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BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY PROVISIONS GREEN BUILDING AND BUSINESS PERSONAL PROPERTY COVERAGE ENHANCEMENTS This endorsement modifies insurance provided under the following BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORM A. DEFINITIONS As used in this endorsement 1. Green means products materials methods and processes that conserve natural re sources reduce energy or water consump tion avoid toxic or other polluting emissions or otherwise minimize the environmental im pact. 2. Green Authority means a recognized au thority on green building or green products materials or processes. B. The BUSINESSOWNERS PROPERTY COVER AGE SPECIAL FORM is changed as follows 1. The following Additional Coverages are added a. Green Building Alternatives In creased Cost 1 If direct physical loss or damage by a Covered Cause of Loss occurs to a building that is covered property we will pay for a The reasonable additional cost you incur to repair or replace the lost or damaged portions of the building using products or mate rials that i Are green alternatives to the products or materials of the lost or damaged property in accordance with the documented standards of a Green Authority and ii Are otherwise of comparable quality and function to the damaged property and 2 3 4 5 b The reasonable additional cost you incur to employ green methods or processes of con struction disposal or recycling in the course of the repair and re placement of the lost or damaged building in accordance with the documented standards of a Green Authority. The insurance provided under this Additional Coverage applies only if replacement cost valuation applies to the lost or damaged building and then only if the building is actually repaired or replaced as soon as reasonably possible after the loss or damage. The insurance provided under this Additional Coverage does not apply to any building that has been vacant for more than 60 consecutive days before the loss or damage occurs. The most we will pay for the addi tional cost incurred with respect to each building in any one occurrence under this Additional Coverage is de termined by a Multiplying 5 times b The amount we would otherwise pay for the direct physical loss of or damage to the building prior to application of any applicable de ductible. However the most we will pay for the additional cost incurred in any one occurrence regardless of the number of buildings involved is 25000. MP T3 56 02 08 2007 The Travelers Companies Inc. Page 1 of 4 TRAVELERS DOC MGMT Page 246 of 391 | 2 |
BUSINESSOWNERS b. Green Building Reengineering and Re certification Expense 1 If as a result of direct physical loss or damage by a Covered Cause of Loss to a building that is Covered Property the pre loss level of green building certification by a Green Authority on the building is lost we will pay for the following reasonable additional ex penses you incur to re attain the pre loss level of green building certifica tion from that Green Authority a The reasonable additional ex pense you incur to hire a qualified engineer or other professional required by the Green Authority to be involved in i Designing overseeing or documenting the repair or re placement of the lost or dam aged building or ii Testing and recalibrating the systems and mechanicals of the lost or damaged building to verify that the systems and mechanicals are performing in accordance with the design of such systems and me chanicals or the specifica tions of the manufacturer and b The reasonable registration and recertification fees charged by the Green Authority. 2 This Additional Coverage applies to the additional expenses described above that you incur to achieve the pre loss level of green building certi fication in accordance with the stan dards of the Green Authority that exist at the time of repair or replace ment even if the standards have changed since the original certifica tion was achieved. The insurance provided under this Additional Coverage does not apply to any building that has been vacant for more than 60 consecutive days before the loss or damage occurs. 3 4 The most we will pay in any one oc currence under this Additional Cover age for a All expenses incurred with re spect to each building is 5 of the sum of The amount we pay for the direct physical loss of or damage to the building in cluding any amount paid un der the Green Building Alter natives Increased Cost Ad ditional Coverage and ii The deductible amount ap plied to the loss payment for direct physical loss or dam age to the building b All expenses incurred regardless of the number of buildings in volved is 25000. 2. The following Coverage Extensions are added a. Green Building and Business Personal Property Alternatives Increased Pe riod of Restoration If a Direct physical loss or damage by a Covered Cause of Loss occurs to a building at the described premises or Business Personal Property at the described prem ises to which the Green Business Personal Property Alternatives Increased Cost Coverage Exten sion applies and The Declarations show that you have coverage for Business In come and Extra Expense you may extend that insurance to in clude the amount of actual loss of Business Income you sustain and reasonable and necessary Extra Ex pense you incur during the increase in the period of restoration that is reasonably necessary to i Repair or replace the lost or damaged portions of the building or Business Personal Property as described in Green Business Personal b Page 2 of 4 2007 The Travelers Companies Inc. MP T3 56 02 08 TRAVELERS DOC MGMT Page 247 of 391 | 2 |
BUSINESSOWNERS Property Alternatives In creased Cost Coverage Ex tension using products or materials that a Are green alternatives to the products or mate rials of the lost or dam aged property in accor dance with the docu mented standards of a Green Authority and b Are otherwise of compa rable quality and function to the damaged property and ii Employ green methods or processes of construction disposal or recycling in the course of the repair and re placement of the lost or dam aged building or Business Personal Property as de scribed in Green Business Personal Property Alterna tives Increased Cost Cov erage Extension in accor dance with the documented standards of a Green Au thority subject to a maximum of 30 addi tional days from the date the pe riod of restoration would other wise have ended. 2 This Coverage Extension is included in and does not increase the amount of coverage available based on the applicable Business Income and Ex tra Expense provision shown in the Declarations. b. Green Business Personal Property Al ternatives Increased Cost If a The Declarations show that you have coverage for Business Per sonal Property and b Direct physical loss or damage by a Covered Cause of Loss occurs to covered Business Personal Property at the described prem ises and 2 3 4 5 c Such loss or damage requires replacement of such property or with respect to improvements and betterments requires repair or replacement you may extend that insurance to ap ply to the reasonable additional cost you incur to replace the lost or dam aged Business Personal Property or with respect to improvements and betterments to repair or replace the lost or damaged portions of such im provements and betterments using products or materials that i Are green alternatives to the products or materials of the lost or damaged property in accordance with the documented standards of a Green Authority and ii Are otherwise of comparable quality and function to the damaged property. With respect to improvements and betterments you may also extend that insurance to apply to the reasonable additional cost you incur to employ green methods or processes of con struction disposal or recycling in the course of the repair and replacement of the lost or damaged building in accordance with the documented standards of a Green Authority. The insurance provided under this Coverage Extension applies only if replacement cost valuation applies to the lost or damaged property and then only if the property is actually repaired or replaced as soon as rea sonably possible after the loss or damage. This Coverage Extension does not apply to stock or property of others that is in your care custody or con trol. The insurance provided under this Coverage Extension does not apply to Business Personal Property at any building that has been vacant for more than 60 consecutive days be fore the loss or damage occurs. MP T3 56 02 08 2007 The Travelers Companies Inc. Page 3 of 4 TRAVELERS DOC MGMT Page 248 of 391 | 2 |
BUSINESSOWNERS 6 The most we will pay in any one oc 7 currence under this Coverage Exten sion for the increased cost incurred with respect to the damaged property to which this Coverage Extension ap plies is determined by a Multiplying 5 times b The amount we would otherwise pay for the direct physical loss of or damage to the business per sonal property prior to applica tion of any applicable deductible. However the most we will pay for the additional cost incurred in any one occurrence regardless of the number of described premises involved is 25000. 3. The following provision is added to the Loss Payment Loss Condition in Section E.4. Except as specifically provided under the Green Building Alternatives Increased Cost Additional Coverage and Green Building Reengineering and Re certification Expense Additional Cover age and Green Business Personal Property Alter natives Increased Cost Coverage Ex tension the cost to repair rebuild or replace does not include any increased cost incurred to re a. b. attain a pre loss level of green building certi fication from a Green Authority. This endorsement does not apply to property covered under the Newly Acquired or Con structed Property Additional Coverage. With respect to the Additional Coverages and Coverage Extensions of this endorsement we will not pay for any Business Income or Extra Expense loss caused by or resulting from ob taining green building certification from a Green Authority. However this does not apply to any increase in the period of resto ration required to re attain a pre loss level of green building certification from a Green Authority as otherwise covered under the Green Building and Business Personal Prop erty Alternatives Increased Period of Resto ration Coverage Extension. Under the DEFINITIONS in Section G. the following is added to the definition of period of restoration Period of restoration does not include any increased period required to re attain a pre loss level of green building certification from a Green Authority. But this does not apply to any increase in the period of restoration otherwise covered under the Green Building and Business Personal Property Alternatives Increased Period of Restoration Coverage Extension. Page 4 of 4 2007 The Travelers Companies Inc. MP T3 56 02 08 TRAVELERS DOC MGMT Page 249 of 391 | 2 |
BUSINESSOWNERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE PART A. The BUSINESSOWNERS PROPERTY COVER AGE SPECIAL FORM is changed as follows 1. MP T537 1113 If partial loss or damage to Covered Property is caused by or results from fire Paragraph 4.a. of the Loss Payment Building and Personal Property Loss Condition is re placed by the following LOSS PAYMENT n the event of partial loss or damage caused by or resulting from fire and covered by this policy at your option we will either 1 Pay you an amount of money equal to the damage done or 2 Repair the damage so that the property is in as good a condition as before the fire. But we will not pay more than the Limit of In surance. The following provision replaces Paragraph c. of the Loss Payment Building and Per sonal Property Loss Condition In the event of loss or damage covered under this policy we will give you notice within 15 working days after we receive a properly exe cuted proof of loss that we 1 Accept your claim 2 Deny your claim or 3 Need more time to determine whether your claim should be accepted or denied If we deny your claim such notice will be in writing and will state any policy provision condition or exclusion used as a basis for the denial. If we need more time to determine whether your claim should be accepted or denied the written notice will state the reasons why more time is needed. If we have not completed our investigation we will notify you again in writing within 45 days after the date the initial notice is sent in forming you that we need more time to de termine whether your claim should be ac 2013 The Travelers Indemnity Company. All rights reserved. cepted or denied and thereafter every 45 days. The written notice shall state why more time is needed to investigate your claim. Paragraph 2. Appraisal Loss Condition is re placed by the following APPRAISAL If we and you disagree on the value of the property 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 the written demand for appraisal. The two appraisers will select an umpire. If they can not agree upon an umpire within 15 days then upon your or our request an umpire shall be selected by a judge of a court of rec ord in the state and county or city if the city is not within a county in which the property covered is located. The appraisers 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. The umpire shall make an award within 30 days after the umpire receives the appraisers submissions of their differences. A decision agreed to by any two will be binding. 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 we will still retain our right to deny the claim. The Legal Action Against Us Condition is replaced by the following LEGAL ACTION AGAINST US No one may bring a legal action against us under this insurance unless a. There has been full compliance with all of the terms of this insurance and b. The action is brought within 10 years after the date on which the direct physical loss or damage occurred. Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 250 of 391 | 2 |
BUSINESSOWNERS 5. Missouri Property And Casualty Insurance Guaranty Association Coverage Limita tions 1 Subject to the provisions of the Missouri Property and Casualty Insurance Guaran ty Association Act to be referred to as the Act if we are a member of the Mis souri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims covered under the Act if we be come insolvent. 2 The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and affect the amount of any payment. The following limitations apply subject to all other provi sions of the Act a. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the in surer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its affiliates as calculated on a consolidated basis. b. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises or 2 Return to an insured any un earned premium in excess of 25000. These limitations have no effect on the coverage we will provide under this pol icy. 6. The following exclusion and related provi sions are added to Paragraph B.2. Exclu sions a. We will not pay for loss or damage arising out of any act an insured commits or con spires to commit with the intent to cause a loss. Page 2 of 3 2013 The Travelers Indemnity Includes copyrighted material of Insurance In the event of such loss no insured is entitled to coverage even insureds who did not commit or conspire to commit the act causing the loss. b. However this exclusion will not apply to deny coverage to an innocent co insured who did not cooperate in or contribute to the creation of the loss provided the loss is otherwise covered under this Coverage Part and the loss arose out of domestic violence. Such coverage will be provided only if the innocent co insured files a po lice report and completes a sworn affida vit indicating both 1 The cause of the loss and 2 A pledge to cooperate in any criminal prosecution of the person committing the act causing the loss. c. If we pay a claim pursuant to Paragraph 6.b. our payment to the innocent co insured will be limited to that insured s ownership interest in the property as re duced by any payment to a mortgagee or other secured interest however we shall not be required to make any subsequent payment for any loss for which the inno cent co insured has received payment. In no event will we pay more than the Limit of Insurance. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Loss Condition If we pay an innocent coinsured for loss aris ing out of an act of domestic violence by an other insured the rights of the innocent coin sured to recover damages from the abuser are transferred to us to the extent of our pay ment. Following the loss the innocent coin sured may not waive such rights to recover against the abuser. The following is added with respect to the Additional Coverages of Debris Removal and Pollutant Clean Up And Removal and relates only to the requirement to report expenses to us within 180 days of the specified occur rence If you fail to report the expenses to us within the 180 day timeframe such failure will not invalidate a claim under Debris Removal or Pollutant Clean Up And Removal unless such failure operates to prejudice our rights. 2013 The Travelers Indemnity Company. All rights reserved. MP T537 1113 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 251 of 391 | 2 |
BUSINESSOWNERS and duties with respect to the insured real property but only for the period from the date of your death until the first of the following oc curs a. A period of 30 days from the date of your death b. The date that alternative coverage is ob tained on your property or c. The end of the policy period as shown in the Declarations. Transfer By Other Means Following Death If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal repre sentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. 9. B. The When Replacement Cost Coverage applies the following is added with respect to these provisions and relates only to the requirement to notify us of your intent to submit an addi tional claim for the difference between the actual cash value and replacement cost within 180 days after the loss or damage oc curs If you fail to notify us of your intent within the 180 day timeframe such failure will not in validate the claim unless such failure oper ates to prejudice our rights. COMMON POLICY CONDITIONS is amended as follows The Transfer Of Your Rights And Duties Under This Policy condition is replaced by the following 1. Transfer By Beneficiary Deed If you convey real property insured under this policy to a person known as a grantee bene ficiary designated under a beneficiary deed which has been properly recorded prior to your death that person will have your rightsl 2013 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 252 of 391 MP T537 1113 | 2 |
GENERAL LIABILITY TRAVELERS DOC MGMT Page 253 of 391 | 2 |
GENERAL LIABILITY TRAVELERS DOC MGMT Page 254 of 391 | 2 |
DECLARATIONS PREMIUM SCHEDULE Issue Date 11132018 Policy Number 680 8M849912 18 42 This Schedule applies to the Declarations for the period of 12282018 to 12282019. 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. PREMIUM BASE ADVANCE STATE ZIP CLASS DESCRIPTION CODE NUMBER EXPOSURE RATES PREMIUM MO 64116 FURNITURE s 11000001.561 6171 Premium Base Legend Premium Base a area admissions p payroll r receipts How Rates Atpply per 1000 sq. per 1000 of total cost per employee per 1000 of admissions per 1000 of payroll per 1000 of receipts Premium Base gross sales units How Rates Apply per 1000 of gross sales per unit This premium base is reserved for unusual applications. Base and how rates apply are shown above. CG T0 07 04 09 Page 1 of 1 TRAVELERS DOC MGMT Page 255 of 391 | 2 |
KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIP 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 a c Premium Base Area Total Cost Admissions Payroll Gross Sales see note below Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t is used 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 T0 08 07 86 TRAVELERS DOC MGMT Page 256 of 391 | 2 |
TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION I COVERAGES Coverage A Beginning on Page Bodily Injury and Property INsSUring AGreement........... ccccooiiueucioinirireeeecieeeeceeeee Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement........... ccccccvveuicienns Injury Liability Exclusions Coverage C Medical Payments INsSUring AGreement........... ccccooiiueucioinirireeeecieeeeceeeee Exclusions Supplementary Payments........ SECTION II WHO IS AN INSURED SECTION HI LIMITS OF INSURANCE.......... c.ccccovunnns SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS............... Bankruptcy Duties in the Event of Occurrence Legal Action Against Us Other Insurance. Premium Audit Representation Separation of Insureds Transfer of Rights of Recovery Agalnst Others To Us. When We Do Not Renew.. SECTION V DEFINITIONS........ TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 SECTION COVERAGES Beginning on Page Coveraage A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 00011001 Coverage A Bodily Injury and Property Insuring Agreement............ cccoceueee Damage Liability Exclusions Coverage B Personal and Advertising Insuring Agreement Injury Liability Exclusions Coverage C Medical Payments Insuring Agreement............ cccoceueee Exclusions Supplementary Payments SECTION Il WHO IS AN INSURED SECTION IlI LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy Duties in the Event of Occurrence Claim or Suit Legal Action Against Us. Other Insurance Premium Audi Representations Separation of Insureds Transfer of Rights of Recovery galnst Others To Us. When We Do Not Renew. SECTION V DEFINITIONS Coverage B Personal and Advertising Insuring Agreement...... Injury Liability Exclusions............... Coverage C Medical Payments CGT0341103 TRAVELERS DOC MGMT Page 257 of 391 | 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 Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured 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 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 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 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2 3 2 3 CG 00011001 ISO Properties Inc. 2000 Page 1 of 16 TRAVELERS DOC MGMT Page 258 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY e. 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 t 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 b 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 Liabi 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 d. 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 ii 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 IS0 Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 259 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY 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 b At or from any premises site or loca c d 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 ii 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. e 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. CGooo011001 1SO Properties Inc. 2000 Page 3 of 16 TRAVELERS DOC MGMT Page 260 of 391 | 2 |
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 4 5 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being 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 on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lll 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. 2 3 4 5 6 Page 4 of 16 IS0 Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 261 of 391 | 2 |
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 a. 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 Ill Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and 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 a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG 00011001 ISO Properties Inc. 2000 Page 5 of 16 TRAVELERS DOC MGMT Page 262 of 391 | 2 |
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 2 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 IS0 Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 263 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 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. 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. 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 TRAVELERS DOC MGMT Page 264 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. g. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or 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 b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the 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 e. 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 f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investiga tion settlement or defense of the suit b Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit c Notify any other insurer whose cov erage is available to the indemnitee and d Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met 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. Anindividual 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. Anorganization 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 IS0 Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 265 of 391 | 2 |
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 ISO Properties Inc. 2000 Page 9 of 16 TRAVELERS DOC MGMT Page 266 of 391 | 2 |
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 Il 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 Bankruptcy 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 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person Page 10 of 16 IS0 Properties Inc. 2000 CGo0o011001 TRAVELERS DOC MGMT Page 267 of 391 | 2 |
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 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. d 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other 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 entitled 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 CG 00011001 ISO Properties Inc. 2000 Page 11 of 16 TRAVELERS DOC MGMT Page 268 of 391 | 2 |
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. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against 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. 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. 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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion nsurance to the total applicable ince of all insurers. ute all premiums for this Cover accordance with our rules and licy you agree Page 12 of 16 IS0 Properties Inc. 2000 CGooo11001 TRAVELERS DOC MGMT Page 269 of 391 | 2 |
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 fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or 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 b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to 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 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or 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 1. by a labor leasing firm under an agreement be tween you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft 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 the owner is not an e S0 Properties Inc. 2000 Page 13 of 16 TRAVELERS DOC MGMT Page 270 of 391 CG 00011001 | 2 |
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 14. 15. 16. means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. 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 other public r next main erma iggers equip llers or d. d are lity to e fol Page 14 of 16 1SO Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 271 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY 17. 18. 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 The existence of tools uninstalled equipment or abandoned or unused ma terials or 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. 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. 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 2 3 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 ISO Properties Inc. 2000 Page 15 of 16 TRAVELERS DOC MGMT Page 272 of 391 | 2 |
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 S0 Properties Inc. 2000 CG 00011001 TRAVELERS DOC MGMT Page 273 of 391 | 2 |
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 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 b move 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 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. Copyright The Travelers Indemnity Company 2003 Page 1 of 1 TRAVELERS DOC MGMT Page 274 of 391 CG D255 1103 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT PRODUCTS COMPLETED OPERATIONS HAZARD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The definition of products completed operations hazard Section V Defi 16.b. 3 and replacing it with ons is amended by deleting item 3 Products or operations for which the classification listed in the Declarations in a policy schedule or in our manual of rules states that the products completed operations are subject to the General Aggregate Limit. CG D309 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 275 of 391 | 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 pur poses of liability assumed by you in an in sured contract reasonable attorney 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 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 ex penses are for defense of that party against a civ il or alternative dispute reso lution pro ceeding in which damages to which this insurance applies are alleged. 2. The following replaces the third sentence of C. ADDI CONE TION The f Exclu COVE INJUF Acce sonal Pers of any organ tion. D. AMEI 1. Tl F DEFINITION OF PERSONAL NG INJURY laces the definition of personal jury in the DEFINITIONS Sec sertising injury means personal ing injury. F CONTRACTUAL LIABILITY EXCEPTION FOR DAMAGES ERSONAL INJURY ASSUMED URED IN AN INSURED CON is added to Exclusion e. Con ity in Paragraph 2. of SEC OVERAGES COVERAGE B AND ADVERTISING INJURY 1 also does not apply to liability because of personal injury as 1 in a contract or agreement that d contract provided that the iry is caused by an offense bsequent to the execution of the greement. Solely for the pur lity assumed by you in an in t reasonable attorney fees and gation expenses incurred by or other than an insured will be damages because of personal ed that such party for or for the cost arty s defense has also been as you in the same insured con orney fees and litigation ex re for defense of that party civ il or alternative dispute reso ceeding in which damages to insurance applies are alleged. replaces the third sentence of 2015 The Travelers Indemnity Company. All rights reserved. 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 mu nicipality 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 INFORMA TION 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 informa tion. D. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 276 of 391 Page 1 0of 4 CGD4710115 | 2 |
COMMERCIAL GENERAL LIABILITY 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 fal sity. 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 in jury arising out of oral or written pub lication including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or 3 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. 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. 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. The following replaces Exclusion i. Infringe ment Of Copyright Patent Trademark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSON AL 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. 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 j. Insureds In Media And Internet Type Businesses Page 2 of 4 2015 The Travelers Indemnity Company. Al rights reserved. CGD4710115 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 277 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY 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 2 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 pub lishing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING IN JURY 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 1l 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 personal injury and advertising injury sus tained by any one person or organization.. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury a. Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including publi cation 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 services disparaged 2 Oral or written publication including publi cation 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 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. b. 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 a. By radio or television or b. 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. Personal injury 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 278 of 391 CGD4710115 | 2 |
COMMERCIAL GENERAL LIABILITY 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 en try into or invasion of the right of private occupancy of a room dwelling or prem ises that a person occupies provided that the wrongful eviction wrongful entry or in vasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises 4 Oral or written publication including publi cation by electronic means of material that slanders or libels a person or organi zation or disparages a person s or organi zation s goods products or services pro vided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or li beled or that claims to have had its goods products or services disparaged or 5 Oral or written publication including publi cation 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 2015 The Travelers Indemnity Company. All rights reserved. CGD4710115 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 279 of 391 | 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 3. 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. GENERAL LIABILITY CONDITIONS aragraph 4. Other Insurance is OWS s CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies Inc. All rights reserved. Page 1 of 1 TRAVELERS DOC MGMT Page 280 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO VISIONS of this endorsement carefully to determine rights duties and what is and is not covered. A. Broadened Named Insured I. Injury to Co Employees and Co Volunteer B. Damage To Premises Rented To You Extension Workers Perils of fire explosion lightning smoke water J. Aircraft Chartered with Crew Limit increased to 300000 K. Non Owned Watercraft Increased from 25 feet to 50 feet L. Increased Supplementary Payments o Blanket Waiver of Subrogation D. Blanket Additional Insured Managers or Lessors of Premises Cost for bail bonds increased to 2500 E. Blanket Additional Insured Lessor of Loss of earnings increased to 500 per day leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury Assumed by Contract N. Unintentional Omission H. Extension of Coverage Bodily Injury O. Reasonable Force Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara 1. The last paragraph of COVERAGE A. BOD tions is as follows ILY INJURY AND PROPERTY DAMAGE LI The person or organization named in Iltem 1. ABILITY Section Coverages is deleted of the Declarations and any organization and replaced by the following other than a partnership or joint venture over Exclusions c. through n. do not apply to dam which you maintain ownership or majority in age to premises while rented to you or tem terest on the effective date of the policy. porarily occupied by you with permission of However coverage for any such organization the owner caused by will cease as of the date during the policy pe riod that you no longer maintain ownership of a. Fire or majority interest in such organization. b. Explosion 2. WHO IS AN INSURED Section Il ltem 4.a. c. Lightning is deleted and replaced by the following d. Smoke resulting from such fire explosion a. Coverage under this provision is afforded or lightning or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period whichever is earlier unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per son or organization for which coverage is ex cluded by endorsement. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR ANCE Section Ill. 2. This insurance does not apply to damage to premises while rented to you or temporarily CGD1861103 Copyright The Travelers Indemnity Company 2003 Page 1 of 5 TRAVELERS DOC MGMT Page 281 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY 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. Part 6. of LIMITS OF INSURANCE Section Iy is deleted and replaced by the following Subject to 5. above the Damage To Prem ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be cause of property damage to any one prem ises while rented to you or temporarily occu pied by you with permission of the owner caused by fire explosion lightning smoke resulting from such fire explosion or light ning or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same occur rence whether such damage results from fire explosion lightning smoke resulting from such fire explosion or lightning or water or any combination 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 for Damage To Premises Rented To You Limit. Under DEFINITIONS Section V Paragraph a. of the definition of insured contract is amended so that it does not include that por tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you or temporarily occupied by you with permis sion of the owner caused by a. Fire b. Explosion c. Lightning d. Smoke resulting from such fire explosion or lightning or e. Water. This Provision B. does not apply if coverage for Damage To Premises Rented To You of C. D. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section I Coverages is excluded by endorsement. BLANKET WAIVER OFSUBROGATION 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. BLANKET ADDITIONAL INSURED MANAG ERS OR LESSORS OF PREMISES WHO IS AN INSURED Section Il is amended to include as an insured any person or organization referred to below as additional insured with whom you have agreed in a written contract exe cuted prior to loss to name as an additional in sured but only with respect to liability arising out of the ownership maintenance or use of that part of any premises leased to you subject to the fol lowing provisions 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide or the lim its shown on the Declarations whichever is less. 2. The insurance afforded to the additional in sured does not apply to a. Any occurrence that takes place after you cease to be a tenant in that premises b. Any premises for which coverage is ex cluded by endorsement or c. Structural alterations new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in sured is excess over any valid and collectible insurance available to such additional in sured unless you have agreed in a written contract for this insurance to apply on a pri mary or contributory basis. BLANKET ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED Section Il is amended to include as an insured any person or organization referred to below as additional insured with roperty damage to any one prem ented to you or temporarily occu u with permission of the owner fire explosion lightning smoke om such fire explosion or light ater. The Damage To Premises You Limit will apply to all damage caused by the same occur ether such damage results from ion lightning smoke resulting from xplosion or lightning or water or ation of any of these. ge To Premises Rented To You the higher of 00 or nount shown on the Declarations nage To Premises Rented To You INITIONS Section V Paragraph definition of insured contract is o that it does not include that por contract for a lease of premises nifies any person or organization to premises while rented to you rily occupied by you with permis owner caused by on g incluc refer whon cuted sured of the of an lowin 1. L a li it le 2. T s a b c 3. T S ir s c Page 2 of 5 Copyright The Travelers Indemnity Company 2003 CGD1861103 TRAVELERS DOC MGMT Page 282 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract exe cuted prior to loss to name as an additional in sured but only with respect to their liability arising out of the maintenance operation or use by you of equipment leased to you by such additional in sured subject to the following provisions 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide or the lim its shown on the Declarations whichever is less. 2. The insurance afforded to the additional in sured does not apply to a. Any occurrence that takes place after the equipment lease expires or b. Bodily injury or property damage aris ing out of the sole negligence of such ad ditional insured. 3. The insurance afforded to the additional in sured is excess over any valid and collectible insurance available to such additional in sured unless you have agreed in a written contract for this insurance to apply on a pri mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of bodily injury in DEFINI TIONS Section V is amended to include In cidental Medical Malpractice Injury. 2. The following definition is added to DEFINI TIONS Section V Incidental medical malpractice injury means bodily injury mental anguish sickness or dis ease sustained by a person including death resulting from any of these at any time aris ing out of the rendering of or failure to ren der the following services 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 or c. Firstaid. d. Good Samaritan services. As used in this Provision F. Good Samaritan ser vices are those medical services ren dered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.1d of WHO IS AN IN SURED Section 1l does not apply to any registered nurse licensed practical nurse emergency medical technician or paramedic employed by you but only while performing the services described in paragraph 2. above and while acting within the scope of their em ployment by you. Any employees rendering Good Samaritan services will be deemed to be acting within the scope of their employ ment by you. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL ITY Section I Coverages This insurance does not apply to Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. For the purposes of determining the applica ble limits of insurance any act or omission together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person will be considered one occurrence. This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. The insurance provided by this Provision F. shall be excess over any other valid and col lectible insurance available to the insured whether primary excess contingent or on any other basis except for insurance pur chased specifically by you to be excess of this policy. G. PERSONAL INJURY ASSUMED BY CON TRACT 1. The Contractual Liability Exclusion in Part 2. Exclusions of COVERAGE B. PER SONAL AND ADVERTISING INJURY LIABIL ITY Section Coverages is deleted and replaced by the following This insurance does not apply to Contractual Liabi Advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for CGD1861103 Copyright The Travelers Indemnity Company 2003 Page 3 of 5 TRAVELERS DOC MGMT Page 283 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY damages that the insured would have in the absence of the contract of agreement. 2. Subparagraph f. of the definition of insured contract DEFINITIONS Section V is de leted and replaced by the following 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. 3. This Provision G. does not apply if COVER AGE B. PERSONAL AND ADVERTISING IN JURY LIABILITY is excluded by endorse ment. H. EXTENSION OF COVERAGE BODILY IN JURY The definition of bodily injury DEFINITIONS Section V is deleted and replaced by the follow ing 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. INJURY TO CO EMPLOYEES AND CO VOLUNTEER WORKERS 1. Your employees are insureds with respect to bodily injury to a coemployee in the course of the coemployee s employment by you or to your volunteer workers while per forming duties related to the conduct of your business provided that this coverage for your employees does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your volunteer workers are insureds with respect to bodily injury to a covolunteer worker while performing duties related to the conduct of your business or to your employ ees in the course of the employee s em ployment by you provided that this coverage for your volunteer workers does not apply while performing duties unrelated to the con duct of your business. 3. Subparagraphs 2.a.1a b and c and 3.a. of WHO IS AN INSURED Section Il do not apply to bodily injury for which insurance is provided by paragraph 1. or 2. above. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con tained in the Aircraft Auto Or Watercraft Exclusion in Part 2. Exclusions of COVER AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages This exclusion does not apply to Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col lectible insurance available to the insured whether primary excess contingent or on any other basis except for insurance pur chased specifically by you to be excess of this policy.. NON OWNED WATERCRAFT 1. The exception contained in Subparagraph 2 of the Aircraft Auto Or Watercraft Exclu sion in Part 2. Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages is deleted and replaced by the following 2 A watercraft you do not own that is a Fifty feet long or less and b Not being used to carry persons or property for a charge 2. This Provision K. applies to any person who with your expressed or implied consent either uses or is responsible for the use of a water craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col lectible insurance available to the insured whether primary excess contingent or on any other basis except for insurance pur chased specifically by you to be excess of this policy.. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Section I Coverages are amended as follows 1. In Part b. the amount we will pay for the cost of bail bonds is increased to 2500. Page 4 of 5 Copyright The Travelers Indemnity Company 2003 CGD1861103 TRAVELERS DOC MGMT Page 284 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of earnings is increased to 500 a day. M. KNOWLEDGE AND NOTICE OF OCCUR RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS Section IV paragraph 2. Duties In The Event of Oc currence Offense Claim or Suit Notice of an occurrence or of an offense which may result in a claim under this insur ance shall be given as soon as practicable af ter knowledge of the occurrence or offense has been reported to any insured listed under Paragraph 1. of Section Il Who Is An In sured or an employee such as an insur ance loss control or risk manager or adminis trator designated by you to give such notice. Knowledge by other employees of an oc currence or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section Il Who Is An Insured or an employee such as an insur ance loss control or risk manager or adminis trator designated by you to give such notice discovers that the occurrence offense or claim may involve this policy. 3. However this Provision M. does not apply as respects the specific number of days within N. 0. which you are required to notify us in writing of the abrupt commencement of a discharge release or escape of pollutants which causes bodily injury or property damage which may otherwise be covered under this policy. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN ERAL LIABILITY CONDITIONS Section V paragraph 6. Representations The unintentional omission of or unintentional error in any information provided by you shall not prejudice your rights under this insurance. How ever this Provision N. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws codes or regula tions. REASONABLE FORCE BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Part 2. Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages is deleted and replaced by the following This insurance does not apply to Expected or Intended Injury or Damage Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of rea sonable force to protect persons or property. CGD1861103 Copyright The Travelers Indemnity Company 2003 Page 5 of 5 TRAVELERS DOC MGMT Page 285 of 391 | 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 Ill 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 Il 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. Copyright Travelers Indemnity Company 1997 Page 1 of 1 TRAVELERS DOC MGMT Page 286 of 391 CG D203 1297 | 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 D413 0408 2008 The Travelers Companies Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 287 of 391 | 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 Electronic data processing recording or storage media such as films tapes discs drums or cells Data stored on such media or Programming records for electronic data process ing or electronically controlled equipment. CG D256 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 TRAVELERS DOC MGMT Page 288 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a 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 dis pline defamation harassment humilia tion or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily in jury to that person at whom any of the em ployment 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 repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Lial 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 humilia tion or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the em ployment 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 repay someone else who must pay damages because of the injury. CGD2881103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 289 of 391 | 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 2011 The Travelers Indemnity Company. Al rights reserved. Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 290 of 391 CGD32610 11 | 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 1. 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 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 is 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 wotilld aualify ae maobhile eanin 2014 The Travelers Indemnity Company. Al rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 291 of 391 CG D356 0514 | 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. 2. 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 against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. 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. 2008 The Travelers Companies Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 292 of 391 CG D4 210708 | 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. 2011 The Travelers Indemnity Company. All rights reserved. Page 1 0of 1 TRAVELERS DOC MGMT Page 293 of 391 CG D6 1810 11 | 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. 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 294 of 391 CG D746 0115 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY is amended by ad ding the following additional exclusion This Insurance does not apply to Bodily injury resulting from or as a consequence of discrimination whether intentional or uninten tional based upon a person s sex sexual prefer ence marital status race creed religion na tional origin age physical capabilities character istics or condition or mental capabilities or con dition. COVE ING It the fo This Pers quenc uninte prefer nation teristi condif COVERAGE B PERSONAL AND ADVERTIS ING INJURY LIABILITY is amended by adding the following additional exclusion This insurance does not apply to Personal injury resulting from or as a conse quence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities charac teristics or condition or mental capabilities or condition. CG D1420199 Copyright The Travelers Indemnity Company 1999 Page 1 of 1 TRAVELERS DOC MGMT Page 295 of 391 | 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 3 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. 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 3 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. CG D242 0102 Copyright The Travelers Indemnity Company 2002 Page 1 of 1 TRAVELERS DOC MGMT Page 296 of 391 | 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 property damage personal injury or advertising injury arising out of the actual or alleged presence or actual alleged or threatened dispersal of asbes 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 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. Page 1of 1 TRAVELERS DOC MGMT Page 297 of 391 CG T478 0290 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1.a. of Coverage C. Medical Pay ments is replaced with the following 1. Insuring Agreement a. We will pay medical expenses as de scribed below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident. However expenses reported to us after one year of the date of the acci dent will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. CG 26501298 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 TRAVELERS DOC MGMT Page 298 of 391 | 2 |
COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES DEFINITION OF POLLUTANTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART PROVISIONS The definition of pollutants in the DEFINITIONS Section of this Coverage Part or in any endorsement to this Coverage Part is replaced by the following Pollutants means any solid liquid gaseous or ther mal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Pol lutants includes Petroleum or petroleum derivatives gasoline fu els lubricants and their respective additives and individual chemical components including ben zene and toluene Chlorinated and halogenated solvents including tetrachloroethylene PCE or PERC trichloro ethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP byprod ucts and polynuclear aromatic hydrocarbons PAHSs phenols and polychlorinated biphenyls PCBs and Organic and inorganic pesticides and inorganic contaminants including arsenic barium beryl lium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 1. 4. The irritant or contaminant or the particular form type or source of the irritant or contaminant in volved in the claim or suit is specifically identi fied or described in this definition such as waste from manufacturing operations The irritant or contaminant has or had any func tion in any of the insured s business operations premises sites or locations such as i PERC for a dry cleaning business or i TCE or any of the other items included as examples of pollutants in b. above for de greasing operations The irritant or contaminant represents a major source of potential liability for the insured such as gasoline or any of the other items included as examples of pollutants in a. above for a gaso line station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. CG F2 5009 08 2008 The Travelers Companies Inc. Page 1 of 1 Includes the copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 299 of 391 | 2 |
CYBERFIRST ESSENTIALS TRAVELERS DOC MGMT Page 300 of 391 | 2 |
CYBERFIRST ESSENTIALS TRAVELERS DOC MGMT Page 301 of 391 | 2 |
A TRAVELERSJ One Tower Square Hartford Connecticut 06183 CYBERFIRST ESSENTIALS POLICY NO. 680 8M849912 18 42 COVERAGE PART DECLARATIONS ISSUE DATE 11 13 18 THIS COVERAGE IS PROVIDED ON A CLAIMS MADE BASIS. DEFENSE EXPENSES ARE PAYABLE WITHIN AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE. INSURING COMPANY THE PHOENIX INSURANCE COMPANY Policy Period From 12 28 18to 12 28 19 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. Information Security Retroactive Date 12 28 18 The CyberFirst Essentials Coverage Part consists of these Declarations the CyberFirst Essentials General Provi sions Form and the Coverage Form shown below. ITEM 1. COVERAGE CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM ITEM 2. LIMITS OF INSURANCE Aggregate Limit 25000 Each Wrongful Act Limit 25000 ITEM 3. DEDUCTIBLE Each Wrongful Act Deductible o0 ITEM 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. ITEM 2. 25000 25000 ITEM 3. ITEM 4. Page 10of 1 PRT0220212 TRAVELERS DOC MGMT Page 302 of 391 | 2 |
CYBER LIABILITY CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM THIS FORM APPLIES TO EACH OF YOUR CYBER LIABILITY COVERAGE FORMS THAT ARE PART OF YOUR POLICY. EACH OF THOSE COVERAGE FORMS APPLIES ON A CLAIMS MADE BASIS. DEFENSE EXPENSES ARE PAYABLE WITHIN AND ARE NOT IN ADDITION TO THE LIMITS OF INSURANCE. PAYMENT OF DEFENSE EXPENSES WILL REDUCE THE LIMITS OF INSURANCE. PLEASE READ THE ENTIRE FORM CAREFULLY. This form contains provisions that apply to each of your cyber liability coverage forms. Various provi sions in this form and your cyber liability coverage forms restrict coverage. Read the entire policy care fully to determine rights duties and what is and is not covered. Throughout this policy the words you and your re fer to the Named Insured shown in the Common Pol icy Declarations and any other person or organization qualifying as a Named Insured under this insurance. 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 In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII Definitions. Some words and phrases that appear in quotation marks in this form are defined in Section Il Definitions of your cyber liability coverage forms. Each term with a defined meaning shown in your cyber liability coverage forms when used in this form will have the defined meaning shown for that term in your cyber liability coverage forms. SECTION COVERAGE 1. Defense Of Claims Or Suits a. We will have the right and duty to defend the insured against any claim or suit seeking damages for loss to which the insurance provided under one or more of your cyber li ability coverage forms applies if no provider of other insurance has a duty to defend the insured against that claim or suit. How ever we will have no duty to defend the in sured against any claim or suit seeking damages for loss to which the insurance provided under your cyber liability coverage forms does not apply. When we defend a claim or suit against an insured we will pay reasonable defense ex penses. Payment of such defense ex penses will reduce the Limits of Insurance. We may at our discretion investigate any wrongful act or claim and settle any claim or suit. But our right and duty to de fend ends when we have used up the appli cable limit of insurance in the payment of judgments settlements or defense ex penses. If we notify you that we are willing to pay the amount of a proposed settlement of a claim or suit and you do not consent to that pro posed settlement in the event of any later settlement or judgment in which the insured incurs damages for such claim or suit the most we will pay for the combined total of damages and defense expenses incurred for such claim or suit after the date you re fused to give us such consent will be the amount of damages we were willing to pay for the proposed settlement. We will have the right but not the duty to de fend your indemnitee as if it were an insured under Paragraph a. above if all of the follow ing conditions are met 1 The claim or suit against the indem nitee seeks damages for loss for which you are obligated to pay by reason of the assumption of that indemnitee s liability in a contract or agreement that was made before the wrongful act including any part of related wrongful acts that caused such loss was known by any de scribed authorized person 2 The insurance provided under one or more of your cyber liability coverage forms applies to such liability assumed by you and 3 The obligation to defend or the cost of the defense of the indemnitee has also been assumed by you in the same con tract or agreement. When we defend a claim or suit against your indemnitee we will pay reasonable de fense expenses. Payment of such defense We may at our discretion investigate any wrongful act or claim and settle any claim or suit. But our right and duty to de fend ends when we have used up the appli cable limit of insurance in the payment of judgments settlements or defense ex penses. If we notify you that we are willing to pay the amount of a proposed settlement of a claim or suit and you do not consent to that pro posed settlement in the event of any later settlement or judgment in which the insured incurs damages for such claim or suit the most we will pay for the combined total of damages and defense expenses incurred for such claim or suit after the date you re fused to give us such consent will be the amount of damages we were willing to pay for the proposed settlement. We will have the right but not the duty to de fend your indemnitee as if it were an insured under Paragraph a. above if all of the follow ing conditions are met 1 The claim or suit against the indem nitee seeks damages for loss for which you are obligated to pay by reason of the assumption of that indemnitee s liability in a contract or agreement that was made before the wrongful act including any part of related wrongful acts that caused such loss was known by any de scribed authorized person 2 The insurance provided under one or more of your cyber liability coverage forms applies to such liability assumed by you and 3 The obligation to defend or the cost of the defense of the indemnitee has also been assumed by you in the same con tract or agreement. When we defend a claim or suit against your indemnitee we will pay reasonable de fense expenses. Payment of such defense 2012 The Travelers Indemnity Company. Al rights reserved Page 10f 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 303 of 391 PRT1130212 | 2 |
CYBER LIABILITY expenses will reduce the applicable limit of insurance. c. We will have no other obligation or liability to pay sums or perform acts or services unless explicitly provided for under Supplementary Payments or under your cyber liability cover age forms. Supplementary Payments We will pay with respect to any claim we are in vestigating any claim or suit we settle or any claim or suit against an insured we are defend ing a. All expenses other than defense expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We will not be the principal under these bonds and we do not have to furnish these bonds. c. All reasonable expenses incurred at our re quest by the insured who is an individual to assist us in the investigation or defense of the claim or suit including actual loss of earn ings of up to 1000 a day by that individual because of time off from work. d. All costs taxed against the insured in the suit but only for that part of the judgment we pay. e. 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 interest based on that period of time after the offer. f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any rea son other than it is more than the applicable limit of insurance we will not pay any interest that accrues on that portion of the judgment. g. The cost of any required appeal bond for any judgment that we appeal but only for bond amounts for that part of the judgment that is for damages to which one of more of your cyber liability coverage forms apply and which are within the applicable limit of insur ance. We will pay or reimburse the insured for the cost of a higher appeal bond amount if we are required to do so under the law that applies. We will not be the principal under any appeal bond and we do not have to furnish any appeal bond. These payments will not reduce the limits of in surance. Our duty to make such payments ends when we have used up the applicable limit of insurance in the payment of judgments settlements or de fense expenses. Exclusions Applying To All Of Your Cyber Li ability Coverage Forms The following exclusions apply to all coverages provided under your cyber liability coverage forms. These exclusions are in addition to the exclusions contained in each such coverage form and that apply only to the coverage provided un der such coverage form. The insurance provided under your cyber liability coverage forms does not apply to a. Advertising Injury Or Personal Injury Advertising injury or personal injury. b. Aircraft Products Or Work Loss arising out of 1 Any aircraft product provided to others 2 Any aircraft work provided or performed for others or 3 The grounding of any aircraft. c. Claims Or Suits By Certain Persons Or Organizations Loss for which a claim is made or suit is brought by or on behalf of any controlled or ganization or controlling person or organiza tion. d. Contractual Liability Loss for which the insured is obligated to pay damages by reason of the assumption of li ability in a contract or agreement that was made after the wrongful act including any part of related wrongful acts that caused such loss was known by any described au thorized person. This exclusion does not apply to loss for which the insured would have liability for damages without the contract or agreement. Page 2 of 13 PRT1130212 2012 The Travelers Indemnity Company. Al rights reserved. PRT11302 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 304 of 391 | 2 |
CYBER LIABILITY Criminal Dishonest Fraudulent Or Mali cious Wrongful Acts Or Knowing Viola tions Of Rights Or Laws Loss arising out of any criminal dishonest fraudulent or malicious wrongful act or any knowing violation of rights or laws committed 1 By the insured or 2 With the consent or knowledge of the in sured. This exclusion does not apply to our duty to defend that insured until it has been deter mined or admitted in a legal proceeding that such wrongful act or knowing violation was committed 1 By the insured or 2 With the consent or knowledge of that in sured. Electrical Or Mechanical Interruption Or Failure Loss arising out of an electrical or mechani cal interruption or failure. This exclusion does not apply if such electri cal or mechanical interruption or failure was caused by you. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices poli cies acts or omissions such as co ercion demotion evaluation reas signment discipline defamation harassment humiliation or discrimi nation directed at that person 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 described in Paragraph 1 above is directed. This exclusion applies 1 Whether the insured may be held 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. Force Majeure Loss arising out of fire smoke explosion lightning wind flood earthquake volcanic eruption tidal wave landslide hail or act of God. Government Demands Or Proceedings Any demand made or proceeding brought by 1 The Federal Trade Commission 2 The Federal Communications Commis sion or 3 Any other federal national state local or foreign government agency or entity. This exclusion does not apply to any claim made or suit brought by or on behalf of a federal national state local or foreign gov ernment agency or entity in its capacity as your customer. Injunctive Relief Any loss cost or expense arising out of com plying with any injunctive or other non monetary relief or any agreement to provide such relief. Known Wrongful Acts Loss arising out of any wrongful act includ ing any part of related wrongful acts that any described authorized person knew about before the first date we or any of our af filiated insurance companies have continu ously provided this or similar coverage to you. Nuclear Energy Loss arising out of the hazardous properties of nuclear material.. Professional Services Loss arising out of the providing or failing to provide professional services by or on behalf of the insured while acting or working as any of the following 1 Accountant 2 Architect or surveyor 3 Lawyer 4 Insurance agent broker company con sultant or representative 5 Real estate agent or broker or 6 Civil or structural engineer. This insurance also does not apply to loss arising out of the providing or failing to pro 2012 The Travelers Indemnity Company. All rights reserved. Page 3 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 305 of 391 PRT1130212 | 2 |
CYBER LIABILITY o. vide professional health care services by or on behalf of the insured. Pollution 1 Loss arising out of the actual alleged or threatened discharge dispersal seep age migration release or escape of pol lutants. 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 because of testing for monitoring cleaning up removing containing treating detoxi fying or neutralizing or in any way responding to or assessing the ef fects of pollutants. Unsolicited Communications Loss arising out of any unsolicited communi cation by or on behalf of any insured. SECTION Il WHO IS AN INSURED 1. If you are designated in the Common Policy Dec larations as Page 4 of 13 An individual you and your spouse are in sureds 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 in sured. Your partners or your members and their spouses are also insureds but only with respect to the conduct of your business. 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 also insureds but only with respect to their duties as your man agers. A public entity you are an insured. Your boards are also insureds. Your lawfully elected or appointed officials executive offi cers or directors are also insureds but only with respect to their duties as your elected or appointed officials executive officers or di rectors. An organization other than a partnership joint venture limited liability company or public en tity you are an insured. Your executive offi cers and directors are also insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their li ability as your stockholders. 2. Each of the following is also an insured Your volunteer workers but only while per forming duties related to the conduct of your business and your employees other than either your managers if you are a limited li ability company or your executive officers if you are an organization other than a part nership joint venture limited liability company or public entity but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your legal representative if you die become mentally incompetent insolvent or bankrupt but only with respect to duties as such. That representative will have all your rights and du ties under this Coverage Part. Members of your boards if you are a public entity but only for the conduct of their duties for you or for your boards. Employees of your boards are also insureds but only for work done within the scope of their employ ment by your boards or their performance of duties related to the conduct of the opera tions of your boards. 3. Any organization you newly acquire or form other than a partnership or joint venture that has 2012 The Travelers Indemnity Company. Al rights reserved Gross revenue less than or equal to 10 of your gross revenue at the time of such acqui sition or formation will qualify as a Named In sured if there is no other insurance which provides similar coverage to that organiza tion Gross revenue greater than 10 of your gross revenue at the time of such acquisition or formation will qualify as a Named Insured if there is no other insurance which provides similar coverage to that organization. How ever coverage under this provision is pro vided only 1 Until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier if you do not report such organization in writing to us within 90 days after you acquire or form it or PRT1130212 Includes copyrighted material of Insurance Services Office Inc. with ts permission. TRAVELERS DOC MGMT Page 306 of 391 rising out of or statutory t that any in for monitor in treat de any way re e effects of behalf of a because of cleaning up ating detoxi in any way sing the ef ed communi red. 1 Policy Dec b PRT1130212 | 2 |
CYBER LIABILITY PRT1130212 2 Until the end of the policy period when that date is later than 90 days after you acquire or form such organization if you report such organization in writing to us within 90 days after you acquire or form it and we agree in writing that it will con tinue to be a Named Insured until the end of the policy period. Coverage under paragraphs 3.a. and 3.b. above does not apply to loss caused by a wrongful act committed by or on behalf of such organization before you acquired or formed it unless we agree in writing to cover such loss. Any person or organization that is not otherwise an insured under this Coverage Part and that you have agreed in a written contract or agreement to include as an additional insured under this Cov erage Part is an insured but only with respect to liability for loss to which one or more of your cy ber liability coverage forms applies that a. Is caused by a wrongful act committed after you have signed and executed that contract or agreement and b. Is caused in whole or in part by acts or omissions of you or any person or organiza tion acting on your behalf under that contract or agreement. The limits of insurance provided to such person or organization will be the limits which you agreed to provide in the written contract or agreement or the limits shown in the Declarations of this Cover age Part whichever are less. Any of your subsidiaries other than a partnership or joint venture that is not shown as a Named In sured in the Common Policy Declarations is a Named Insured if a. You maintain an ownership interest of more than 50 in such subsidiary on the first day of the policy period and b. Such subsidiary is not an insured under simi lar other insurance. No such subsidiary is an insured for loss caused by a wrongful act committed a. Before you maintained an ownership interest of more than 50 in such subsidiary or b. After the date if any during the policy period that you no longer maintain an ownership in terest of more than 50 in such subsidiary. No person or organization is an insured with re spect to the conduct of any current or past part nership or joint venture that is not shown as a Named Insured in the Common Policy Declara tions. This paragraph does not apply to any such partnership or joint venture that otherwise quali fies as an insured under Section Il Who Is An Insured. SECTION IIl LIMITS OF INSURANCE 1. 2012 The Travelers Indemnity Company. Al rights reserved The Limits of Insurance shown in the Declarations of this Coverage Part and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The Limits of Insurance will not be reduced by the payment of any applicable deductible. The Aggregate Limit is the most we will pay for the sum of all damages and defense expenses for the combined total of all claims or suits for loss to which the insurance provided under one or more of your cyber liability coverage forms ap plies. If no amount is shown for the Aggregate Limit in the Declarations of this Coverage Part the Ag gregate Limit will be the higher of the Each Wrongful Act Limit or 25000. Subject to Paragraph 2. above the Each Wrong ful Act Limit is the most we will pay for the sum of all damages and defense expenses for all claims or suits for loss a. To which the insurance provided under one or more of your cyber liability coverage forms applies and b. That is caused by the same wrongful act or related wrongful acts. When any of your cyber liability coverage forms and any other policy or insuring clause in a cov erage form or bond written by us or any of our af filiated insurance companies and issued to you or any controlled organization or controlling per son or organization apply or applied to the same claim or suit the most we will pay for dam ages and defense expenses is the highest limit of insurance that applies or applied to the same claim or suit under any one of those policies or clauses. This paragraph does not apply to umbrella insur ance or excess insurance written by us or any of our affiliated insurance companies and issued to you or any controlled organization or controlling person or organization specifically to apply in ex cess of the Limits of Insurance shown in the Dec larations of this Coverage Part. Page 5 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 307 of 391 | 2 |
CYBER LIABILITY SECTION IV DEDUCTIBLE 1. Page 6 of 13 The Each Wrongful Act Deductible shown in the Declarations of this Coverage Part and the rules below fix the amount of damages and defense expenses 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 or c. Persons or organizations making claims or bringing suits. The Each Wrongful Act Deductible does not apply to payments we make under Supplementary Payments. The Each Wrongful Act Deductible applies to all damages and defense expenses for all claims or suits for loss a. To which the insurance provided under one or more of your cyber liability coverage forms applies and b. That is caused by the same wrongful act or related wrongful acts. The Limits of Insurance will not be reduced by the amount of any damages or defense expenses within the deductible amount. The terms of this Coverage Part including those with respect to a. Our right and duty with respect to the defense of claims or suits and b. Your duties in the event of a wrongful act claim or suit apply irrespective of the application of the de ductible amount. 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 de ductible amount as we have paid. If we pay defense expenses that are subject to a deductible you will promptly reimburse us for such part of the deductible amount as we have paid. If you do not reimburse us for a deductible amount that applies to damages or defense expenses and we are awarded the deductible amount we sought or any part of that amount in any legal proceeding against you you agree to pay us the amount of the award and the following a. Our deductible recovery expenses and b. Interest from the date of our notice of pay ment to you on the deductible amount awarded to us. SECTION V CYBER LIABILITY CONDITIONS 1. 2012 The Travelers Indemnity Company. All rights reserved. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. Duties In The Event Of A Wrongful Act Claim Or Suit a. You must see to it that we are notified as soon as practicable of a wrongful act which may result in a claim or suit. To the extent possible notice should include 1 How when and where the wrongful act was committed 2 The nature and location of any loss caused by the wrongful act 3 The names and addresses of any per sons or organizations sustaining such loss and the names and addresses of any witnesses and 4 The names and addresses of each in sured that committed the wrongful act. b. Ifaclaim 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 in writing of the claim or suit as soon as practicable. 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 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation defense or settlement of the claim or suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of loss to which the in surance provided under any of your cy ber liability coverage forms may also ap ply. d. No insured will except at that insured s own cost voluntarily make a payment assume PRT1130212 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 308 of 391 DIV IV paeyitis otiaht or does not apply Supplementary e applies to all nses for all d under one or overage forms nvrongful act or reduced by the nse expenses including those to the defense wrongful act ion of the de damages or awarded in a ctible we may le amount. You part of the de are subject to a mburse us for nt as we have r a deductible s or defense the deductible that amount in you agree to d the following 1ses and 2 3 2 3 | 2 |
CYBER LIABILITY PRT1130212 any obligation or incur any expense without our consent. 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. As used in this pro vision an agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal represen tative. Other Insurance a. The insurance provided under your cyber li ability coverage forms is excess over any valid and collectible other insurance that is available to the insured for a loss we cover under this Coverage Part whether such other insurance is primary excess contingent or on any other basis. 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 1 Another insurance company 2 Any risk retention group 3 Any self insurance method or program including any failure to buy insurance or decision to not buy insurance for any reason in which case the insured will be deemed to be the provider of other insur ance or 4 Any similar risk transfer or risk manage ment method. Other insurance does not include umbrella in surance or excess insurance that you bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. b. We will pay only our share of the amount of the loss if any that exceeds the sum of 2012 The Travelers Indemnity Company. Al rights reserved. 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 such other insurance. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. The premium shown in the Common Policy Declarations may be an advance premium. If itis an advance premium your policy will con tain an endorsement that shows when and how we will compute your earned premium. If the earned premium is greater than the ad vance premium we will send a bill to the first Named Insured shown in the Common Policy Declarations. The due date for audit and ret rospective premiums is the date shown as the due date on the bill. If the earned premium is less than the advance premium we will return the excess to the first Named Insured. How ever if the earned premium is less than the minimum premium we are allowed to charge your premium will never be less than such minimum premium. c. If the premium is an advance premium the first Named Insured shown in the Common Policy Declarations must keep records of the information we need for premium computation and must send us copies of those records 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. 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. Separation Of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Page 7 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 309 of 391 1y WL ddilidygts it t iis Coverage Part unless all of een fully complied with. zation may sue us to recover ement or on a final judgment. but we will not be liable for not payable under the terms art or that are in excess of the 1surance. As used in this pro ettlement means a settlement ility signed by us the insured the claimant s legal represen provided under your cyber li forms is excess over any ctible other insurance that is insured for a loss we cover rage Part whether such other mary excess contingent or on here in this Coverage Part e means insurance or the r program surance or for any ired will be other insur manage imbrella in that you ess of the eclarations PRT1130212 | 2 |
CYBER LIABILITY Page 8 of 13 Coverage Part to the first Named Insured shown in the Common Policy Declarations this insur ance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom a claim is made or suit is brought. Transfer Of Rights Of Recovery Against Oth ers ToUs If the insured has rights to recover from others all or part of any payment we have made under this Coverage Part in connection with a claim or suit 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 initiate an alternative dispute resolution proceeding to enforce those rights or will transfer those rights to us and help us enforce them. We will apply any amounts recovered in enforcing those rights of recovery in the following order a. First we will reimburse any person or organi zation including us or the insured any amount that person or organization has paid in excess of the limits of insurance. b. Next if there is any amount remaining we will retain an amount equal to the amount we have paid under this Coverage Part in con nection with the claim or suit. c. Then if there is any amount remaining we will pay that amount to the insured including any amounts within any applicable deductible or self insured retention. If any amounts are recovered in enforcing those rights of recovery reasonable expenses incurred in enforcing such rights will be shared among all persons or organizations receiving amounts re covered. Each such person s or organization s share of those expenses is based on the ratio of its amount recovered to the total amounts recov ered by all such persons or organizations in en forcing such rights. If the insured has agreed in a contract or agree ment to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organiza tion but only for payments we make because of loss caused by a wrongful act committed sub sequent to the execution of the contract or agreement. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured 10. 1. 12. 2012 The Travelers Indemnity Company. Al rights reserved. shown in the Common Policy Declarations written notice of the nonrenewal not less than 30 days before the end of the policy period. If such notice is mailed proof of mailing will be sufficient proof of such notice. Transfer Of Control Of Defense Before the applicable limit of insurance is used up you may take over control of the defense in cluding the appeal of any outstanding claim or suit previously reported to us if a. We and you agree or b. A court orders you to do so. If the applicable limit of insurance is used up we will notify you as soon as practicable of all out standing claims or suits so you can arrange to take over control of their defense. We agree to take whatever steps are necessary during a transfer of control of defense of an out standing claim or suit to continue that defense and avoid a default judgment during such trans fer. When we take such steps you agree that we do not waive or give up any of our rights. You also agree to repay the reasonable expenses we incur for such steps taken after the applicable limit of insurance is used up. When We Are Prohibited From Defending An Insured If the laws or regulations of a country or jurisdic tion prohibit us from fulfilling our duty to defend an insured the insured will be responsible for provid ing that defense. We will repay that insured for the reasonable defense expenses incurred to provide such defense. Such payments will reduce the Limits of Insurance. Our duty to make such payments ends when we have used up the appli cable limit of insurance in the payment of judg ments settlements or defense expenses. When We Are Prohibited From Paying Dam ages On Behalf Of An Insured If the laws or regulations of a country or jurisdic tion prohibit us from paying on behalf of an in sured amounts that the insured must pay as damages for loss to which the insurance pro vided under one or more of your cyber liability coverage forms applies the insured may pay such damages with our consent. If the insured gives us proof of such payments we will repay the insured for such damages. But we will only repay the insured for such damages up to the applicable limit of insurance. PRT1130212 Includes copyrighted material of Insurance Services Office Inc. with its permission. PRT1130212 2012 The Travelers Indemnity Company. Al rights reserved. PRT11302 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 310 of 391 | 2 |
CYBER LIABILITY 13. 14. 15. When We Are Prohibited From Paying Sup plementary Payments If the laws or regulations of a country or jurisdic tion prohibit us from paying a Supplementary Payment on behalf of an insured we will repay the insured for such Supplementary Payment that the insured incurs. Currency Payments for damages defense expenses and Supplementary Payments will be in the cur rency of the United States of America. At our sole option we may make these payments in a differ ent currency. Any necessary currency conversion for the payment of damages will be calculated based on the rate of exchange published in the next Wall Street Journal subsequent to the date of judgment or settlement. Any necessary cur rency conversion for the payment of defense ex penses or Supplementary Payments will be cal culated based on the rate of exchange published in the Wall Street Journal immediately preceding the date the payment is processed. Limitations On Our Representations And Re sponsibility It is understood that we are not an admitted or au thorized insurer outside the United States of America its territories and possessions Puerto Rico and Canada. We assume no responsibility for the furnishing of certificates of insurance or for compliance in any way with the laws of other countries relating to insurance. SECTION VI EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if this Coverage Part is cancelled or not renewed or replaced or re newed by us with insurance that applies on other than a claims made basis. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims or suits for loss caused by a wrongful act committed on or after the applicable Retroactive Date sho wn in the Declarations of this Coverage Part and before the end of the policy period. The Extended Reporting Periods do not reinstate or increase the limits of insurance. Once in effect Extended Reporting Periods may not be can celed. A Basic Extended Reporting Period automatically applies to your cyber liability coverage forms without additional charge. This period starts with the end of the policy period and lasts for 90 days. 4. The Basic Extended Reporting Period does not apply to claims or suits that are covered under any future insurance you purchase or that would be covered under such insurance but for the ex haustion of its applicable limit of insurance. A Supplemental Extended Reporting Period of unlimited duration is available if this Coverage Part is canceled or not renewed but only by an endorsement and for an extra charge. This sup plemental period replaces the Basic Extended Reporting Period. The Supplemental Extended Reporting Period will not go into effect unless we receive all of the fol lowing within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and require ments under this Coverage Part a. A written request from you to purchase the Supplemental Extended Reporting Period Endorsement b. Full payment of the earned premium for all of your cyber liability coverage forms c. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us un der this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium will not exceed 200 of the annual premium for this Coverage Part. This endorsement will set forth the terms not in consistent with this Section VI Extended Re porting 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. SECTION VII 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 1ages defense expenses Payments will be in the cur States of America. At our sole e these payments in a differ cessary currency conversion damages will be calculated f exchange published in the irnal subsequent to the date lement. Any necessary cur the payment of defense ex entary Payments will be cal e rate of exchange published ournal immediately preceding tis processed. r Representations And Re we are not an admitted or au tside the United States of es and possessions Puerto Ne assume no responsibility certificates of insurance or y way with the laws of other nsurance. ED REPORTING PERIODS or more Extended Reporting d below if this Coverage Part renewed or replaced or re surance that applies on other basis. Periods do not extend the inge the scope of coverage only to claims or suits for rongful act committed on or L L L 2012 The Travelers Indemnity Company. Al rights reserved Page 9 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 311 of 391 PRT1130212 | 2 |
CYBER LIABILITY 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 advertise ment. Advertising injury means injury other than per sonal injury caused by one or more of the follow ing offenses a. Oral or written publication including publica tion by electronic means of material in your advertisement that slanders or libels a per son 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 b. Oral or written publication including publica tion by electronic means of material in your advertisement that Appropriates a person s name photograph or likeness voice 2 Unreasonably places a person in a false light or 3 Discloses information about a person s private life or c. 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. Aircraft product means a. Aircraft including missile balloon or space craft and any ground support or control equipment used in connection with any air craft missile balloon or spacecraft b. Any of your technology products or services manufactured for used in connection with or incorporated into aircraft aircraft parts air craft equipment or aircraft accessories in cluding ground handling tools and equipment c. Any of your technology products or services used for the purpose of guidance navigation or direction of aircraft whether an aircraft is in flight or on the ground or d. Training aids navigation charts navigation aids manuals blueprints engineering or other data or advice services and labor relat ing to such aircraft or products. 4. Aircraft work a. Means any part of your technology products or services in connection with the manufac ture handling maintenance operation or use of any aircraft including missile balloon or spacecraft and any ground support or control equipment used in connection with any air craft missile balloon or spacecraft. b. Includes 1 Software used in connection with or in corporated into aircraft aircraft parts air craft equipment or aircraft accessories including ground handling tools and equipment 2 Software used at an airport for the pur pose of guidance navigation or direction of aircraft whether an aircraft is in flight or on the ground and 3 Training aids navigation charts naviga tion aids manuals blueprints engineer ing or other data or advice and services and labor relating to such aircraft or prod ucts. Claim means a written demand that seeks damages. Controlled organization means any organization in which any insured owns the controlling owner ship interest. Controlling person or organization means any person or organization that owns the controlling ownership interest in you. Damages a. Means a monetary amount paid to a claimant for loss. b. Does not include 1 Credits. 2 3 Amounts actually paid to you by your cus tomer in exchange for products services or work. Voluntary payments. An offset of fees charges or commissions owed to you by your customer. 5 Any fine or penalty imposed by law or regulation against the insured. 6 The portion of any multiplied damage award that exceeds the amount multi plied. 7 License fees or royalties of any kind. Page 10 of 13 PRT1130212 2012 The Travelers Indemnity Company. Al rights reserved. PRT11302 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 312 of 391 | 2 |
CYBER LIABILITY PRT1130212 8 The amount of liquidated damages awarded pursuant to a contract or agreement that exceeds the amount of damages for which the insured would have liability in the absence of such con tract or agreement. 9 Fees costs or expenses awarded pursu ant to a prevailing party provision in a contract or agreement. 10Punitive damages unless such damages are insurable under the applicable law. Defense expenses a. Means any of the following fees costs or ex penses which can be directly allocated to a particular claim or suit 1 Fees of attorneys or other authorized representatives where permitted for legal services whether by outside or staff rep resentatives or 2 Court alternative dispute resolution and other specific items of expense whether incurred by an outside vendor or by one of our employees including a Expert testimony b Autopsy c Witnesses and summonses d Copies of documents such as birth and death certificates and medical treatment records e Arbitration fees f Fees or costs for surveillance or other professional investigations which are conducted as part of the handling of a claim or suit and g Fees or costs for loss prevention and engineering services which are con ducted as part of handling of a claim or suit. b. Does not include 1 Our expenses including salaries over head and traveling expenses of our em ployees except for those fees costs or expenses described in Paragraphs a.1 and a.2 above incurred while handling a claim or suit. 2 Fees paid to independent claims profes sionals or attorneys hired to perform the function of claim investigation normally performed by claim adjusters for devel oping and investigating a claim so that a determination can be made of the cause extent or responsibility for the loss in cluding evaluation and settlement of cov ered claims. 10. Described authorized person means a. You if you are an individual or b. Any person while he or she is 1 Your spouse if you are an individual 2 Your partner or member or his or her spouse if you are a partnership or joint venture 3 Your manager or member if you are a limited liability company 4 Your appointed or elected official director r executive officer if you are a public entity Your director or executive officer if you are an organization other than a partner ship joint venture limited liability com pany or public entity or 5 6 Your risk manager or any leader of your legal finance risk management or other department that is responsible for insur ance matters. 11. Domestic partner means any person who quali 12 13 14. 15 2012 The Travelers Indemnity Company. All rights reserved fies as a domestic partner or party to a civil un ion under any a. Applicable federal state local or foreign law or b. Formal program established by the insured.. Electrical or mechanical interruption or failure means any a. Electrical disturbance surge spike brownout or blackout or b. Outage to gas water telephone Internet ca ble satellite telecommunication or other in frastructure.. Employee includes a leased worker. Em ployee does not include a prisoner employed by any insured. 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.. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such air craft by reason of the actual alleged or sus Page 11 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 313 of 391 es awarded pursu a v arty provision in a b. A 1 ess such damages applicable law. j fees costs or ex ctly allocated to a 4 r other authorized permitted for legal utside or staff rep It ute resolution and expense whether vendor or by one ding AMONCAS 11. Dom ts such as birth es and medical 19 pall O UIE fialiviiilg Ui a uit and ts for loss prevention and services which are con part of handling of a uit. served vith its permission. PRT1130212 | 2 |
CYBER LIABILITY 16. 17. 18. 19. 20. 21. Page 12 of 13 pected existence of any defect fault or condition in such aircraft or any part thereof a. Sold handled or distributed by the insured or b. Manufactured assembled or processed by any other person or organization 1 According to specifications plans sug gestions orders or drawings of the in sured or 2 With tools machinery or other equipment furnished to such persons or organiza tions by the insured whether such aircraft so withdrawn or restricted are owned or operated by the same or different persons or organizations. Hazardous properties includes radioactive toxic or explosive properties. Joint powers authority means any organization formed by two or more public entities that have agreed in a contract or agreement to jointly exer cise any power common to them. Leased worker means a person other than a prisoner hired from a labor leasing firm under an agreement between the hirer and that firm to per form duties related to the conduct of the hirer s business. Nuclear material means any of the following materials defined in the Federal Atomic Energy Act or any of its amendments a. Source material b. Special nuclear material or c. By product material. Our deductible recovery expenses means all fees costs and expenses incurred by us and our attorneys to recover a deductible amount in a le gal proceeding brought by us against you. But if the deductible amount awarded to us is less than the full amount of the deductible payment we sought our deductible recovery expenses will be a proportional amount based on the ratio of the deductible amount awarded to the full amount of the deductible payment we sought. Personal injury means injury other than adver tising injury caused by one or more of the follow ing offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies provided that the wrongful 22. 23. 24. 25. 26. 27. 28. 2012 The Travelers Indemnity Company. Al rights reserved 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 d. Oral or written publication including publica tion 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 have had its goods products or services dis paraged or e. Oral or written publication including publica tion by electronic means of material that 1 Appropriates a person s name photograph or likeness voice Unreasonably places a person in a false light or 3 Discloses information about a person s private life. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Related wrongful acts means any of the follow ing a. Related errors and omissions wrongful acts if the CyberFirst Essentials Technology Prod ucts Or Services Errors And Omissions Liabil ity Coverage Form is part of your policy. b. Related information security wrongful acts if the CyberFirst Essentials Information Security Liability Coverage Form is part of your policy. Slogan means a phrase that others use for the purpose of attracting attention in their advertising. Spouse includes a domestic partner. Suit means a civil proceeding that seeks dam ages. Suit includes a. An arbitration proceeding that seeks such damages and to which the insured must submit or submits with our consent and b. Any other alternative dispute resolution pro ceeding that seeks such damages and to which the insured submits with our consent. Title means a name of a literary or artistic work. Unsolicited communication PRT1130212 Includes copyrighted material of Insurance Services Office Inc. with its permission. al or expenses means all incurred by us and our luctible amount in a le us against vou. But if ntry PRT1130212 2012 The Travelers Indemnity Company. All rights reserved. PRT11302 1 Includes copyrighted material of Insurance Services Office Inc. with ts permission. TRAVELERS DOC MGMT Page 314 of 391 | 2 |
CYBER LIABILITY a. Means any form of communication including 30. Wrongful act means any of the following facsimile electronic mail posted mail or tee a. Information security wrongful act if the Cy phone in which the recipient has not specifi berFirst Essentials Information Security Liabil cally requested the communication. ity Coverage Form is part of your policy. b. Includes any communication which is made b. Errors and omissions wrongful act if the or allegedly made in violation of the Tele CyberFirst Essentials Technology Products phone Consumer Protection Act or any of its Or Services Errors And Omissions Liability amendments or any local or state statute that Coverage Form is part of your policy. bars prohibits or penalizes such communica 31 y. Your boards tion. N a. Means any board commission or other gov 29. Volunteer worker means a person other than a ernmental unit or department that prisoner who 1 Is under your jurisdiction and a. Is not acting within the course and scope of his or her employment as an employee or leased worker 2 Is funded and operated as part of your to tal operating budget. b. Donates his or her work and b. Does not include any joint powers authority. 32. Your cyber liability coverage forms means the coverage forms that you have purchased as shown in the Declarations of this Coverage Part. c. Is not paid a fee salary or other compensa tion for that work. other than a and scope of employee or 2012 The Travelers Indemnity Company. All rights reserved. Page 13 0of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 315 of 391 PRT1130212 | 2 |
CYBER LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this coverage form restrict cov erage. Your CyberFirst Essentials General Provisions Form also contains provisions that apply to this form including provisions explaining who is insured under this form and the limits of coverage and deductible that apply to the insurance provided under this form. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your re fer to the Named Insured shown in the Common Pol icy Declarations and any other person or organization qualifying as a Named Insured under this insurance. 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 In sured in your CyberFirst Essentials General Provi sions Form. The words policy period mean the Policy Period for the CyberFirst Essentials Information Security Liability Coverage Form shown in the Declarations of this Coverage Part. Other words and phrases that appear in quotation marks have special meaning. Refer to Section Il Definitions in this form and Section VII Definitions in your CyberFirst Essentials General Provisions Form. SECTION INFORMATION SECURITY LIABILITY COVERAGE 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of loss to which this insurance ap plies. The amount we will pay for damages is limited as described in Section Il Limits Of Insurance in your CyberFirst Essentials General Provisions Form. b. This insurance applies to loss only if 1 The loss is caused by an information se curity wrongful act committed in the coverage territory 2 The information was committed on Security Retroactiy Declarations of th before the end of tt 3 A claim or suit because of the brought against a dance with Parag the policy period of ing Period we prov Extended Reportin berFirst Essential Form. Each information sect series of related inforr ful acts will be deeme ted on the date the fi series is committed. If no Information Secu shown in the Declara Part the Information Date will be deemed tc policy period. A claim or suit tha be deemed to have brought at the earlier of 1 When we or any person first rece such claim or suit 2 When we first rece any insured of a s curity wrongful act which resulted in st All claims or suits because of loss cause mation security wrong formation security w deemed to have been the time the first of tho first made or brought a 2 The information security wrongful act was committed on or after the Information Security Retroactive Date shown in the Declarations of this Coverage Part and before the end of the policy period and 3 A claim or suit that seeks damages because of the loss is first made or brought against any insured in accor dance with Paragraph e. below during the policy period or any Extended Report ing Period we provide under Section VI Extended Reporting Periods in your Cy berFirst Essentials General Provisions Form. Each information security wrongful act in a series of related informat ion security wrong ful acts will be deemed to have been commit ted on the date the first wrongful act in that series is committed. If no Information Security Retroactive Date is shown in the Declarations of this Coverage Part the Information Security Retroactive Date will be deemed to be the first day of the policy period. A claim or suit that seeks damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any described authorized person first receives written notice of such claim or suit whichever is first or 2 When we first receive written notice from any insured of a specific information se curity wrongful act that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss caused by the same infor mation security wrongful act or related in formation security wrongful acts will be deemed to have been first made or brought at the time the first of those claims or suits is first made or brought against any insured. 2012 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 316 of 391 PRT1140212 | 2 |
CYBER LIABILITY 2. f. 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 information security wrongful act only if that notice con tains all of the following information 1 How when and where the information security wrongful act was committed 2 A description of what happened 3 A description of what damages may re sult 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 commit ted the information security wrongful act. Notice to us that 1 All or part of one or more of any insured s acts or omissions may in the future be discovered to be a information security wrongful act or 2 Any insured may in the future receive written notice of a information security wrongful act claim or suit is not notice of a specific information security wrongful act. Exclusions The following exclusions apply only to the cover age provided under this form. These exclusions apply in addition to the exclusions in Paragraph 3. of Section I Coverage in your CyberFirst Essen tials General Provisions Form. This insurance does not apply to a. Bodily Injury Bodily injury. b. Claims Or Suits By Insureds Against In sureds Loss for which a claim or suit is made or brought by or on behalf of any current or for mer insured against any current or former in sured. This exclusion does not apply to any claim or suit made or brought by 1 Any person or organization that a. Is an insured under Paragraph 4. of Section Il Who Is An Insured in your CyberFirst Essentials General Provisions Form or b. Has been added as an additional in sured by attachment of an endorse ment to this Coverage Part or 2 Your current or former employee for failure to prevent unauthorized access to or use of identity information of such employee but only if such employee did not commit or participate in the failure to prevent such unauthorized access or use. c. Intellectual Property Loss arising out of any actual or alleged in fringement or violation of any of the following rights or laws committed by or on behalf of an insured 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trade secret 6 Trademark or 7 Other intellectual property rights or laws. d. Profits Disgorgement of profits accounting or award of profits or any other return of profits. e. Property Damage Property damage. SECTION Il DEFINITIONS 1. 3. Bodily injury a. Means any harm including sickness or dis ease to the health of a person. b. Includes mental anguish injury or illness or emotional distress. Coverage territory means anywhere in the world provided that no trade sanction embargo or similar regulation imposed by the United States of America prohibits us from covering the loss. Identity information means any of the following information concerning a person a. Nonpublic personal information as defined in the Gramm Leach Bliley Act of 1999 or any of its amendments or any regulation issued pursuant to such Act b. Medical or health care information including protected health information as defined in the Health Insurance Portability and Accountabil ity Act of 1996 or any of its amendments or any regulation issued pursuant to such Act age in your CyberFirst Essen ons Form. not apply to Page 2 of 3 PR T11402 12 2012 The Travelers Indemnity Company. All rights reserved. PRT114021 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 317 of 391 | 2 |
CYBER LIABILITY c. Personal information that is protected from unauthorized access or acquisition under any other local state federal or foreign law or regulation or d. A driver s license or state identification num ber social security number unpublished tele phone number or credit debit or charge card number or other financial account number and any security code access code pass word or PIN number associated with such credit debit or charge card number or other financial account number. Information security wrongful act means any of the following committed by or on behalf of an in sured in the conduct of your business a. Failure to prevent unauthorized access to or use of identity information of others or b. Failure to provide notification of any actual or potential unauthorized access to or use of identity information of others as required by any security breach notification law that ap plies to you. Property damage means physical damage to tangible property of others including all resulting loss of use of that property. For the purposes of this insurance data including information facts or programs in any electronic or other format is not tangible property. Related information security wrongful acts means two or more information security wrongful acts that have as a common connection tie or link any fact circumstance situation event transaction cause or series of related facts cir cumstances situations events transactions or causes. Security breach notification law means any law or regulation that requires an organization to no tify persons that their nonpublic personal informa tion was or may have been accessed or acquired without their authorization. 2012 The Travelers Indemnity Company. Al rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 318 of 391 PRT1140212 | 2 |
CYBER LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR FINANCIAL INTEREST IN FOREIGN INSURED ORGANIZATIONS CYBERFIRST ESSENTIALS This endorsement modifies insurance provided under the following CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM CYBERFIRST ESSENTIALS TECHNOLOGY PRODUCTS OR SERVICES ERRORS AND OMISSIONS LIABILITY COVERAGE FORM PROVISIONS 1. PR T5210315 The following is added to Paragraph 1. Insuring Agreement of SECTION in each liability coverage form shown above that is part of your policy In the event of foreign cyber liability loss incurred by a foreign insured organization or by any other insured for whom such foreign insured organization is liable we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organization for such foreign cyber liability loss because of its financial interest in that foreign insured organization. For purposes of this insurance amounts we reimburse under 1 Paragraph a. of the definition of foreign cyber liability loss will be deemed to be sums that such Named Insured must pay or becomes legally obligated to pay as damages under this insurance Paragraph b. of the definition of foreign cyber liability loss will be deemed to be payments we make under Paragraph 2. Supplementary Payments of Section Coverage of the CyberFirst Essentials General Provisions Form and 2 3 Paragraph c. of the definition of foreign cyber liability loss will be deemed to be defense expenses we pay under this insurance. Paragraph 11. When We Are Prohibited From Defending An Insured of SECTION V CYBER LIABILITY CONDITIONS in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM is deleted. Paragraph 12. When We Are Prohibited From Paying Damages On Behalf Of An Insured of SECTION V CYBER LIABILITY CONDITIONS 2014 The Travelers Indemnity Company. All rights reserved in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM is deleted. Paragraph 13. When We Are Prohibited From Paying Supplementary Payments of SECTION V CYBER LIABILITY CONDITIONS in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM is deleted. The following is added to SECTION V CYBER LIABILITY CONDITIONS in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM Duties In The Event Of A Claim Or Suit For Foreign Cyber Liability Loss In the event of a claim or suit for foreign cyber liability loss made or brought against a foreign insured organization or any other insured for whom such foreign insured organization is liable the first Named Insured must 1 Arrange to investigate and defend such claim or suit 2 Notify us in writing in advance of any proposed settlement of such claim or suit and 3 Comply with all other conditions of this insurance as if such claim or suit were made or brought against any insured that is not a foreign insured organization. The following is added to the DEFINITIONS Section in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CyberFirst Essentials first party coverage means any of the following coverages if part of your policy a. Security Breach Notification And Remediation Expenses And Payment Card Expenses Coverage or Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 319 of 391 PR T5210315 | 2 |
CYBER LIABILITY Coverage of the CyberFirst Essentials General Provisions Form that we would have made with respect to 1 Any claim against an insured or your indemnitee that we would have investigated or 2 Any claim or suit against an insured or your indemnitee that we would have settled or defended or c. Defense expenses that we would have paid in connection with any claim or suit against an insured or your indemnitee that we would have defended but for the fact that such insured or indemnitee is located in a country or jurisdiction in which we are not licensed to provide insurance under your cyber liability coverage forms and where providing such insurance would violate the laws or regulations of such country or jurisdiction. Foreign insured organization means any organization that a. Is an insured under Section Il Who Is An Insured of the CyberFirst Essentials General Provisions Form and b. s located in a country or jurisdiction in which we are not licensed to provide this insurance and where providing this insurance would violate the laws or regulations of such country or jurisdiction. The following replaces the definition of coverage territory in the DEFINITIONS Section of each liability coverage form shown above that is part of your policy Coverage territory means anywhere in the world. b. Crisis Management Service Expenses Coverage. Financial interest means the insurable interest in a foreign insured organization because of a. Sole ownership of or majority ownership interest in such foreign insured organization either directly or through one or more intervening subsidiaries b. Indemnification of or an obligation to indemnify 1 Such foreign insured organization or 2 Any other insured for whom such foreign insured organization is liable for a foreign cyber first party loss or foreign cyber liability loss or c. An obligation to obtain insurance for such foreign insured organization. Foreign cyber first party loss means loss to which the insurance provided under CyberFirst Essentials first party coverage would have applied but for the fact that the insured that incurred or paid such loss is located in a country or jurisdiction in which we are not licensed to provide such insurance and where providing such insurance would violate the laws or regulations of such country or jurisdiction. Foreign cyber liability loss means a. Sums that an insured must pay or becomes legally obligated to pay as damages because of loss to which the insurance provided under your cyber liability coverage forms would have applied b. Payments described in Paragraph 2. Supplementary Payments of Section Page 2 of 2 PRT5210315 2014 The Travelers Indemnity Company. All rights reserved. PRT521031 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 320 of 391 | 2 |
CYBER LIABILITY POLICY NUMBER 680 8M849912 18 42 ISSUE DATE11 13 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BREACH ESSENTIALS ENDORSEMENT This endorsement modifies insurance provided under the following CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM SCHEDULE OF CYBER FIRST PARTY LIMIT AND DEDUCTIBLE Limit Deductible Cyber First Party Limit and Deductible 10000 Cyber First Party Limit and Deductible PROVISIONS A. INTRODUCTION The following is added to the Introductory Note in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM THE LIMITS OF INSURANCE WILL BE RE DUCED BY THE PAYMENT OF YOUR SECUR ITY BREACH NOTIFICATION AND REMEDIA TION EXPENSES YOUR PAYMENT CARD EX PENSES AND YOUR CRISIS MANAGEMENT SERVICE EXPENSES COVERED BY YOUR CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM. B. CYBER FIRST PARTY COVERAGES 1. The following is added to Paragraph 1. In suring Agreement of SECTION INFOR MATION SECURITY LIABILITY COVERAGE in the CYBERFIRST ESSENTIALS INFOR MATION SECURITY LIABILITY COVERAGE FORM Security Breach Notification And Remedia tion Expenses And Payment Card Ex penses Coverage We will reimburse you for loss to which this insurance applies that is your security breach notification and remediation ex penses or your payment card expenses di rectly attributed to a security breach that 1 Is caused by an information security wrongful act committed on or after the Information Security Retroactive Date shown in the Declarations of this Cover age Part and before the end of the policy period 2 Occurs during the policy period and 3 Is first reported to us during the policy pe riod or within 90 days after the end of the policy period. But we will not reimburse you for your pay ment card expenses that are payment card contract penalties or chargebacks unless you have agreed to pay such payment card contract penalties or chargebacks in a merchant service agreement you entered into before such security breach occurred. Each security breach in a series of related security breaches will be deemed to occur on the date the first security breach in that series occurs. A security breach will be deemed to have been first reported to us on the date that we first receive a written notice of such security breach from any insured or any authorized government entity. In the event of a foreign cyber first party loss that is your security breach notification and remediation expenses or your payment card expenses incurred and paid by a for eign insured organization we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organi zation for such foreign cyber first party loss because of its financial interest in that foreign insured organization. For purposes of this insurance 1 Your security breach notification and re mediation expenses that we reimburse as foreign cyber first party loss will be deemed to be your security breach notifi cation and remediation expenses 2014 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 TRAVELERS DOC MGMT Page 321 of 391 PRT49703 15 | 2 |
CYBER LIABILITY 2 Your payment card expenses that we reimburse as foreign cyber first party loss will be deemed to be your payment card expenses under this Security Breach Notification and Remediation Expenses And Payment Card Expenses Coverage. Crisis Management Service Expenses Coverage We will reimburse you for your crisis man agement service expenses that 1 Arise out of loss to which this insurance applies that is caused by an information security wrongful act committed on or after the Information Security Retroactive Date shown in the Declarations of this Coverage Part and before the end of the policy period 2 Are first incurred by you during the policy period and 3 Are reported to us during the policy peri od or within 90 days after the end of the policy period. Each information security wrongful act in a series of related information security wrong ful acts will be deemed to have been com mitted on the date the first information secur ity wrongful act in that series is committed. Any of your crisis management service ex penses that 1 Are first incurred by you after the end of the policy period and 2 Relate to any of your crisis management service expenses that are first incurred by you during the policy period will be deemed to have been incurred by you during the policy period. In the event of a foreign cyber first party loss that is your crisis management service expenses incurred and paid by a foreign in sured organization we will reimburse the first Named Insured or any other Named In sured that is not a foreign insured organiza tion for such foreign cyber first party loss because of its financial interest in that for eign insured organization. For purposes of this insurance your crisis management serv ice expenses that we reimburse as foreign cyber first party loss will be deemed to be your crisis management service expenses under this Crisis Management Service Ex penses Coverage. The following replaces the third paragraph of Paragraph 1.a. Defense Of Claims Or Suits of SECTION COVERAGE in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM We may at our discretion investigate any wrongful act or claim and settle any claim or suit. But our right and duty to de fend ends when we have used up the a. Aggregate Limit in the payment of 1 Judgments settlements or defense expenses and 2 Loss that is your cyber first party loss or b. Each Wrongful Act Limit in the payment of judgments settlements or defense ex penses. The following replaces the last paragraph of Paragraph 2. Supplementary Payments of SECTION COVERAGE in the CYBER FIRST ESSENTIALS GENERAL PROVI SIONS FORM Our duty to make such payments ends when we have used up the a. Aggregate Limit in the payment of 1 Judgments settlements or defense expenses and 2 Loss that is your cyber first party loss or b. Each Wrongful Act Limit in the payment of judgments settlements or defense ex penses. The following exclusion is added to Para graph 2. Exclusions of SECTION IN FORMATION SECURITY LIABILITY COV ERAGE in the CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COV ERAGE FORM PCI Attestation Of Compliance Your payment card expenses if 1 You have not attested compliance with the payment card security standards by completing and signing a PCl attestation of compliance within the twelve months immediately preceding the security breach or Page 2 of 6 2014 The Travelers Indemnity Company. Al rights reserved. PRT4970315 TRAVELERS DOC MGMT Page 322 of 391 | 2 |
CYBER LIABILITY 2 You fraudulently or intentionally misrepre sent that you are in compliance with the payment card security standards in completing the PCI attestation of compli ance. C. LIMITS OF INSURANCE 1. The following is added to SECTION IIl LIM ITS OF INSURANCE in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM Subject to the Aggregate Limit the Cyber First Party Limit shown in the Schedule Of Cyber First Party Limit And Deductible is the most we will pay for the sum of all loss that is your cyber first party loss. The following replaces the first paragraph of Paragraph 2. of SECTION Il LIMITS OF INSURANCE in the CYBERFIRST ESSEN TIALS GENERAL PROVISIONS FORM The Aggregate Limit is the most we will pay for the sum of all a. Damages and defense expenses for the combined total of all claims or suits for loss and b. Loss that is your cyber first party loss to which the insurance provided under one or more of your cyber liability coverage forms applies. D. DEDUCTIBLE 1. The following is added to the last sentence of Paragraph 1. of SECTION IV DEDUCTI BLE in the CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM The Each Wrongful Act Deductible does not apply to payments we make for loss that is your cyber first party loss. The following is added to SECTION IV DE DUCTIBLE in the CYBERFIRST ESSEN TIALS GENERAL PROVISIONS FORM We will not reimburse you for any of your cy ber first party loss to which this insurance applies until the amount of such loss exceeds the deductible shown in the Schedule Of Cy ber First Party Limit And Deductible. We will then reimburse you for the amount of such loss in excess of the deductible up to the lim it of insurance shown in the Schedule. E. CYBER LIABILITY CONDITIONS 1. The following is added to Paragraph 14. Cur rency of SECTION V CYBER LIABILITY CONDITIONS in the CYBERFIRST ESSEN TIALS GENERAL PROVISIONS FORM Payments for loss that is your cyber first party loss will be in currency of the United States of America. At our sole option we may make these payments in a different currency. Any necessary currency conversion for such payments will be calculated based on the rate of exchange published in the Wall Street Journal immediately preceding the date the payment is processed. The following is added to SECTION V CY BER LIABILITY CONDITIONS in the CY BERFIRST ESSENTIALS GENERAL PRO VISIONS FORM Duties In The Event Of A Security Breach a. You must see to it that we are notified in writing as soon as practicable of a secur ity breach which may result in your se curity breach notification and remediation expenses or your payment card ex penses. Such notice should include 1 How when and where the security breach occurred and 2 The nature and extent of fees costs or expenses incurred and paid by you which can be directly attributed to a security breach. b. You must 1 Authorize us to obtain records and other information 2 Cooperate with us in the investigation of the security breach and 3 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to you because of loss to which this insurance may also apply. Duties In The Event Of An Information Se curity Wrongful Act That Causes A Foreign Cyber First Party Loss In the event an information security wrongful act causes a foreign cyber first party loss the first Named Insured must comply with all conditions of this policy as if the insured that incurred and paid such foreign cyber first party loss is not a foreign insured organiza tion. 2014 The Travelers Indemnity Company. Al rights reserved. Page 3 of 6 TRAVELERS DOC MGMT Page 323 of 391 PR T497 0315 | 2 |
CYBER LIABILITY you have agreed to in a merchant service agreement with a financial institution that apply to you. PClI attestation of compliance means the decla ration of compliance status with the Payment Card Industry Data Security Standards program found in the PCI self assessment questionnaire that applies to you. PClI forensic investigation means a professional review of your computer systems by a qualified forensic investigator to determine your compli ance with the payment card security standards. PCl self assessment questionnaire means the questionnaire developed by the Payment Card Industry Security Standards Council that assists you in self evaluation of your compliance with the payment card security standards. Qualified forensic investigator means an organi zation approved by the applicable payment card issuing bank to conduct forensic investigations after a security breach. Qualified security assessor means a person or organization certified by the Payment Card Indus try Security Standards Council to assess compli ance with payment card security standards. Related security breaches means two or more security breaches that have as a common con nection tie or link any fact circumstance situa tion event transaction cause or series of re lated facts circumstances situation events transactions or causes. Security breach means unauthorized access to or acquisition of identity information owned li censed maintained or stored by you. Security breach notification law means any law or regulation that requires an organization to noti fy persons that their nonpublic personal informa tion was or may have been accessed or acquired without their authorization. Software and hardware upgrade and scanning services expenses means a. Fees costs or expenses for a PCl forensic investigation arising out of a written notifica tion by a payment card issuing bank mer chant bank acquiring bank or other acquiring institution that you are a likely common point of purchase source of a security breach or otherwise involved in a security breach to determine if you are in compliance with the payment card security standards DEFINITIONS The following is added to the DEFINITIONS Sec tion in the CYBERFIRST ESSENTIALS GENER AL PROVISIONS FORM Chargebacks a. Means payment card charge reversals be cause of the fraudulent use of payment cards or identity information. b. Includes transaction fees assessed to proc ess such payment card charge reversals. Merchant service agreement means a contract between you and an acquiring bank or other ac quiring institution that establishes the terms and conditions for accepting and processing payment card transactions. Payment card means a credit card debit card or charge card issued by a financial institution. Payment card contract penalties a. Means fines or penalties incurred by you after a security breach because of non compli ance with the payment card security stand ards. b. Does not include 1 Fines or penalties assessed because of not promptly reporting a security breach 2 Fines or penalties assessed because of failure to properly validate system secur ity according to the payment card secur ity standards or 3 Any interchange fees or changes in inter change fee schedules. Payment card security standards means a. The most current edition of security standards contained in 1 The Payment Card Industry Data Secur ity Standards program PCI DSS 2 Visa s Cardholder Information Security Program CISP 3 MasterCard s Site Data Protection pro gram SDP 4 American Express s Data Security Oper ating Policy or 5 Discover s Information Security and Com pliance program DISC or b. Other security standards similar to those in Paragraphs a.1 through a.5 above that Page 4 of 6 2014 The Travelers Indemnity Company. Al rights reserved. PRT4970315 TRAVELERS DOC MGMT Page 324 of 391 | 2 |
CYBER LIABILITY Costs or expenses to purchase and install anti virus software point of sale systems software firewall protection software or fire wall protection hardware that satisfies the re quirements of the payment card security standards if after a security breach it is determined through a PClI forensic investiga tion that you are out of compliance with the payment card security standards or Costs for the scanning services of a qualified security assessor to certify that your up graded software and hardware systems meet the requirements of the payment card secur ity standards but only for the first such scan ning services after your software or hardware systems or both are upgraded. Your crisis management service expenses a. b. Means the reasonable fees costs or ex penses incurred and paid by you in 1 Retaining a public relations consultant or firm or a crisis management consultant or firm or 2 Planning or executing your public rela tions campaign to mitigate any actual or potential negative publicity generated from loss to which this in surance applies. Does not include fees costs or expenses you incur to comply with any law or regulation. Your cyber first party loss means loss that is a. b. c. Your security breach notification and reme diation expenses Your payment card expenses or Your crisis management service expenses. Your payment card expenses a. Means any of the following reasonable fees costs or expenses incurred and paid by you which are directly attributed to a security breach 1 Software and hardware upgrade and scanning services expenses 2 Payment card contract penalties or 3 Chargebacks. Does not include 1 Remuneration paid to your regular em ployees for work beyond their normal scheduled hours 2 3 4 5 Fees costs or expenses of outside con sultants retained by you unless we agree to reimburse you for such fees costs or expenses Amounts that you voluntarily agree to pay to any person whose identity informa tion was accessed or acquired without his or her authorization Fees costs or expenses in a Retaining a public relations consul tant or firm or a crisis management consultant or firm or b Planning or executing your public re lations campaign to mitigate any actual or potential nega tive publicity generated from the security breach or Your security breach notification and re mediation expenses. Your security breach notification and remediation expenses Means any of the following reasonable fees costs or expenses incurred and paid by you which can be directly attributed to a security breach 2 3 4 5 Forensic fees costs or expenses to de termine the cause of the security breach and the persons whose identity information was accessed or acquired without their authorization. Fees costs or expenses to develop docu ments or materials to notify the persons whose identity information was ac cessed or acquired without their author ization. Costs of mailings or other communica tions required to notify the persons whose identity information was accessed or ac quired without their authorization. Costs of providing 365 days of credit monitoring services to persons whose identity information was accessed or ac quired without their authorization starting with the date that you first notify such persons of the security breach. Costs of establishing and maintaining a call center to be used by persons whose identity information was accessed or ac quired without their authorization. 2014 The Travelers Indemnity Company. Al rights reserved. Page 5 of 6 TRAVELERS DOC MGMT Page 325 of 391 PR T497 0315 | 2 |
CYBER LIABILITY 3 4 5 to reimburse you for such fees costs or expenses. Fines or penalties imposed by law or that any insured has agreed to pay for any reason. Amounts that you voluntarily agree to pay to any person whose identity informa tion was accessed or acquired without his or her authorization. Your crisis management service ex penses. 6 Any other fees costs or expenses nec essary to comply with any security breach notification law that applies to you. b. Does not include 1 Remuneration paid to your regular em ployees for work beyond their normal scheduled hours. 2 Fees costs or expenses of outside con sultants retained by you unless we agree Page 6 of 6 2014 The Travelers Indemnity Company. Al rights reserved. PRT4970315 TRAVELERS DOC MGMT Page 326 of 391 | 2 |
CYBER LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF ADVERTISING INJURY AND PERSONAL INJURY DEFINITIONS INFORMATION SECURITY LIABILITY This endorsement modifies insurance provided under the following CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORM PROVISIONS 1. The following replaces the definition of advertis BERFIRS ing injury in the DEFINITIONS Section of the CY SIONS F BERFIRST ESSENTIALS GENERAL PROVI surance SIONS FORM but only for the purpose of the in tials Infor surance prolded under your CyberFirst Essen Persona tials Information Security Liability Coverage Form tising inju Advertising injury means injury other than per ing offen sonal injury caused by one or more of the fol a. False lowing offenses a. Oral or written publication including publica b. Malic tion by electronic means of material in your c. The advertisement that slanders or libels a per to o son or organization or disparages a person s panc or organization s goods products or services persc provided that the claim is made or the suit evicti is brought by a person or organization that right claims to have been slandered or libeled or on b that claims to have had its goods products or that r services disparaged d. Oral b. Oral or written publication including publica tion tion by electronic means of material in your sland advertisement that dispa good 1 Appropriates a person s name voice elain photograph or likeness or persc 2 Unreasonably places a person in a false been light or have c. Infringement of copyright title or slogan in parag your advertisement provided that the e. Qral claim is made or the suit is brought by a tion E person or organization that claims ownership 1 A of such copyright title or slogan. p 2. The following replaces the definition of personal 2 L injury in the DEFINITIONS Section of the CY li BERFIRST ESSENTIALS GENERAL PROVI SIONS FORM but only for the purpose of the in surance provided under your CyberFirst Essen tials Information Security Liability Coverage Form Personal injury means injury other than adver tising injury caused by one or more of the follow ing offenses a. b. c. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry in to or invasion of the right of private occu pancy 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 publica tion 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 have had its goods products or services dis paraged or Oral or written publication including publica tion by electronic means of material that 1 Appropriates a person s name voice photograph or likeness or 2 Unreasonably places a person in a false light. 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 327 of 391 PRT5140115 | 2 |
CYBER LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI MANDATORY ENDORSEMENT This endorsement modifies insurance provided under the following CYBERFIRST ESSENTIALS LIABILITY COVERAGE PROVISIONS 1. 2. The following replaces Paragraph 2. of the Can cellation Common Policy Condition 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium b. 30 days before the effective date of can cellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol icy Changes in conditions after the effec tive date of this policy which have materially increased the risk as sumed 2 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy. c. 60 days before the effective date of can cellation if we cancel for any other rea son. The following condition is added and supersedes any other provision to the contrary When We Do Not Renew 1. 2. We may elect not to renew this policy by mail ing or delivering to the first Named Insured at the last mailing address known to us written notice of nonrenewal stating the actual rea son for nonrenewal at least 60 days prior to the effective date of the nonrenewal. If notice is mailed proof of mailing will be suf ficient proof of notice. The following condition is added and supersedes any other provision to the contrary Missouri Property And Casualty Insurance Guaranty Association Coverage Limitations 1. Subject to the provisions of the Missouri Property and Casualty Insurance Guaranty Association Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the As sociation will pay claims covered under the Act if we become insolvent. The Act contains various exclusions condi tions and limitations that govern a claimant s eligibility to collect payment from the Associa tion and affect the amount of any payment. The following limitations apply subject to all other provisions of the Act a. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fiscal year or the December thirty first of the year next preceding the date the insurer becomes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its af filiates as calculated on a consolidated basis. b. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300000. However the Association will not 1 Pay an amount in excess of the ap plicable limit of insurance of the pol icy from which a claim arises or 2 Return to an insured any unearned premium in excess of 25000. These limitations have no effect on the cov erage we will provide under this policy. 4. The following condition is added and supersedes any other provision to the contrary g replaces Paragraph 2. of the Can mmon Policy Condition cancel this policy by mailing or deliv the first Named Insured written notice llation stating the actual reason for ion at least ays before the effective date of can tion if we cancel for nonpayment of ium ays before the effective date of can tion if cancellation is for one or more e following reasons raud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol cys Changes in conditions after the effec i ve date of this policy which have materially increased the risk as sumed We become insolvent or We involuntarily lose reinsurance for his policy. ays before the effective date of can tion if we cancel for any other rea g condition is added and supersedes vision to the contrary o Not Renew elect not to renew this policy by mail livering to the first Named Insured at mailing address known to us written f nonrenewal stating the actual rea nonrenewal at least 60 days prior to tive date of the nonrenewal. is mailed proof of mailing will be suf oof of notice. Missouri Guaranty 1. Subje Prope Assoc if we and C to be social Act if The tions eligibi tion 2 The f other a. C 2012 The Travelers Indemnity Company. Al rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 328 of 391 PR F363 0212 | 2 |
CYBER LIABILITY vapor soot fumes acids alkalis chemicals and waste. Pollutants includes a. Petroleum or petroleum derivatives gasoline fuels lubricants and their respective addi tives and individual chemical components in cluding benzene and toluene Chlorinated and halogenated solvents includ ing tetrachloroethylene PCE or PERC tri chloroethylene TCE trichloroethane TCA and vinyl chloride and their degradation products Coal tar manufactured gas plant MGP by products and polynuclear aromatic hydrocar bons PAHs phenols and polychlorinated bi phenyls PCBs and Organic and inorganic pesticides and inor ganic contaminants including arsenic bar ium beryllium lead cadmium chromium and mercury. This definition of pollutants applies regardless of whether 1. 4. The irritant or contaminant or the particular form type or source of the irritant or contami nant involved in the claim or suit is specifi cally identified or described in this definition such as waste from manufacturing opera tions The irritant or contaminant has or had any function in any of the insured s business op erations premises sites or locations such as i PERC for a dry cleaning business or ii TCE or any of the other items included as examples of pollutants in b. above for degreasing operations The irritant or contaminant represents a major source of potential liability for the insured such as gasoline or any of the other items in cluded as examples of pollutants in a. above for a gasoline station or The insured expects or considers the irritant or contaminant to be a pollutant. Waste includes materials to be recycled recondi tioned or reclaimed. Your Right To Claim And Wrongful Act Infor mation We will provide the first Named Insured shown in the Declarations the following information relating to this policy and any other preceding policy we have issued to you during the previous three years that provides this or similar coverage a. A list or other record of each wrongful act not previously reported to any other insurer of which we were notified in accordance with the terms and conditions of this policy. We will include the date and brief description of the wrongful act if that information was in the notice we received. b. A summary by policy year of payments made and amounts reserved stated separately un der any applicable Aggregate Limit. Amounts reserved are based on our judgment. They are subject to change and should not be re garded as ultimate settlement values. If we cancel or elect not to renew this policy we will provide such information no later than 30 days before the date of policy termination. If the first Named Insured cancels or elects not to renew we will provide this information within 30 days of the first Named Insured s written request. In other circumstances we will provide this infor mation only if we receive a written request from the first Named Insured within 60 days after the end of the policy period. In this case we will pro vide this information within 45 days of receipt of the request. We compile claim and wrongful act information for our own business purposes and exercise rea sonable care in doing so. In providing this infor mation to the first Named Insured we make no representations or warranties to insureds insur ers or others to whom this information is fur nished by or on behalf of any insured. Cancella tion or nonrenewal will be effective even if we in advertently provide inaccurate information. The following replaces the definition of pollut ants in the DEFINITIONS Section Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke Page 2 of 2 PRF3630212 2012 The Travelers Indemnity Company. All rights reserved. PRF363021 Includes copyrighted material of Insurance Services Office Inc. with its permission. TRAVELERS DOC MGMT Page 329 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY TRAVELERS DOC MGMT Page 330 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY TRAVELERS DOC MGMT Page 331 of 391 | 2 |
A TRAVELERSJ One Tower Square Hartford Connecticut 06183 EMPLOYMENT PRACTICES LIABILITY POLICY NO. 680 8M849912 18 42 WITH IDENTITY FRAUD EXPENSE ISSUE DATE11132018 REIMBURSEMENTCOVERAGE PART DECLARATIONS THIS FORM PROVIDES CLAIMS MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY FOR EMPLOYMENT PRACTICES LIABILITY COVERAGE INSURING COMPANY THE PHOENIX INSURANCE COMPANY POLICY PERIOD From 12282018 to 12282019 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employment Practices Liability With Identity Fraud Expense Reimbursement Coverage Part consists of these Declarations and the Coverage Form shown below. ITEM 1. LIMIT OF INSURANCE AND RETENTION FOR EMPLOYMENT PRACTICES LIABILITY COVERAGE Limit of Insurance 100000 Defense Expenses are included within the Limit of Insurance Retention Amount applicable to each Employment Practices Liability Claim 2500 ITEM 2. LIMIT OF INSURANCE AND DEDUCTIBLE FOR IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE Limit of Insurance 2500 Deductible Amount applicable to Identity Fraud Expense Reimbursement 0 ITEM 3. EMPLOYMENT PRACTICES LIABILITY COVERAGE EXTENDED REPORTING PERIOD Subject to the terms and conditions of the Employment Practices Liability Coverage an optional Extended Re porting Period may be purchased for 12 months for 75 of the Premium for the Policy Period. ITEM 4. EMPLOYMENT PRACTICES LIABILITY CONTINUITY DATE Continuity Date 12282018 ITEM 5. PREMIUM INCLUDED ITEM 6. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. Page 1of 1 PR T00702 15 2015 The Travelers Indemnity Company. Al rights reserved. TRAVELERS DOC MGMT Page 332 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE FORM This Coverage Part includes two coverages EMPLOYMENT PRACTICES LIABILITY COVERAGE and IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE EMPLOYMENT PRACTICES LIABILITY COVERAGE PROVIDES CLAIMS MADE COVERAGE. DEFENSE EXPENSES ARE PAYABLE WITHIN AND ARE NOT IN ADDIT ION TO THE LIMIT OF INSURANCE. PAY MENT OF DEFENSE EXPENSES WILL REDUCE THE LIMIT OF INSURANCE FOR EMPLOYMENT PRAC TICES LIABILITY COVERAGE AND WILL BE APPLIED AGAINST THE RETENTION AMOUNT. 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 Common Policy Dec larations including any other organization qualifying as a Named Insured under this policy other than any sub sidiary. For any Named Insured who is a person you and your refers to such person doing business as a sole proprietorship and only with respect to the conduct of the business of which such person is the sole owner. 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 the applicable Who Is An In sured provision for each coverage included in this Coverage Part. Other words and phrases that appear in quotation marks have special meaning for the coverages included in this Coverage Part. Refer to the applicable Definitions provision for each coverage included in this Coverage Part for the meanings applicable to that coverage. SECTION EMPLOYMENT PRACTICES LIABIL and solely at the expense of the insured in ITY COVERAGE such event all defense expenses and other costs and expenses incurred or paid by the Al ing A it nsuring Agreemen insured after the date the insured refused to 1. We will pay on behalf of the insured dam consent to settlement as recommended by ages and defense expenses on account of us will be the sole responsibility of the in a claim first made during the policy period sured and will not be recoverable under this for an actual or alleged wrongful employment Employment Practices Liability Coverage practice. We will have the right and duty to and the insured also will be solely responsible defend any claim including the right to se for all damages in excess of the lower of the lect defense counsel with respect to such amount for which settlement could have been claim even if the allegations are ground made as recommended by us or the remain less false or fraudulent provided that we will ing portion of the Limit of Insurance. not be obligated to defend or to continue to defend any claim after the applicable Limit of Insurance has been exhausted by payment of damages or defense expenses or both. 2. This Employment Practices Liability Coverage applies to any wrongful employment prac tice only if the wrongful employment prac tice was not committed in whole or in part We may with the written consent of the in prior to the Continuity Date shown in ITEM 4. sured make such settlement or compromise of the Declarations for this Coverage Part. of any claim as we deem expedient and if the insured refuses to consent to the settle ment of any claim as recommended by us based upon a judgment or a bona fide offer of settlement then the insured thereafter must 3. This Employment Practices Liability Coverage applies to any wrongful employment prac tice that is committed and claim that is made anywhere in the world except the pro negotiate or defend such claim independ hibited area. ently of us and on the insured s own behalf PR T110 04 09 2009 The Travelers Companies Inc. Page 1 of 12 TRAVELERS DOC MGMT Page 333 of 391 and solely at the expense of the insured in such event all defense expenses and other costs and expenses incurred or paid by the insured after the date the insured refused to consent to settlement as recommended by us will be the sole responsibility of the in sured and will not be recoverable under this Employment Practices Liability Coverage and the insured also will be solely responsible for all damages in excess of the lower of the amount for which settlement could have been made as recommended by us or the remain ing portion of the Limit of Insurance. This Employment Practices Liability Coverage applies to any wrongful employment prac tice only if the wrongful employment prac tice was not committed in whole or in part prior to the Continuity Date shown in ITEM 4. of the Declarations for this Coverage Part. This Employment Practices Liability Coverage applies to any wrongful employment prac tice that is committed and claim that is made anywhere in the world except the pro hibited area. | 2 |
EMPLOYMENT PRACTICES LIABILITY provided that this exclusion will not apply to claims for retaliation. Liability Assumed Under Contract Or Agreement For or arising from or in consequence of the liability of others assumed by an in sured under any contract or agreement oral or written except to the extent that the insured would have been liable in the absence of such contract or agreement. Express Contract For or arising from or in consequence of liability of the insured under any express contract or agreement. Independent Contractors For liability under any agreement govern ing the terms of the labor or service of an independent contractor temporary worker or leased employee with you your subsidiary or any entity that is an in sured under the Who Is An Insured pro vision Paragraph C.1.e.. ERISA For alleged violation of responsibilities duties or obligations imposed on an in sured under the Employee Retirement In come Security Act of 1974 ERISA in cluding amendments thereto and regula tions promulgated thereunder or any similar or related federal state or local law or for an insured s failure or refusal to establish contribute to pay for insure maintain provide benefits pursuant to or enroll or maintain the enroliment of an employee or dependent in any em ployee benefit plan fund or program in cluding contracts or agreements which are not subject to the provisions of ERISA provided that this exclusion will not apply to claims for retaliation. Other Employment Laws For alleged violation of responsibilities duties or obligations imposed on an in sured under the Consolidated Omnibus Budget Reconciliation Act of 1985 Work ers Adjustment and Retraining Notifica tion Act Occupational Safety and Health Act or amendments thereto or regula tions promulgated thereunder or any similar or related law provided that this exclusion will not apply to claims for re taliation. 4. A claim will be deemed to be made on the earliest date a written demand or notice thereof is received by the insured. All related claims are a single claim for purposes of the Employment Practices Liabil ity Coverage and all related claims will be deemed to have been made at the time the first of such related claims was made whether prior to or during the policy period. If during the policy period the insured first becomes aware of a potential claim and during such policy period gives written no tice thereof as set forth herein to us then if a claim is subsequently made against the in sured by the claimant for the actual or al leged wrongful employment practice such claim will be deemed to have been first made during such policy period. The written notice must include the particulars of such potential claim including all facts constitut ing the actual or alleged wrongful employ ment practice the identity of each person al legedly involved in or affected by such wrongful employment practice and the dates of the alleged events all of which must be provided as soon as practicable but in any event prior to the end of such policy period. Notice of any actual claim which is subsequently made with respect to such po tential claim must be given in accordance with Paragraph B.1. of SECTION Ill CON DITIONS APPLICABLE TO THIS COVER AGE PART. B. Exclusions 1. This Employment Practices Liability Coverage will not apply to and we will have no duty to defend or pay damages or defense ex penses for any claim a. Property Damage Or Bodily Injury For property damage or for or arising out of bodily injury provided that this exclusion will not apply to that portion of a claim seeking damages for emotional distress loss of reputation mental an guish or humiliation. b. Workers Compensation And Similar Laws For any obligation imposed by or arising out of an insured s failure to comply with any law concerning workers compensa tion unemployment insurance social se curity disability insurance or any similar state federal or local law or regulation Page 2 of 12 2009 The Travelers Companies Inc. PRT110 0409 TRAVELERS DOC MGMT Page 334 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY NLRA Strikes Or Lockouts For or arising out of a lockout strike picket line hiring of replacement workers or other similar action in connection with any labor dispute or labor negotiation or for or arising out of any alleged violation of responsibilities duties or obligations imposed on an Insured under the Na tional Labor Relations Act or amend ments thereto or regulations promulgated thereunder or any similar or related law. Pollution 1 Based upon or arising out of the ac tual alleged or threatened discharge dispersal seepage migration re lease or escape of any pollutant 2 Based upon or arising out of any re quest 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 any pollutant or 3 Brought by or on behalf of any gov ernmental authority because of test ing for monitoring cleaning up re moving containing treating detoxify ing or neutralizing or in any way re sponding to or assessing the effects of any pollutant provided that this exclusion will not apply to claims for retaliation. Known Wrongful Employment Practice For or arising out of any fact transaction or event which is or reasonably would be regarded as a wrongful employment practice about which any responsible person had knowledge prior to the Con tinuity Date shown in ITEM 4. of the Dec larations for this Coverage Part. Prior Or Pending Litigation For or arising out of any fact circum stance situation transaction event or wrongful employment practice underly ing or alleged in any prior or pending ci vil criminal administrative or regulatory pro ceeding as of the Continuity Date shown in ITEM 4. of the Declarations for this Coverage Part. Notice Under Other Policy Of Insur ance For or arising out of any fact circum stance situation transaction event or wrongful employment practice which before the effective date of this Coverage Part was the subject of any notice given by or on behalf of any insured under any other policy of insurance.. Laws Related To The Payment Of Wages For any alleged violation of responsibili ties duties or obligations imposed on an insured under any federal state or local law or regulation governing or related to the payment of wages including the pay ment of overtime on call time or mini mum wages or the provision of meal or rest breaks or the classification of em ployees for the purpose of determining employees eligibility for compensation under such laws provided that this ex clusion will not apply to claims for re taliation or for alleged violations of the Equal Pay Act. Subsidiaries For or arising out of any actual or alleged wrongful employment practice commit ted by any subsidiary any acquired en tity or any person thereof who is an in sured during any time when such entity is not a subsidiary or prior to the acqui sition of such entity. Under this Employment Practices Liability Coverage we will have no duty to pay dam ages but will pay defense expenses re sulting from any claim seeking the following Injunctive Relief Costs and expenses incurred or to be in curred to comply with an order judgment or award of injunctive or other equitable relief of any kind or that portion of a set tlement encompassing injunctive or other equitable relief including but not limited to actual or anticipated costs and ex penses associated with or arising from an insured s obligation to provide reasonable accommodation under or otherwise comply with the Americans With Disabili ties Act or the Rehabilitation Act of 1973 including amendments thereto and regu lations thereunder or any related or simi lar law or regulation. 2009 The Travelers Companies Inc. Page 3 of 12 TRAVELERS DOC MGMT Page 335 of 391 PRT11004 09 | 2 |
EMPLOYMENT PRACTICES LIABILITY married or to whom such Domestic Part ner is joined and will not be an insured for any wrongful employment practice committed by such spouse or Domestic Partner. e. Any entity that during the policy period you acquire by merger or form or acquire in which you own more than fifty percent 50 of the outstanding securities repre senting the right to vote for the election of such corporation s directors or the right to elect appoint or designate more than fifty percent 50 of the members of such limited liability company s board of managers is an insured but only for claims for wrongful employment prac tices which are committed wholly during the time that you own more than fifty per cent 50 of such entity. If such acquired or formed entity s em ployees equal more than ten percent 10 of the combined number of em ployees of you and your subsidiaries stated in your most recent application submitted to us then each of the follow ing is a condition precedent to coverage for such entity 1 Notice of the formation or acquisition has been given to us and specific request has been submitted to us to gether with such documentation and information as we require all within ninety 90 days after the effective date of such formation or acquisition and We have agreed to provide coverage under the Employment Practices Li ability Coverage to such entity sub ject to such additional terms and conditions including payment of any additional premium as we may re quire. If the acquired or formed entity s em ployees equal no more than ten percent 10 of the combined number of em ployees of you and your subsidiaries stated in your most recent application submitted to us then notice of such for mation or acquisition should be given to us prior to the end of the policy period. 2. The following are not insureds for Employ ment Practices Liability Coverage Severance Pay or Penalties Severance pay or penalties under any policy or procedure providing for payment in the event of separation from employ ment or sums sought solely on the basis of a claim for unpaid services. C. Wholls An Insured 1. The following are insureds for Employment Practices Liability Coverage b. You and any of your subsidiaries are in sureds. Any present or former employees duly elected or appointed officers directors natural person partners or members of the board of managers of you your subsidiaries or any entity that is an in sured under the Who Is An Insured pro vision Paragraph C.1.e. are insureds for actual or alleged wrongful employment practices committed in the discharge of his or her duties as such. Any heir executor administrator as signee or other legal representative of any insured identified in Paragraph b. above is an insured in the event of the death incapacity or bankruptcy of any such insured identified in Paragraph b. while acting in the capacity as legal rep resentative for that deceased insured. Any person who at the time the claim is made is a lawful spouse or a person qualifying as a Domestic Partner under the provisions of any applicable federal state or local law a Domestic Partner of an insured is also an insured but only if 1 The claim against such spouse or Domestic Partner results from a wrongful employment practice actu ally or allegedly committed by the in sured to whom the spouse is married or to whom the Domestic Partner is joined and 2 Such insured and his or her spouse or Domestic Partner are represented by the same counsel in connection with such claim. However such spouse or Domestic Part ner of an insured will not have any greater right to coverage under this Em ployment Practices Liability Coverage than the insured to whom such spouse is Page 4 of 12 2009 The Travelers Companies Inc. PR T110 04 09 TRAVELERS DOC MGMT Page 336 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY a. Any subsidiary or formed or acquired entity is not an insured for any actual or alleged wrongful employment practice committed by such entity or any person thereof who is an insured during any time prior to such entity becoming your sub sidiary or prior to your formation or ac quisition of such entity. b. Any subsidiary or formed or acquired entity is not an insured for any actual or alleged wrongful employment practice committed by such entity or any person thereof who is an insured during any time within the policy period after which you cease to own more than fifty percent 50 of such entity. But so long as this Employment Practices Liability Coverage remains in effect as to you coverage for such subsidiary or formed or acquired entity will continue to apply to claims for wrongful employment practices commit ted wholly prior to the date on which you ceased to own more than fifty percent 50 of such entity. D. Limit Of Insurance 1. Regardless of the number of persons or enti ties bringing claims and regardless of the number of persons or entities who are insur eds the total limit of our liability to make any payment including defense expenses be cause of all claims including related claims made during a single policy period will not exceed the amount shown in ITEM 1. of the Declarations for this Coverage Part as the Limit of Insurance regardless of when payment is made and regardless of when an insured s legal obligation with regard thereto arises or is established. Payment of defense expenses will reduce and may exhaust the Limit of Insurance. In the event of a judgment in excess of the portion of the Limit of Insurance remaining af ter prior payments of judgments settlements and defense expenses our liability with re gard thereto will not exceed the then remain ing amount of the Limit of Insurance. In no event will we be obligated to make any pay ment with regard to a claim or judgment af ter the Limit of Insurance has been exhausted by payment or tender of payment with regard to defense expenses judgments or settle ments. E. Retention Amount The Retention Amount shown in ITEM 1. of the Declarations for this Coverage Part will be de ducted from all amounts including defense ex penses paid by us for each claim. We will be liable only for sums in excess of the Retention Amount. We will have no obligation to pay dam ages or defense expenses until the Retention Amount has been paid by the insured. We may elect to pay all or part of the Retention Amount and upon notice of the action taken by us the in sured will promptly reimburse us such part of the Retention Amount as has been paid by us. F. Extended Reporting Period At any time prior to or within thirty 30 days after the effective date of termination or cancellation for any reason other than nonpayment of premium the first Named Insured may give us written no tice that the first Named Insured desires to pur chase subject to the period of time and percent of premium shown in ITEM 3. of the Declarations for this Coverage Part the Extended Reporting Period following the effective date of termination or cancellation regarding claims which may be made during such Extended Reporting Period against persons or entities who at the effective date of termination or cancellation are insureds but only for wrongful employment practices committed wholly prior to the effective date of the termination or cancellation subject to the follow ing provisions 1. Such Extended Reporting Period will be deemed to be part of the policy period and not in addition thereto. 2. Such Extended Reporting Period will not pro vide a new additional or renewed Limit of In surance and the Limit of Insurance applica ble to all claims made during such Extended Reporting Period will be only the remaining portion of the Limit of Insurance for the policy period as so extended. 3. Notice of a Potential Claim may not be given by any insured during such Extended Reporting Period. 4. Such Extended Reporting Period will termi nate on the effective date of any insurance purchased or obtained by the first Named In sured or the first Named Insured s successors in business which replaces in whole or in part the insurance afforded by this Employment Practices Liability Coverage. If such other pol icy provides no coverage for acts occurring prior to its effective date it will not be deemed 2009 The Travelers Companies Inc. Page 5 of 12 TRAVELERS DOC MGMT Page 337 of 391 PR T110 0409 | 2 |
EMPLOYMENT PRACTICES LIABILITY a replacement within the meaning of this pro vision. G. Definitions The following definitions apply to this Employment Practices Liability Coverage 1. Bodily injury means bodily injury sickness or disease sustained by a person including loss of consortium or death resulting from any of these at any time. Claim a. Means any of the following submitted to an insured by or on behalf of or for the benefit of a claimant for an actual or al leged wrongful employment practice 1 A written demand for monetary or in junctive relief 2 A civil or administrative proceeding commenced with a summons plead ing or other legal document or 3 A written request to toll or waive a statute of limitations relating to a po tential civil or administrative proceed ing b. Does not include any labor or grievance arbitration or other proceeding pursuant to a collective bargaining agreement or any type of criminal proceeding. Claimant means a. A present or former employee of or ap plicant for employment with you your subsidiary or any entity that is an in sured under the Who Is An Insured pro vision Paragraph C.1.e. b. A governmental entity or agency includ ing but not limited to the Equal Employ ment Opportunity Commission or similar state or local agency when acting on be half of or for the benefit of present or for mer employees or applicants for em ployment or c. Any independent contractor. Damages a. Means money which an insured is legally obligated to pay as a result of a claim including settlements judgments back and front pay compensatory damages prejudgment and post judgment interest and legal fees and expenses of a claim ant awarded pursuant to a court order or judgment. b. Does not include 1 Civil or criminal fines sanctions puni tive or exemplary damages or the multiplied portion of any multiplied damage award liquidated damages payroll or other taxes or damages penalties or types of relief deemed uninsurable under applicable law 2 Future compensation including sal ary or benefits for a claimant who has been or will be hired promoted or reinstated to employment pursuant to a settlement court order judg ment award or other resolution of a claim or that part of any judgment or settlement which constitutes front pay future monetary losses including but not limited to pension and other benefits or other future economic re lief or the value or equivalent thereof if the insured has been ordered or has the option pursuant to a judg ment order or other award or disposi tion of a claim to promote accom modate reinstate or hire the claim ant to whom such sums are to be paid but fails to do so and 3 Medical pension disability life insur ance stock options or other similar employee benefits except and to the extent that a judgment or settlement of a claim includes a monetary component measured by the value of pension medical disability life insur ance stock options or other similar employee benefits as consequential damages for a wrongful employment practice. Defense Expenses a. Means reasonable and necessary legal fees and expenses incurred in the inves tigation adjustment defense and appeal of claims including but not limited to cost of expert consultants and witnesses and premiums for appeal injunction at tachment or supersede as bonds without the obligation to furnish such bonds b. Does not include salaries wages bene fits or overhead of or paid to any in sured. Discrimination means any actual or alleged a. Violation of any employment discrimina tion law or Page 6 of 12 2009 The Travelers Companies Inc. PR T110 04 09 TRAVELERS DOC MGMT Page 338 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY 10. 11. b. Disparate treatment of or the failure or refusal to hire a claimant because he or she is or claims to be a member of a class which is or is alleged to be legally protected. Employee means an individual whose labor or service is engaged by and directed by you your subsidiary or any entity that is an in sured under the Who Is An Insured provi sion Paragraph C.1.e. and a. Who is on that insured s payroll including full time part time and seasonal workers b. Who is a temporary worker or volunteer or c. Whose services have been leased by you your subsidiary or any entity that is an insured under the Who Is An Insured provision Paragraph C.1.e. The status of an individual as an employee will be determined as of the date of the actual or alleged wrongful employment practice. Independent Contractor means any natural person who performs labor or service solely for you your subsidiary or any entity that is an insured under the Who Is An Insured provision Paragraph C.1.e. on a full time ba sis pursuant to a written contract or agree ment where such labor or service is under that insured s exclusive direction. The status of an individual as an independent contrac tor will be determined as of the date of the actual or alleged wrongful employment prac tice. Policy Period means the policy period shown by the dates set forth in the Declara tions for this Coverage Part. In no event will the policy period continue past the effective date of termination or cancellation of this Coverage Part. Pollutant means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materi als to be recycled reconditioned or re claimed. Potential Claim means a complaint lodged with a responsible person that a wrongful employment practice has been committed and which does not constitute a claim but which reasonably may be expected to subse quently give rise to a claim. 12. 13. 14. 15. 16. 17. Prohibited area means any country or juris diction while any trade sanction embargo or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction. Property damage means a. Physical injury to tangible property in cluding all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. Related Claims means a. All claims based upon directly or indi rectly arising or resulting from or in any way involving the same facts circum stances situations transactions events or wrongful employment practices and b. All claims based upon a series of con tinuous or related facts circumstances situations transactions events or wrong ful employment practices. Responsible Person means a. A duly elected or appointed officer direc tor natural person partner principal or member of the board of managers b. A member of the staff of the human re sources department or c. A member of the in house legal depart ment or general counsel s office of the Named Insured any subsidiary or any entity that is an insured under the Who Is An Insured provision Paragraph C.1.e.. Retaliation means wrongful termination or other adverse employment action against a claimant on account of such claimant s exercise or attempted exercise of rights pro tected by law refusal to violate any law or on account of the claimant having assisted or testified in or cooperated with a proceeding or investigation regarding alleged violations of law. Sexual Harassment means unwelcome sexual advances requests for sexual favors or any other conduct of a sexual nature which is made a term or condition of a claim ant s employment or advancement which the submission to or rejection of is used as a basis for decisions affecting the claimant or which has the purpose or effect of creating an 2009 The Travelers Companies Inc. Page 7 of 12 TRAVELERS DOC MGMT Page 339 of 391 PR T11004 09 | 2 |
EMPLOYMENT PRACTICES LIABILITY intimidating hostile or offensive work envi ronment. 18. Subsidiary means any corporation or limited liability company in which on or prior to the first day of the policy period shown in the Declarations for this Coverage Part you own directly or through one or more subsidiaries more than fifty percent 50 of the out standing securities representing the right to vote for the election of such corporation s di rectors or the right to elect appoint or desig nate more than fifty percent 50 of the members of such limited liability company s board of managers. 19. Workplace Harassment means harassment other than sexual harassment which cre ates a work environment that interferes with job performance or creates an intimidating hostile or offensive work environment. 20. Wrongful Employment Practice means any of the following occurring in the course of or arising out of the claimant s employment application for employment or performance of services with you your subsidiary or any entity that is an insured under the Who Is An Insured provision Paragraph C.1.e. a. Discrimination Retaliation Sexual harassment Workplace harassment Wrongful termination Breach of employment agreement Violation of the Family Medical Leave Act Employment related misrepresentation Tempong i. Invasion of privacy or defamation includ ing libel or slander j. Failure to create or enforce adequate workplace or employment policies and procedures employ or promote or grant tenure and k. Wrongful discipline denial of training deprivation of career opportunity denial or deprivation of seniority or evaluation. 21. Wrongful Termination means actual or con structive termination of an employment rela tionship with you your subsidiary or any en tity that is an insured under the Who Is An Insured provision Paragraph C.l.e. in a manner or for a reason which is contrary to applicable law or public policy or in violation of an implied employment agreement. Page 8 of 12 2009 The Travele SECTION Il IDENTITY FRAUD EXPENSE REIM BURSEMENT COVERAGE A. Insuring Agreement We will reimburse an insured for expenses as the direct result of any one identity fraud discov ered during the policy period. This Identity Fraud Expense Reimbursement Coverage applies only to identity fraud occur ring anywhere in the world except the prohibited area which is either discovered during or occurs wholly during the policy period and is reported to us during the policy period or within 30 days following the termination of either 1. This Coverage Part or 2. The insured s employment with you or your subsidiary. B. Exclusions This Identity Fraud Expense Reimbursement Coverage does not apply to 1. Fraudulent Dishonest or Criminal Acts Loss due to any fraudulent dishonest or criminal act by an insured or any person act ing in concert with an insured or by any au thorized representative of an insured whether acting alone or in collusion with others. 2. Loss Other Than Expenses Loss other than expenses. 3. When Individual Not An Insured An identity fraud that was discovered or expenses incurred when an individual was not an insured. 4. Nuclear Loss due to nuclear reaction nuclear radia tion or radioactive contamination or due to any act or condition incident to any of the foregoing. 5. War Loss due to war whether or not declared civil war insurrection rebellion revolution or to any act or condition incident to any of the foregoing. C. Who s An Insured An individual whose labor or service is engaged by and directed by you or your subsidiaries and who is on your payroll or the payroll of any of your subsidiaries including full time and part time workers. The status of an individual as an insured will be determined as of the date such person discovers identity fraud. 2009 The Travelers Companies Inc. PR T11004 09 TRAVELERS DOC MGMT Page 340 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY provided that all charges are dropped or the insured is acquitted. d. Loan application fees for re applying for a loan or loans when the original applica tion is rejected solely because the lender received incorrect credit information. e. Charges incurred for long distance tele phone calls to merchants law enforce ment agencies financial institutions or similar credit grantors or credit agencies to report or discuss an actual identity fraud. f. Reasonable attorney fees incurred with our prior consent for 1 Defense of lawsuits brought against the insured by merchants or their col lection agencies 2 The removal of any criminal or civil judgments wrongly entered against an insured and 3 Challenging the accuracy or com pleteness of any information in a consumer credit report. g. Costs for daycare and eldercare incurred solely as a direct result of identity fraud. Identity Fraud means the act of knowingly transferring or using without lawful authority a means of identification of an insured with the intent to commit or to aid or abet any unlawful activity that constitutes a violation of Federal law or a felony under any applicable state or local law. Policy Period means the policy period shown by the dates set forth in the Declara tions for this Coverage Part in no event will the policy period continue past the effective date of termination or cancellation of this Coverage Part. Prohibited area means any country or juris diction while any trade sanction embargo or similar regulation imposed by the United States of America applies to and prohibits the transaction of business with or within such country or jurisdiction. Subsidiary means any corporation or limited liability company in which on or prior to the first day of the policy period shown in the Declarations for this Coverage Part you own directly or through one or more subsidiaries more than fifty percent 50 of the out standing securities representing the right to vote for the election of such corporation s di D. Limit Of Insurance Our limit of liability per insured for any one loss covered under this Identity Fraud Expense Reim bursement Coverage will not exceed the applica ble Limit of Insurance shown in ITEM 2. of the Declarations for this Coverage Part. Under this Identity Fraud Expense Reimbursement Cover age all losses incidental to an act or series of re lated acts or arising from the same method of op eration whether committed by one or more per sons will be deemed to arise out of one occur rence and will be treated as one loss. Should one such act cause a covered loss to more than one insured the available Limit of Insurance under this Identity Fraud Expense Reimbursement Cov erage and the deductible amount will apply to each insured separately. Our liability to any one insured for all losses cov ered under this Identity Fraud Expense Reim bursement Coverage will not exceed the applica ble Limit of Insurance shown in ITEM 2. of the Declarations for this Coverage Part. Deductible We will be liable only for the amount by which any loss exceeds the applicable Deductible Amount as shown in ITEM 2. of the Declarations for this Coverage Part. This Deductible Amount applies to each and every loss and will have no aggre gate limitation. Definitions The following definitions apply to this Identity Fraud Expense Reimbursement Coverage 1. Expenses means any of the following in curred by an insured a. Costs for notarizing fraud affidavits or similar documents for financial institutions or similar credit grantors or credit agen cies that have required that such affida vits be notarized. b. Costs for certified mail to law enforce ment agencies credit agencies financial institutions or similar credit grantors. c. Lost wages up to a maximum payment of 500 per week for a maximum period of four weeks as a result of time taken off from work to meet with or talk to law en forcement agencies credit agencies andor legal counsel to complete fraud affidavits or due to wrongful incarceration arising solely from someone having committed a crime in the insured s name 2009 The Travelers Companies Inc. Page 9 of 12 TRAVELERS DOC MGMT Page 341 of 391 PR T110 04 09 | 2 |
EMPLOYMENT PRACTICES LIABILITY rectors or the right to elect appoint or desig nate more than fifty percent 50 of the members of such limited liability company s board of managers. SECTION Ill CONDITIONS APPLICABLE TO THIS COVERAGE PART A. The following Conditions apply to both SECTION B. EMPLOYMENT PRACTICES LIABILITY COVERAGE and SECTION Il IDENTITY FRAUD EXPENSE REIMBURSEMENT COVER AGE in addition to the COMMON POLICY CON DITIONS 1. Other Ins urance This insurance will apply only as excess in surance over and will not contribute with any other valid and collectible insurance available to the insured unless such other insurance is specifically in excess of the insurance pro vided by this Coverage Part. Subrogation In the event of payment under this Coverage Part we will be subrogated to all of the in sured s rights of recovery against any person or organization to the extent of such payment and the insured will execute and deliver in struments and papers and do whatever else is necessary to secure such rights. The in sured will do nothing to prejudice such rights. Endorsements Applicable To Employ ment Related Practices Liability Coverage Part Any endorsement to this policy that states that it modifies insurance provided under the Employment Related Practices Liability Cov erage Part will be deemed to modify the in surance provided under this Coverage Part. The following Conditions apply to SECTION EMPLOYMENT PRACTICES LIABILITY COV ERAGE 1. Insured s Duties In The Event Of A Claim It is a condition precedent to all insurance af forded by this Employment Practices Liability Coverage that a. In the event the insured becomes aware that a claim has been made written no tice of the particulars of such claim in cluding all facts constituting any actual or alleged wrongful employment practice the identity of each person allegedly in volved in or affected by such wrongful employment practice and the dates of the alleged events must be provided to us as soon as practicable but in no event more than ninety 90 days following ter mination of the policy period. b. The insured must as soon as practicable forward to us every demand notice summons or legal process received with respect to any claim. c. The insured must cooperate with us and upon our request assist in making set tlements and in defense of claims and in enforcing rights of contribution or indem nity against any person or entity which may be liable to the insured because of an act or omission insured under this Employment Practices Liability Coverage must attend hearings and trials and assist in securing and giving evidence and ob taining the attendance of witnesses. d. The insured will not voluntarily settle any claim make a settlement offer assume or admit liability nor except at the in sured s own cost voluntarily make any payment pay or incur any defense ex penses or assume any obligation or in cur any other expense without our prior written consent such consent not to be unreasonably withheld. 2. Action Against Us No action will lie against us unless as a con dition precedent thereto there will have been full compliance with all of the terms of his Employment Practices Liability Coverage nor until the amount of the insured s obligation to pay has been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and us. Any person or organization or the legal repre sentative thereof who has secured such judgment or written agreement will thereafter be entitled to recover under this Employment Practices Liability Coverage in a court of competent jurisdiction in the United States its territories or possessions or Canada to the extent of the insurance afforded by this Em ployment Practices Liability Coverage. No person or organization will have any right un der this Employment Practices Liability Cov erage to join us as a party to any action against the insured to determine the insured s liability nor will we be impleaded by the in sured or said insured s legal representative. Bankruptcy or insolvency of the insured will Page 10 of 12 2009 The Travelers Companies Inc. PR T110 0409 TRAVELERS DOC MGMT Page 342 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY not relieve us of any of our obligations here under. Representations By accepting this Employment Practices Li ability Coverage each insured represents and agrees that the statements contained in the application which is deemed to be at tached hereto incorporated herein and form ing a part hereof are said insured s agree ments and representations that such repre sentations are material to our acceptance of this risk that we issued this Employment Practices Liability Coverage in reliance upon the truth of such representations and it em bodies all agreements between said insured and us or any of our agents. If any statement or representation in the ap plication is untrue with respect to this Em ployment Practices Liability Coverage this Employment Practices Liability Coverage is void and of no effect whatsoever but only with respect to a. Any natural person who is an insured un der the Who Is An Insured provision Paragraph C.1.b. c. or d. who knew as of the effective date of this Coverage Part that the statement or representation was untrue b. Any Named Insured any subsidiary or any entity that is an insured under the Who is an Insured provision Paragraph C.1.e. if any responsible person knew that the statement or representation was untrue. Whether a natural person who is an insured under the Who Is An Insured provision Paragraph C.1.b. c. or d. or any responsible person had such knowledge will be deter mined without regard to whether the natural person who is an insured under the Who Is An Insured provision Paragraph C.1.b. c. or d. or the responsible person actually knew the application or any other applications completed or submitted for this Employment Practices Liability Coverage contained any such untrue statement or representation. Change Of Control If more than fifty percent 50 of the owner ship of the first Named Insured is changed during the policy period this Employment Practices Liability Coverage will continue in full force and effect with respect to claims for wrongful employment practices commit ted wholly prior to such event but coverage will cease with respect to claims for wrong ful employment practices committed in whole or in part after such event. C. The following Conditions apply to SECTION Il IDENTITY FRAUD EXPENSE REIMBURSE MENT COVERAGE 1. Change in Exposure If at any time during the policy period the number of insureds exceeds one hundred fifty per cent 150 of the number of insureds stated in your most recent application submit ted to us then you will immediately provide written notice to us of such increase in insur eds and will pay any additional premium that we may require. Recoveries Any recoveries less the cost of obtaining them made after settlement of loss covered by this Identity Fraud Expense Reimburse ment Coverage will be distributed as follows a. First to the insured until the insured is reimbursed for any loss that was sus tained by the insured that exceeds the Limit of Insurance and the Deductible Amount if any b. Then to us until we are reimbursed for the settlement made and c. Then to the insured until the insured is re imbursed for that part of the loss equal to the Deductible Amount if any. Recoveries do not include any recovery from insurance suretyship reinsurance security or indemnity taken for our benefit. Ownership Interests Covered This Identity Fraud Expense Reimbursement Coverage will be for the sole use and benefit of the insured and you. It provides no rights or benefits to any other person entity or organi zation. Insured s Duties When Loss Occurs Upon knowledge or discovery of loss or of an occurrence which may give rise to a claim under the terms of this Identity Fraud Ex pense Reimbursement Coverage the insured will give notice thereof as soon as practicable to us and file detailed proof of loss duly sworn to with us within one hundred twenty 120 days after the discovery of loss. If the loss involves a violation of law the insured will also notify the police. 2009 The Travelers Companies Inc. Page 11 of 12 TRAVELERS DOC MGMT Page 343 of 391 PR T110 0409 | 2 |
EMPLOYMENT PRACTICES LIABILITY Upon our request the insured will submit to examination by us subscribe the same un der oath if required and produce for our ex amination all pertinent records all at such reasonable times and places as we will des ignate and will cooperate with us in all mat ters pertaining to loss or claims with respect thereto. Compliance with all terms and condi tions of this Identity Fraud Expense Reim bursement Coverage is a precedent to recov ery under this Identity Fraud Expense Reim bursement Coverage. The insured will keep books receipts bills and other records in such manner that we can accurately determine therefrom the amount of any loss. At any time subsequent to the re porting thereof to us we may examine and audit the insured s books and records as they relate to a loss under this Identity Fraud Ex pense Reimbursement Coverage. Action Against Us No action will lie against us unless as a con dition precedent thereto there will have been full compliance with all terms of this Identity Fraud Expense Reimbursement Coverage nor until 90 days after the required proof of loss has been filed with us nor at all unless commenced within two years from the date when the insured first discovers the loss. If any limitation of time for notice of loss or any legal proceeding herein contained is shorter than that permitted to be fixed by agreement under any statute controlling the construction of this Identity Fraud Expense Reimburse ment Coverage the shortest permissible statutory limitation of time will govern and will supersede the time limitation herein stated. Concealment or Misrepresentation This Indemnity Fraud Expense Reimburse ment Coverage is void as to any insured if at any time such insured intentionally conceals or misrepresents a material fact concerning either this insurance or a claim under this in surance. Page 12 of 12 2009 The Travelers Companies Inc. PR T11004 09 TRAVELERS DOC MGMT Page 344 of 391 | 2 |
EMPLOYMENT PRACTICES LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR FINANCIAL INTEREST IN FOREIGN ORGANIZATIONS EMPLOYMENT PRACTICES LIABILITY This endorsement modifies insurance provided under the following EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COV ERAGE FORM PROVISIONS 1. The following is added to Paragraph A. Insuring Agreement of SECTION EMPLOYMENT PRACTICES LIABILITY COVERAGE In the event of foreign employment practices loss incurred by a foreign insured organization or by any other insured for whom such foreign insured organization is liable we will reimburse the first Named Insured or any other Named Insured that is not a foreign insured organization for such foreign employment practices loss because of its financial interest in that foreign insured organization. For purposes of this insurance amounts we reimburse under a. Paragraph a. of the definition of foreign employment practices loss will be deemed to be damages we pay on behalf of such Named Insured under this Employment Practices Liability Coverage and b. Paragraph b. of the definition of foreign employment practices loss will be deemed to be defense expenses we pay on behalf of such Named Insured under this Employment Practices Liability Coverage. The following replaces Paragraph A.3. of SECTION EMPLOYMENT PRACTICES LIABILITY COVERAGE 3. This Employment Practices Liability Coverage applies to any wrongful employment prac tice that is committed and claim that is made anywhere in the world. The definition of prohibited area in the DEFINITIONS Section of SECTION EMPLOYMENT PRACTICES LIABILITY COV ERAGE is deleted. The following is added to the DEFINITIONS Section of SECTION EMPLOYMENT PRACTICES LIABILITY COVERAGE Financial interest means the insurable interest in a foreign insured organization because of a. Sole ownership of or majority ownership inte rest in such foreign insured organization either directly or through one or more intervening subsidiaries b. Indemnification of or a legal obligation to in demnify 1 Such foreign insured organization or 2 Any other insured for whom such foreign insured organization is liable for a foreign employment practices liability loss or c. Any obligation to obtain insurance for such foreign insured organization. Foreign employment practices liability loss means a. Damages we would have paid on account of a claim to which this Employment Practices Liability Coverage would have applied or b. Defense expenses that we would have paid on account of any claim against an insured that we would have defended but for the fact that such insured is located in any country or jurisdiction in which we are not li censed to provide this Employment Practices Liability Coverage and where providing this Employment Practices Liability Coverage would violate the laws or regulations of such country or jurisdiction. Foreign insured organization means any organi zation that a. Is an insured under Paragraph C. Who Is An Insured of Section Employment Practices Liability Coverage and b. Is located in a country or jurisdiction in which PRACTICES LIABILITY COVERAGE Financial interest means the insurable interest in a foreign insured organization because of a. Sole ownership of or majority ownership inte rest in such foreign insured organization either directly or through one or more intervening subsidiaries b. Indemnification of or a legal obligation to in demnify 1 Such foreign insured organization or 2 Any other insured for whom such foreign insured organization is liable for a foreign employment practices liability loss or c. Any obligation to obtain insurance for such foreign insured organization. Foreign employment practices liability loss means a. Damages we would have paid on account of a claim to which this Employment Practices Liability Coverage would have applied or b. Defense expenses that we would have paid on account of any claim against an insured that we would have defended but for the fact that such insured is located in any country or jurisdiction in which we are not li censed to provide this Employment Practices Liability Coverage and where providing this Employment Practices Liability Coverage would violate the laws or regulations of such country or jurisdiction. Foreign insured organization means any organi zation that a. Is an insured under Paragraph C. Who Is An Insured of Section Employment Practices Liability Coverage and b. Is located in a country or jurisdiction in which 2015 The Travelers Indemnity Company. All rights reserved. Page 1of 2 TRAVELERS DOC MGMT Page 345 of 391 PRT5230315 | 2 |
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