO Properties Inc. 2000 Page 7 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the informa tion we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investiga tion settlement or defense of the suit Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit Notify any other insurer whose cov erage is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to b c d a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and di rectors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured a. Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability com pany. b c d 2 b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy pe riod whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. CG 00011001 1SO Properties Inc. 2000 Page 9 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcey or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person 3 Page 10 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle ment means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other in surer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied to the insured s rights against all those other in surers. When this insurance is excess over other in surance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other in surance would pay for the loss in the ab sence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contrib d 2 CG 00011001 1SO Properties Inc. 2000 Page 11 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums is the date shown as the due date on the bill. If the sum of the advance and audit pre miums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium compu tation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Oth ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion 3 Page 12 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfiling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you 11. b y a labor leasing firm under an agreement be tween you and the labor leasing firm to perform d uties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of p roperty After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft wa tercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical CG 00011001 1SO Properties Inc. 2000 Page 13 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 2 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services Oral or written publication in any manner of material that violates a person s right of pri vacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended Page 14 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused ma terials or 3 Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is 20. furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. CG 00011001 1SO Properties Inc. 2000 Page 15 of 16 | 1 |
COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 1SO Properties Inc. 2000 CG 00011001 | 1 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Paragraph f.2 Pollution Part 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is b deleted and replaced by the following 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. CG D255 11 03 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF DEFINITION OF PERSONAL AND ADVERTISING INJURY The following replaces the definition of personal and advertising injury in the DEFINITIONS Sec tion Personal and advertising injury means personal injury or advertising injury. B. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES BECAUSE OF PERSONAL INJURY ASSUMED BY NAMED INSURED IN AN INSURED CON TRACT 1. The following is added to Exclusion e. Con tractual Liability in Paragraph 2. of SEC TION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This exclusion also does not apply to liability for damages because of personal injury as sumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purpos es of liability assumed by you in an insured contract reasonable attorney fees and nec essary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that 1 Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and 2 Such attorney fees and litigation expens es are for defense of that party against a civil or alternative dispute resolution pro ceeding in which damages to which this insurance applies are alleged. C. ADDI CONF MATI The fc Exclu COVE INJUF Acce sonal Pers of any organ matio 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces the first paragraph of Paragraph f. of the definition of insured con tract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or per sonal injury to a third party or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. ADDITION OF ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFOR MATION EXCLUSION The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Access Or Disclosure Of Confidential Or Per sonal Information Personal injury or advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal infor mation. CGD4710115 Page 1 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY D. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Published With Knowledge Of Falsity in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY b. Material Published With Knowledge Of Falsity Personal injury or advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsi ty. The following replaces Exclusion c. Material Published Prior To Policy Period in Para graph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY c. Material Published Or Used Prior To Policy Period 1 Personal injury or advertising inju ry arising out of oral or written publi cation including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or Advertising injury arising out of in fringement of copyright title or slo gan in your advertisement whose first infringement in your advertise ment was committed before the be ginning of the policy period. 2 The following replaces Exclusion f. Breach Of Contract in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY f. Breach Of Contract Advertising injury arising out of a breach of contract. The following replaces Exclusion g. Quality Or Performance of Goods Failure To Conform To Statements in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY g. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the fail ure of goods products or services to con form with any statement of quality or per formance made in your advertisement. 5. The following replaces Exclusion h. Wrong Description Of Prices in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your ad vertisement. 6. The following replaces Exclusion i. In fringement Of Copyright Patent Trade mark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury or advertising injury arising out of any actual or alleged in fringement or violation of any of the fol lowing rights or laws or any other per sonal injury or advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or vio lation of another s copyright title or slogan in your advertisement or 2 Any other personal injury or adver tising injury alleged in any claim or suit that also alleges any such in fringement or violation of another s copyright title or slogan in your advertisement. 7. The following replaces Exclusion j. Insureds In Media And Internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY npany. Al rights reserved CGD4710115 vices Office Inc. with its permission. Page 2 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY j Insureds In Media And Internet Type Businesses Personal injury or advertising injury arising out of an offense committed by an insured whose business is 1 Advertising broadcasting or pub lishing 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion does not apply to Para graphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspond ence written in the conduct of your business bulletins financial or annu al reports or newsletters about your goods products or services will not be considered the business of pub lishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publish ing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2 Claim or suit by or on behalf of a govern mental authority because of testing for monitoring cleaning up removing con taining treating detoxifying or neutraliz ing or in any way responding to or as sessing the effects of pollutants. E. AMENDMENT OF WHO IS AN INSURED The following replaces the introductory phrase of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED 1 Bodily injury or personal injury F. AMENDMENT OF LIMITS OF INSURANCE The following replaces Paragraph 4. of SECTION Il LIMITS OF INSURANCE Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all 2 personal injury and advertising injury sus tained by any one person or organization. G. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including pub b. a. b. 2 3 lication by electronic means of material in your advertisement that slanders or li bels a person or organization or dispar ages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or ser vices disparaged Oral or written publication including pub lication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or Infringement of copyright title or slo gan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Broadcasting means transmitting any audio or visual material for any purpose By radio or television or In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instruc tional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. CGD4710115 Page 3 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY Personal injury a. Means injury other than advertising injury caused by one or more of the following of fenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or inva sion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including pub lication by electronic means of material that slanders or libels a person or organi zation or disparages a person s or organ ization s goods products or services provided that the claim is made or the suit is brought by a person or organiza tion that claims to have been slandered or libeled or that claims to have had its 4 goods products or services disparaged or 5 Oral or written publication including pub lication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Slogan a. Means a phrase that others use for the pur pose of attracting attention in their advertis ing. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. Title means a name of a literary or artistic work. Page 4 of 4 CGD4710115 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV Paragraph 4. Other Insurance is amended as follows 1. The following is added to Paragraph a. Primary Insurance However if you specifically agree in a written con tract or written agreement that the insurance pro vided to an additional insured under this Coverage Part must apply on a primary basis or a primary and non contributory basis this insur ance is primary to other insurance that is avail able to such additional insured which covers such additional insured as a named insured and we will not share with that other insurance provided that a. The bodily injury or property damage for which coverage is sought occurs and b. The personal injury or advertising injury for which coverage is sought arises out of an of fense committed subsequent to the signing and execution of that contract or agreement by you. The first Subparagraph 2 of Paragraph b. Ex cess Insurance regarding any other primary in surance available to you is deleted. The following is added to Paragraph b. Excess Insurance as an additional subparagraph under Subparagraph 1 That is available to the insured when the insured is added as an additional insured under any other policy including any umbrella or excess policy. CG D0 37 04 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CGD2031297 Copyright Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED Section Il is amended to include any person or organization that you agree in a written contract requiring insurance to include as an additional insured on this Cover age Part but a Only with respect to liability for bodily injury property damage or personal injury and b If and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work to which the written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows a In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the written contract requiring insurance the in surance provided to the additional insured shall be limited to the limits of liability re quired by that written contract requiring in surance. This endorsement shall not in crease the limits of insurance described in Section Il Limits Of Insurance. b The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal injury arising out of the rendering of or failure to render any professional architectural engineering or sur veying services including i. The preparing approving or failing to prepare or approve maps shop draw ings opinions reports surveys field or ders or change orders or the preparing approving or failing to prepare or ap prove drawings and specifications and ii. Supervisory inspection architectural or engineering activities. c The insurance provided to the additional in sured does not apply to bodily injury or property damage caused by your work and included in the products completed op erations hazard unless the written contract requiring insurance specifically requires you to provide such coverage for that additional insured and then the insurance provided to the additional insured applies only to such bodily injury or property damage that oc curs before the end of the period of time for which the written contract requiring insur ance requires you to provide such coverage or the end of the policy period whichever is earlier. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to the additional insured for a loss we cover under this endorsement. However if the written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other in surance whether primary excess contingent or on any other basis that is available to the addi tional insured when that person or organization is an additional insured under such other insur ance. As a condition of coverage provided to the additional insured by this endorsement a The additional insured must give us written notice as soon as practicable of an occur rence or an offense which may result in a claim. To the extent possible such notice should include CG D2 46 08 05 2005 The St. Paul Travelers Companies Inc. Page 1 of 2 | 2 |
COMMERCIAL GENERAL LIABILITY b c d i. How when and where the occurrence or offense took place ii. The names and addresses of any injured persons and witnesses and iii. The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against the additional insured the additional insured must i. Immediately record the specifics of the claim or suit and the date received and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. The additional insured must immediately send us copies of all legal papers received in connection with the claim or suit cooperate with us in the investigation or settlement of the claim or defense against the suit and otherwise comply with all policy conditions. The additional insured must tender the de fense and indemnity of any claim or suit to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However this condition does not affect whether the insur ance provided to the additional insured by this endorsement is primary to other insur ance available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS Written contract requiring insurance means that part of any written contract or agreement under which you are required to include a person or organization as an additional in sured on this Coverage Part provided that the bodily injury and property damage oc curs and the personal injury is caused by an offense committed a. After the signing and execution of the contract or agreement by you b. While that part of the contract or agreement is in effect and c. Before the end of the policy period. Page 2 of 2 2005 The St. Paul Travelers Companies Inc. CG D2 46 08 05 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE POLLUTION COOLING DEHUMIDIFYING AND WATER HEATING EQUIPMENT EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 1ai of Exclusion f. Pollution in Paragraph 2. of SECTION COVER AGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or origi nating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests CG D4 1304 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT FOR SERVICE INDUSTRIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. B. C. Broadened Named Insured Blanket Additional Insured Broad Form Vendors Damage To Premises Rented To You Perils of fire explosion lightning smoke water Limit increased to 300000 Blanket Waiver Of Subrogation Blanket Additional Insured Owners Managers Or Lessors Of Premises Blanket Additional Insured Lessors Of Leased Equipment Incidental Medical Malpractice Personal Injury Assumed By Contract PROVISIONS A. CG D46707 13 BROADENED NAMED INSURED 1. The following is added to SECTION Il WHO IS AN INSURED Any organization other than a partnership or joint venture over which you maintain owner ship or majority interest on the effective date of the policy qualifies as a Named Insured. However coverage for any such organization will cease as of the date during the policy pe riod that you no longer maintain ownership of or majority interest in such organization. 2. The following replaces Paragraph 4.a. of SECTION Il WHO IS AN INSURED a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier unless reported in writing to us within 180 days. I J. K. o 2013 The Travelers Indemnity Company. All right reserved. Amended Bodily Injury Definition Bodily Injury To Co Employees And Co Volunteer Workers Aircraft Chartered With Crew Non Owned Watercraft Increased From 25 Feet To 50 Feet Increased Supplementary Payments Cost of bail bonds increased to 2500 Loss of earnings increased to 500 per day Knowledge And Notice Of Occurrence Or Offense Unintentional Omission Reasonable Force Bodily Injury Or Property Damage BLANKET ADDITIONAL INSURED BROAD FORM VENDORS The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a vendor and that you have agreed in a written contract or agreement to include as an additional insured on this Coverage Part is an insured but only with re spect to liability for bodily injury or property damage that a. Is caused by an occurrence that takes place after you have signed and executed that con tract or agreement and b. Arises out of your products which are dis tributed or sold in the regular course of such vendor s business. The insurance provided to such vendor is subject to the following provisions a. The limits of insurance provided to such ven dor will be the limits which you agreed to pro Page 1 of 7 Includes copyrighted material of Insurance Services Office Inc. with its permission. PROVISIONS A. BROADENED NAMED INSURED 1. The following is added to SECTION Il WHO IS AN INSURED Any organization other than a partnership or joint venture over which you maintain owner ship or majority interest on the effective date of the policy qualifies as a Named Insured. However coverage for any such organization will cease as of the date during the policy pe riod that you no longer maintain ownership of or majority interest in such organization. The following replaces Paragraph 4.a. of SECTION Il WHO IS AN INSURED a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier unless reported in writing to us within 180 days. CG D46707 13 2013 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY vide in the written contract or agreement or the limits shown in the Declarations of this Coverage Part whichever are less. The insurance provided to such vendor does not apply to 1 Bodily injury or property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement 2 Any express warranty unauthorized by you 3 Any physical or chemical change in your products made intentionally by such vendor Repackaging unless unpacked solely for the purpose of inspection demonstration testing or the substitution of parts under instructions from the manufacturer and then repackaged in the original container Any failure to make such inspections ad justments tests or servicing as vendors agree to perform or normally undertake to perform in the regular course of business in connection with the distribution or sale of your products Demonstration installation servicing or repair operations except such operations performed at such vendor s premises in connection with the sale of your prod ucts or Your products which after distribution or sale by you have been labeled or re labeled or used as a container part or in gredient of any other thing or substance by or for such vendor. 4 5 6 7 Coverage under this provision does not apply to a. Any person or organization from whom you have acquired your products or any ingre dient part or container entering into accom panying or containing such products or Any vendor for which coverage as an addi tional insured specifically is scheduled by en dorsement. C. DAMAGE TO PREMISES RENTED TO YOU 1. The following replaces the last paragraph of Paragraph 2. Exclusions of SECTION I COVERAGES COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABIL ITY Page 20f 7 2013 The Travelers Indemnit Includes copyrighted material of Insurance Exclusions. through n. do not apply to dam age to premises while rented to you or tem porarily occupied by you with permission of the owner caused by a. Fire b. Explosion c. Lightning d. Smoke resulting from such fire explosion or lightning or e. Water. A separate limit of insurance applies to such damage to premises as described in Para graph 6. of Section Il Limits Of Insurance. This insurance does not apply to damage to premises while rented to you or temporarily occupied by you with permission of the owner caused by a. Rupture bursting or operation of pres sure relief devices b. Rupture or bursting due to expansion or swelling of the contents of any building or structure caused by or resulting from wa ter c. Explosion of steam boilers steam pipes steam engines or steam turbines. The following replaces Paragraph 6. of SEC TION Ill LIMITS OF INSURANCE Subject to 5. above the Damage To Prem ises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or temporarily occupied by you with permission of the owner caused by fire explosion lightning smoke resulting from such fire explosion or lightning or wa ter. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same occurrence whether such damage results from fire explosion lightning smoke resulting from such fire ex plosion or lightning water or any combina tion of any of these. The Damage To Premises Rented To You Limit will be the higher of a. 300000 or b. The amount shown on the Declarations of this Coverage Part for Damage To Prem ises Rented To You Limit. CG D46707 13 2013 The Travelers Indemnity Company. Al right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph a. of the definition of insured contract in the DEFINI TIONS Section a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you or tempo rarily occupied by you with permission of the owner caused by 1 Fire 2 Explosion 3 Lightning 4 Smoke resulting from such fire ex plosion or lightning or 5 Water. is not an insured contract 4. The following replaces Paragraph 4.b.1b of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS b That is insurance for premises rented to you or temporarily occupied by you with the permission of the owner D. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you ongoing operations performed by you or on your behalf done under a contract with that person or organization your work or your products. We waive this right where you have agreed to do so as part of a written contract executed by you prior to loss. E. BLANKET ADDITIONAL INSURED OWNERS MANAGERS OR LESSORS OF PREMISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to name as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal injury or advertising injury that a. Is bodily injury or property damage caused by an occurrence that takes place or per sonal injury or advertising injury caused by an offense that is committed after you have signed and executed that contract or agree ment and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following pro visions a. The limits of insurance provided to such premises owner manager or lessor will be the limits which you agreed to provide in the written contract or agreement or the limits shown on the Declarations of this Coverage Part whichever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Bodily injury or property damage caused by an occurrence that takes place or personal injury or advertising injury caused by an offense that is com mitted after you cease to be a tenant in that premises or Structural alterations new construction or demolition operations performed by or on behalf of such premises owner manager or lessor. c. The insurance provided to such premises owner manager or lessor is excess over any valid and collectible other insurance available to such premises owner manager or lessor unless you have agreed in a written contract for this insurance to apply on a primary or contributory basis. BLANKET ADDITIONAL INSURED LESSORS OF LEASED EQUIPMENT The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is an equipment lessor and that you have agreed in a written con tract or agreement to include as an additional in sured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal injury or advertis ing injury that a. Is bodily injury or property damage caused by an occurrence that takes place or per sonal injury or advertising injury caused by an offense that is committed after you have Page 3 of 7 CG D46707 13 2013 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY signed and executed that contract or agree ment and Is caused in whole or in part by your acts or omissions in the maintenance operation or use by you of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the limits which you agreed to provide in the written contract or agreement or the limits shown on the Decla rations of this Coverage Part whichever are less. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage caused by an occur rence that takes place or personal injury or advertising injury caused by an offense that is committed after the equipment lease ex pires. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor unless you have agreed in a written contract for this insurance to apply on a pri mary or contributory basis. G. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of oc currence in the DEFINITIONS Section Unless you are in the business or occupation of providing professional health care services occurrence also means an act or omission committed in providing or failing to provide incidental medical services to a person. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances c. Firstaid or d. Good Samaritan services. Good Samaritan services means any emer gency medical services for which no compen sation is demanded or received. The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Unless you are in the business or occupation of providing professional health care services Paragraphs 1a b c and d above do not apply to any bodily injury arising out of any providing or failing to provide incidental medical services by any of your employ ees other than an employed doctor. Any such employees providing or failing to pro vide incidental medical services during their work hours for you will be deemed to be act ing within the scope of their employment by you or performing duties related to the con duct of your business. The following exclusion is added to Para graph 2. Exclusions of SECTION COV ERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti cals committed by or with the knowledge or consent of the insured. The following is added to Paragraph 5. of SECTION Il LIMITS OF INSURANCE For the purposes of determining the applica ble Each Occurrence Limit all related acts or omissions committed in the providing or fail ing to provide incidental medical services to any one person will be considered one oc currence. The following is added to Paragraph 4.b. Ex cess Insurance of SECTION IV COM MERCIAL GENERAL LIABILITY CONDI TIONS This insurance is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to any of your employees for bodily injury that arises out of providing or failing to provide incidental medical services to any person to the extent not subject to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED. CG D46707 13 Page 4 of 7 2013 The Travelers Indemnity Company. Al right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY H. PERSONAL INJURY ASSUMED BY CON TRACT 1. The following replaces Exclusion e. Contrac tual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE B PER SONAL AND ADVERTISING INJURY LI ABILITY e. Contractual Liability Personal injury or advertising injury for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or Liability for damages because of personal injury assumed in a con tract or agreement that is an insured contract provided that the personal injury is caused by an offense com mitted subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable at torneys fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this in surance applies are alleged. 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section I Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 2 b 3. The following replaces Paragraph 2.d. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B d. The allegations in the suit and the in formation we know about the occur rence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in demnitee 4. The following replaces the first subparagraph of Paragraph f. of the definition of insured contract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or per sonal injury to a third person or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. AMENDED BODILY INJURY DEFINITION The following replaces the definition of bodily in jury in the DEFINITIONS Section Bodily injury means bodily injury mental an guish mental injury shock fright disability hu miliation sickness or disease sustained by a per son including death resulting from any of these at any time. BODILY INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraph 1a above does not apply to bodily injury to a coemployee in the course of the co employee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties related to the conduct of your business. AIRCRAFT CHARTERED WITH CREW The following is added to Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to an aircraft that is Page 50of 7 CG D46707 13 2013 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY a Chartered with crew to any insured e. The following provisions b Not owned by any insured and a. above but only for th surance provided under c Not being used to carry any person or prop you or any insured listed erty for a charge. of Section Il Who Is Ar L. NON OWNED WATERCRAFT 1 Notice to us of suc 1. The following replaces Paragraph 2 of Ex fense must be given clusion g. Aircraft Auto Or Watercraft in ble only after the o Paragraph 2. of SECTION COVERAGES is known to you if y COVERAGE A BODILY INJURY AND any of your partners PROPERTY DAMAGE LIABILITY an individual if you joint venture any o 2 A watercraft you do not own that is P is an individual if yo a Fifty feet long or less and company any of yc b Not being used to carry any person or individual if you are property for a charge. executive officers 2. The following is added to Paragraph 2. of an ctrgantlzatlor qtthe SECTION Il WHO IS AN INSURED Joint venture fimitec o trust or any empl Any person or organization that with your ex you to give notice press or implied consent either uses or is re offense. sponsible for the use of a watercraft that you 2 If do not own that is HTyouare a partners 3 ited liability company 1 Fifty feet long or less and your partners join 2 Not being used to carry any person or managers or trustee property for a charge. tice to us gl such ot M. INCREASED SUPPLEMENTARY PAYMENTS must be given as so after the occurrence 1. The following replaces Paragraph 1.b. of by SUPPLEMENTARY PAYMENTS COVER Any individual w AGES A AND B of SECTION COVER Y AGES i A partner or b. Up to 2500 for cost of bail bonds re nership or jo quired because of accidents or traffic law i A manager violations arising out of the use of any company vehicle to which the Bodily Injury Liability iiii A trustee of Coverage applies. We do not have to fur N. nish these bonds. iv An executive any other or 2. The following replaces Paragraph 1.d. of that i SUPPLEMENTARY PAYMENTS COVER o bor ey AGES A AND B of SECTION COVER member manag AGES b Any employee d. All reasonable expenses incurred by the pgrtlershlp Join insured at our request to assist us in the a tll y tompany investigation or defense of the claim or 2al 0 o Ve suit including actual loss of earnings up rence or offenss to 500 a day because of time off from 3 Notice to us of sucl work. fense will be deeme N. KNOWLEDGE AND NOTICE OF OCCUR as practicable if it is RENCE OR OFFENSE soon aspraticabl o. compensation insure The following is added to Paragraph 2. Dutlles In you subsequently gi Tht Event of Occurrence Offense Claim or occurrence or offel Suit of SECTION IV COMMERCIAL GEN ticable after any of t ERAL LIABILITY CONDITIONS Page 6 of 7 2013 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. The following provisions apply to Paragraph a. above but only for the purposes of the in surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or of 2 3 fense must be given as soon as practica ble only after the occurrence or offense is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your trustees who is an individual if you are a trust any of your executive officers or directors if you are an organization other than a partnership joint venture limited liability company or trust or any employee authorized by you to give notice of an occurrence or offense. If you are a partnership joint venture lim ited liability company or trust and none of your partners joint venture members managers or trustees are individuals no tice to us of such occurrence or offense must be given as soon as practicable only after the occurrence or offense is known by a Any individual who is i A partner or member of any part nership or joint venture ii A manager of any limited liability company iii A trustee of any trust or iv An executive officer or director of any other organization that is your partner joint venture member manager or trustee or b Any employee authorized by such partnership joint venture limited Ili ability company trust or other organi zation to give notice of an occur rence or offense. Notice to us of such occurrence or of fense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as prac ticable after any of the persons described CG D46707 13 | 2 |
COMMERCIAL GENERAL LIABILITY in Paragraphs e.1 or 2 above discov ers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this policy includes an endorse ment that provides limited coverage for bod ily injury or property damage or pollution costs arising out of a discharge release or escape of pollutants which contains a re quirement that the discharge release or es cape of pollutants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that requirement. O. UNINTENTIONAL OMISSION The following is added to Paragraph 6. Repre sentations of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS The unintentional omission of or unintentional er ror in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect addi tional premium or to exercise our rights of cancel lation or nonrenewal in accordance with applica ble insurance laws or regulations. REASONABLE FORCE BODILY INJURY OR PROPERTY DAMAGE The following replaces Exclusion a. Expected Or Intended Injury in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABILITY a. Expected or Intended Injury or Damage Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily injury or property damage resulting from the use of reasonable force to protect any person or property. Page 7 of 7 CG D46707 13 2013 The Travelers Indemnity Company. All right reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury or damage. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal injury or advertising injury which would not have taken place in whole or in part but for the actual al leged or threatened inhalation of inges tion of contact with exposure to exis tence of or presence of any fungi or bacteria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Defini tions Section Fungi means any type or form of fungus in cluding mold or mildew and any mycotoxins spores scents or byproducts produced or re leased by fungi. CG D243 01 02 Copyright The Travelers Indemnity Company 2002 Includes copyrighted material of Insurance Services Office Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE PROPERTY DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of property damage in SECTION V DEFINITIONS is deleted in its entirety and replaced by the following 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 physi cally injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Property damage does not include loss of or dam age to electronic media and records. As used in this definition electronic media and records means a. Electronic data processing recording or storage media such as films tapes discs drums or cells b. Data stored on such media or Programming records for electronic data process ing or electronically controlled equipment. CG D256 11 03 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PROFESSIONAL VETERINARIAN SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. agnosis or treatment of any sickness disease Exclusions of Section Coverage A Bodily condition or injury in animals including the related Injury And Property Damage Liability and Para furnishing or prescription of drugs or medical graph 2. Exclusions of Section Coverage B dental or surgical supplies Personal And Advertising Injury Liability 2. The rendering or failure to render any advice or This insurance does not apply to bodily injury instruction on health maintenance or property damage personal injury or advertising 3. Errors or omissions in the handling or treatment injury arising out of of dead animals including but not limited to 1. Medical surgical diagnostic testing or dental autopsies organ donation or other procedures. procedures used for the prevention detection di CG D290 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNSOLICITED COMMUNICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that re stricts or prohibits the sending transmitting or dis tributing of unsolicited communication. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Unsolicited Communication Personal injury or advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. The following is added to the DEFINITIONS Sec tion Unsolicited communication means any commu nication in any form that the recipient of such communication did not specifically request to re ceive. exclusion is added to Paragraph 2. of SECTION COVERAGES. A BODILY INJURY AND PROP GE LIABILITY Communication Page 1 of 1 CG D326 10 11 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT REDEFINED EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 5 of Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 5 Bodily injury or property damage arising out of a The operation of machinery or equipment 1. b that is attached to or part of a land vehi cle that would qualify as mobile equip ment under the definition of mobile equipment if such land vehicle were not subject to a compulsory or financial re sponsibility law or other motor vehicle in surance law where it is licensed or prin cipally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equip ment. 2. The following replaces the definition of auto in the DEFINITIONS Section 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. The following is added as to the definition of mo bile equipment in the DEFINITIONS Section However mobile equipment does not in clude any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. Paragraph 3. of SECTION Il WHO IS AN IN SURED s deleted. replaces Paragraph 5 of Exclusion Auto Or Watercraft in Paragraph 2. COVERAGES COVERAGE A. JURY AND PROPERTY DAMAGE njury or property damage arising operation of machinery or equipment is attached to or part of a land vehi hat would qualify as mobile equip Page 1 of 1 CG D356 05 14 2014 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES ASSUMED IN AN INSURED CONTRACT APPLIES ONLY TO NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces Paragraph 2 of Exclusion b. Contractual Liability in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 Assumed by you in a contract or agreement that is an insured contract provided that the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed by you in an insured contract rea sonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of bodily injury or property dam age provided that a Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and b Such attorney fees and litigation ex penses are for defense of that party 3. against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 2. The following replaces the beginning of Para graph 2. and Paragraphs 2.a. b. c. d. and e. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVERAGES 2. If we defend you against a suit and your in demnitee is also named as a party to the suit we will have the right and duty to de fend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which you have assumed the liability of the indemnitee in a contract or agreement that is an insured con tract b. This insurance applies to such liability as sumed by you c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by you in the same in sured contract d. The allegations in the suit and the in formation we know about the occur rence or offense are such that we de termine that no conflict exists between your interests and the interests of the in demnitee e. You and the indemnitee ask us to con duct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend you and the indemnitee and The following replaces the last sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B of SEC TION COVERAGES Our obligation to defend your indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments settlements or medical expenses or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. CG D4 21 07 08 Page 1 of 1 2008 The Travelers Companies Inc. Includes the copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity. c. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or c. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. Page 1 of 1 CG D618 10 11 2011 The Travelers Indemnity Company. All rights reserved. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG D746 0115 Page 1 of 1 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodlly Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employ ment related practices described in Para graphs a b or c above is directed. 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 to repay someone else who must pay damages because of the injury.. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal in jury to that person at whom any of the em ployment related practices described in Paragraphs a b or c above is directed. CG F268 05 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION TEXAS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended by adding the following additional exclusion This insurance does not apply to Bodily injury resulting from or as a consequence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities characteristics or condition or mental capabilities or condition. COVE ADVE by ad This Pers conse intent persol race capak capak COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is amended by adding the following additional exclusion This insurance does not apply to Personal injury resulting from or as a consequence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities characteristics or condition or mental capabilities or condition. Page 1 of 1 CGF8800515 2015 The Travelers Indemnity Company. Al rights reserved. | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY PROVISIONS This insurance does not apply to any injury damage loss cost payment or expense including but not limited to defense and investigation of any kind aris ing out of resulting from caused by or contributed to by the actual or alleged presence or actual al leged or threatened dispersal release ingestion in halation or absorption of lead lead compounds or lead which is or was contained or incorporated into any material or substance. This exclusion applies but is not limited to 1. Any supervision instructions recommendations warnings or advice given in connection with the above Any obligation to share damages losses costs payments or expenses with or repay someone else who must make payment because of such injury or damage loss cost payment or ex pense or Any request order or requirement to abate mitigate remediate contain remove or dispose of lead lead compounds or materials or sub stances containing lead. CG DO 76 06 93 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of 1. The design manufacture construction fabrica tion distribution sale preparation installation application maintenance or repair including re modeling service correction or replacement of any exterior insulation and finish system com monly referred to as synthetic stucco or EIFS or any part thereof or any substantially similar sys tem or any part thereof including the application or use of conditioners primers accessories flashing coatings caulking or sealants in con nection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish sys tem or any substantially similar system is used on any part of that structure. The following is added to DEFINITIONS Section V Exterior insulation and finish system means an exterior cladding or finish system used on any part of any structure and consisting of a. A rigid or semi rigid insulation board made of expanded polystyrene or other materials and b. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate and c. Areinforced base coat and d. A finish coat providing surface texture and color. CG D2 04 06 01 Copyright The Travelers Indemnity Company 2001 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION WAR This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to War Bodily injury or property damage aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or expected attack by any government sovereign or other authority using military per sonnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any se quence to the injury or damage. 3 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to War Personal injury or advertising injury aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to the injury. 3 CG D2 420102 Copyright The Travelers Indemnity Company 2002 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY This insurance does not apply to bodily injury a. Any supervision instructions recommendati property damage personal injury or advertising warnings or advice given or which should h injury arising out of the actual or alleged presence been given in connection with the above and or actual alleged or threatened dispersal of asbes b. Any obligation to share damages with or re tos asbestos fibers or products containing asbestos provided that the injury or damage is caused or con tributed to by the hazardous properties of asbestos. This includes someone else who must pay damages beca of such injury or damage. a. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and b. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. Copyright The Travelers Indemnity Company. CG T4 78 02 90 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury Property insured to give notice of occurrence claim or Damage and Personal And Advertising Injury suit or forward demands notices summonses unless we are prejudiced by the insured s or your or legal papers in connection with a claim or suit failure to comply with the requirement no provi will bar coverage under this Coverage Part. sion of this Coverage Part requiring you or any CG 0103 06 06 ISO Properties Inc. 2005 Page 1 of 1 | 2 |
EMPLOYEE BENEFITS LIABILITY | 2 |
EMPLOYEE BENEFITS LIABILITY | 2 |
A TRAVELERS J One Tower Square Hartford Connecticut 06183 EMPLOYEE BENEFITS LIABILITY POLICY NO. P630 8J994632 PHX18 COVERAGE PART DECLARATIONS ISSUE DATE 10 23 18 INSURING COMPANY THE PHOENIX INSURANCE COMPANY DECLARATIONS PERIOD From 10 06 18 to 08 08 19 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE Employee Benefits Liability Coverage Form Limits of Insurance Aggregate Limit 2000000 Each Employee Limit 1000000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS LIMITED LIABILITY COMPANY 4. RETROACTIVE DATE This insurance does not apply to negligent acts errors or omissions which occurred before the Retroactive Date if any shown below. Retroactive Date 10 06 2017 5. EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION VII DEFINITIONS Limits of Insurance 2000000 1000000 DEDUCTIBLE NONE EACH EMPLOYEE PREMIUM COMPUTATION Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium 75 300 300 NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. Rate Per Employee CG T0 09 09 93 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 OFFICE KANSAS CITY XG345 | 2 |
TABLE OF CONTENTS SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions Supplementary Payments..... SECTION Il WHO IS AN INSURED SECTION III LIMITS OF INSURANCE SECTION IV DEDUCTIBLE Bankruptey... Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Non renewal And Renewal Conditions Applicable to SECTION VI EXTENDED REPORTING PERIODS SECTION VII DEFINITIONS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS.. o Duties in The Event of Act Error or Omission Claim Or Suit Commercial General Liability Coverage Part... Beginning on Page NNNNOo oo oo CG T043 0116 2016 The Travelers Indemnity Company. Al rights reserved. Page 1 of 1 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions SUPPIEMENLArY PAYMENES o O SECTION Il WHO IS AN INSURED 3 SECTION III LIMITS OF INSURANCE 4 SECTION IV DEDUCTIBLE 4 SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS........ ccooociiiiiii Bankruptey... e Duties in The Event of Act Error or Omission Claim Or Suit Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Non renewal And Renewal Conditions Applicable to Commercial General Liability Coverage Part... 1 NNNNOo oo oo SECTION VI EXTENDED REPORTING PERIODS 7 SECTION VII DEFINITIONS 8 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM | 2 |
COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII Definitions. SECTION EMPLOYEE BENEFITS LIABILITY 3 The negligent act error or omission was COVERAGE committed on or after the Retroactive 1. Insuring Agreement Dgte if any shown in the Declarations of. this Coverage Part and before the end of a. We will pay those sums that the insured CGT1010116 becomes legally obligated to pay as damages the policy period and because of loss to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section I Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program The negligent act error or omission is committed in the coverage territory 2 4 A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e. below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to be the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and beneficiaries will be deemed 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY to have been first made or brought at the time the first of those claims or suits is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act error or omission was committed 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2. Exclusions This insurance does not apply to a. Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation Any claim or suit based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Loss arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice or policy such as coercion demotion reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or Page 2 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY imprisonment applied to or directed at that person regardless of whether such practice or policy occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of loss to that person at whom any of the employment related practices or policies described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made 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. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION Il WHO IS AN INSURED 1. If you are 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 or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are also insureds but only with respect to their liability as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Each of your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company who is or was authorized to administer your employee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership CGT1010116 Page 3 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was 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. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section I Who Is An Insured. SECTION Ill 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 c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. 2. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Page 4 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 2. Duties In The Event Of Act Error Or Omission Claim Or Suit a. CGT1010116 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it was committed and 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or a suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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 loss to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint 2 3 4 2016 The Travelers Indemnity Company. All rights reserved. venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an act error or omission. If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is i A lawfully elected or appointed official executive officer or director of any public entity iiy A partner or member of any partnership or joint venture iii A manager of any limited liability company iv An executive officer or director of any other organization or v Atrustee of any trust that is your partner joint venture member manager or trustee or Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. b 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoinus as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
COMMERCIAL GENERAL LIABILITY 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 valid and collectible other insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company ii Us or any of our affiliated insurance companies iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Page 6 of 9 2016 The Travelers Indemnil Includes copyrighted material of Insuranc 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or renewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage y Company. Al rights reserved. CG T1010116 Services Office Inc. with its permission. 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 10. Cancellation Nonrenewal And Renewal ns Applicable To Commercial General y Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. SECTION VI EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. 2. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They only apply to claims or suits for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for loss covered under subsequent insurance you purchase or that would be covered under such insurance but for the exhaustion of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. 4. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a. A written request from you to purchase the Supplemental Extended Reporting Period b. Full payment of the earned premium for this policy c. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION VIl DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of the employee benefit program CGT1010116 Page 7 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY b. c. Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and 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. Advertising injury a. Means injury other than personal injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. 2 b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or illness or emotional distress. Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits 2 3 Page 8 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
COMMERCIAL GENERAL LIABILITY 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Declarations or added thereto by endorsement. b. Does not include any benefit plan or program described in Paragraph a. above that is self insured. 9. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Personal injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 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 provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to 5 4 b. have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. 13. Slogan a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 14. Suit means a civil proceeding in which damages because of loss to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or submits with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 15. 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. 16. Title means a name of a literary or artistic work. CGT1010116 Page 9 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission. | 2 |
INTERLINE ENDORSEMENTS | 2 |
INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an indi vidual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved. Page 1of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such In sured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Loss es is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. Page 2 of 2 ILT3 680115 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER P630 87J994632 PHX18 ISSUE DATE 10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION Number of Days Notice of Cancellation 30 CANCELLATION PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL T8 03 ADDRESS THE ADDRESS FOR THAT PERSON CONTINUED ON IL T8 03 HOUSTON TX 77058 PROVISIONS If we cancel this policy for any statutorily permitted reason other than nonpayment of premium and a number of days is shown for cancellation in the schedule above we will mail notice of cancellation to the person or organization shown in the schedule IL T4 0503 11 2011 The Travelers Indemnity Company. All rights reserved. above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. Page 1 of 1 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi tions Prohibited Coverage Unlicensed Insurance 1. With respect to loss sustained by any insured or loss to any property located in a country or juris diction in which we are not licensed to provide this insurance this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic tion. 2. We do not assume responsibility for a. The payment of any fine fee penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur ance in such country or jurisdiction or Prohibite tions We will p will provid ing such any of our 1. Any tr regulz 2. Anyo prohit b. The furnishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. ILT41203 15 Page 1 of 1 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
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