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PL6420778 07 Administrative Offices 301 E 4th Street GREATAMERICAN Ginimaliof 5202 4201 INSURANCE GROUP 513 369 5000 ph Great American ES Insurance Company CG 83 66 Ed. 06 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR BIOLOGICAL OR CHEMICAL EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTORS A. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION COVERAGE A. Bodily Injury and Property Damage Liability of the Commercial Gen eral Liability Coverage Form and to para graph 2. Exclusions of SECTION I. COV ERAGES of the Owners and Contractors Protective Liability Coverage Form Cov erage for Operations of Designated Con tractor 2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any bodily injury or property damage caused directly or indirectly in whole or in part by any of the following regardless of any other causes or events that may contribute concurrently or in any other sequence to the bodily injury or prop erty damage 1 Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or design actually or apparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. B. The following exclusion is hereby added to paragraph 2. Exclusions of SECTION I. COVERAGE B. Personal and Advertising In jury Liability of the Commercial General Li ability Coverage Form CG 83 66 Ed. 0605 XS Page 1 of 2 | 2 |
PL6420778 07 Great American ES Insurance Company 2. Exclusions Nuclear Biological or Chemical Notwithstanding any other provision of this policy this insurance does not apply to any personal or advertising injury caused directly or indirectly in whole or in part by any of the following regardless of any other causes or events that may contribute concurrently or in any other sequence to the personal and advertising injury 1 Any actual attempted suspected or threatened use of any NBC material as part of any plan effort or design actually or apparently intended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. Any actual attempted suspected or threatened presence spread dissemi nation release escape or distribution of any NBC material as a direct or indirect result of any actual attempted suspected or threatened plan effort or design actually or apparently in tended to cause any a loss or damage to any tangible or intangible property or b bodily injury or emotional dis tress. NBC Material means any nuclear bio logical or chemical material or substance that causes damage to property or is harmful to human health. NBC material includes but is not limited to 1 any radioactive substance or material and the radiation it releases 2 any pathogen bacterium microbe virus or other organism 3 any substance or material produced by or from any pathogen bacterium mi crobe virus or other organism and 4 any poison toxin or other harmful chemical substance or material. The foregoing list 1 through 4 is only illustrative and should not be construed as a complete exclusive or exhaustive list of all NBC materials. This endorsement does not change any other provision of the policy. CG 83 66 Ed. 0605 XS Page 2 of 2 | 2 |
PL6420778 07 Administrative Offices 301 E 4th Street GREATAMERICAN Ginimaliof 5202 4201 INSURANCE GROUP 513 369 5000 ph Great American ES Insurance Company ESG 1001 Ed. 09 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PRE EXISTING DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM A. The following is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. B. The following is added to PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION COVERAGES PRODUCTS COMPLETED OPERATIONS Bodily Injury and Property Damage Liability 2. Exclusions Pre Existing Damage 1. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown a. which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b. which is or is alleged to be in the process of occurring as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. Bodily injury or property damage arising out of or related in any way in whole or in part either directly or indirectly whether known or unknown which is in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever is earlier. All Other Terms and Conditions Remain Unchanged. ESG 1001 Ed. 0913 | 2 |
PL6420778 07 Great American ES Insurance Company AES 3077 Ed. 07 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY TESTING AND CONSULTING ERRORS AND OMISSIONS EXCLUSION This insurance does not apply to 1. Any bodily injury property damage personal and advertising injury arising out of the rendering of or failure to render any professional services. 2. Any bodily injury property damage personal and advertising injury arising out of a. anerror omission defect or deficiency in 1. any test performed or 2. an evaluation a consultation or advice given by or on behalf or any insured b. the reporting of or reliance upon any such test evaluation consultation or advice or c. an error omission defect or deficiency in experimental data or the Insured s interpretation of that data. This endorsement does not change any other provision of the Policy. AES 3077 Ed. 0707 XS | 2 |
PL6420778 07 Administrative Offices 301 E 4th Street GREATAMERICAN Ginimaliof 5202 4201 INSURANCE GROUP 513 369 5000 ph Great American ES Insurance Company cG 83 61 Ed. 02 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR A. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage A. Bodily Injury and Property Damage Liabil ity of the Commercial General Liability Coverage Form and to paragraph 2. Exclu sions of SECTION. COVERAGES of the Owners and Contractors Protective Liability Coverage Form Coverage for Operations of Designated Contractor 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any bodily injury which would not have occurred in whole or in part but for the actual alleged threatened or suspected inhalation or ingestion of exposure to or contact with silica or dust that includes or contains sili ca. Any property damage which would not have occurred in whole or in part but for the actual alleged threatened or suspected contact with exposure to existence of or presence of sili ca or dust that includes or contains silica. c. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. B. The following exclusion is added to paragraph 2. Exclusions of SECTION I. Coverage B. Personal and Advertising Injury Liability of the Commercial General Liability Coverage Form 2. Exclusions This insurance does not apply to Silica or Related Dust a. Any personal and advertising injury which would not have taken place in whole or in part but for the actual alleged threatened or suspected in halation or ingestion of contact with exposure to existence of or pres ence of silica or dust that includes or contains silica. CG 83 61 Ed. 0205 XS Page 1 of 2 | 2 |
PL6420778 07 b. Great American ES Insurance Company Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing re mediating or disposing of or in any way responding to or assessing the effects of silica or dust that includes or contains silica by any insured or by any other person or entity. This exclusion applies regardless of i the circumstances of or leading to such actual alleged threat ened or suspected inhalation in gestion exposure contact exis tence or presence and ii whether the silica or dust that includes or contains silica is mixed or combined with or also includes or contains any other substance. C. The following definition is added to the Defi nitions Section Silica means silicon dioxide SiOz in any form from any source. C. The following definition is added to the Defi nitions Section Silica means silicon dioxide SiOz in any form from any source. CG 83 61 Ed. 0205 XS Page 2 of 2 | 2 |
PL6420778 07 Great American ES Insurance Company cG 21 49 Ed. 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by thefol lowing This insurance does not apply to f. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Copyright Insurance Services Office Inc. 1998 CG 21 49 Ed. 0999 XS | 2 |
PL6420778 07 Great American ES Insurance Company ESG 1011 Ed. 0916 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following exclusion is added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION COVERAGES Coverage B. Personal and Advertising Injury 2. Exclusions Unmanned Aircraft Liability Any personal and advertising injury arising out of or related in any way to unmanned aircraft or unmanned aircraft products B. The following definitions are added to COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION V DEFINITIONS of the Occurrence Form and SECTION VI DEFINITIONS of the Claims Made Form Unmanned aircraft means an aircraft that is not a. designed b. manufactured or c. modified after manufacture to be controlled directly by a person from within or on the aircraft Unmanned aircraft products means unmanned aircraft or any ground support or control equipment used in relation to unmanned aircraft including a. any unmanned aircraft parts b. any products installed in or on unmanned aircraft c. any goods or products used in connection with an unmanned aircraft and d. ground handling tools and equipment. Unmanned aircraft products also includes any a. tooling used in the manufacture of any such parts goods products tools or equipment b. representations or warranties made with respect to any such parts goods products tools or equipment c. training aids instructions manuals blueprints engineering and other data engineering reports for any such parts goods products tools or equipment and ESG 1011 Ed. 0916 Page 1 of 2 | 2 |
PL6420778 07 Great American ES Insurance Company d. other advice services and labor relating to any such parts goods products tools or equipment. This endorsement does not change any other provision of the policy. ESG 1011 Ed. 0916 Page 2 of 2 | 2 |
PL6420778 07 Administrative Offices 301 E 4th Street GREATAMERICAN Ginimaliof 5202 4201 INSURANCE GROUP 513 369 5000 ph Great American ES Insurance Company IL 72 10 Ed. 01 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Rejection Of Offer You have rejected the offer of terrorism coverage for Acts of Terrorism that are certified under the Terrorism Risk Insurance Act as an Act of Terrorism. An exclusion of terrorism losses has been made a part of this policy. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. You have rejected this offer of coverage. IL 72 10 Ed. 0108 XS | 2 |
PL6420778 07 Great American ES Insurance Company cG 2175 Ed. 06 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to 2. fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. physical injury that involves a substan tial risk of death or b. protracted and obvious physical dis figurement or c. protracted loss of or impairment of the function of a bodily member or organ or 3. the terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or ra diation or radioactive contamination or 4. the terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical ma terials or 5. pathogenic or poisonous biological or chemical materials are released and it ap pears that one purpose of the terrorism was to release such materials. With respect to this exclusion paragraphs 1. and 2. describe the thresholds used to mea sure the magnitude of an incident of an other act of terrorism and the circumstances in Terro Any injury or damage arising directly or in directly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States in cluding its territories and possessions and Puerto Rico but within the coverage terri tory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. the total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business in terruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for applica tion of any terrorism exclusions or Copyright ISO Properties Inc. 2008 Page 1 of 2 CG 21 75 Ed. 0608 XS | 2 |
PL6420778 07 Great American ES Insurance Company which the threshold will apply for the purpose of determining whether this exclusion will ap ply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any coverage part to which this endorsement is applica ble and includes but is not limited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable coverage part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Sec retary of State and the Attorney General of the United States to be an act of ter rorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. the act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insur ance Act b. the act resulted in damage 1 within the United States including its territories and possessions and Puerto Rico or 2 outside of the United States in the case of a an air carrier as defined in Section 40102 of title 49 United States Code or Unit C. ed States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regu lation in the United States regardless of where the loss occurs or b the premises of any United States mission and c. the act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the Policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the Policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of ter rorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Copyright ISO Properties Inc. 2008 Page 2 of 2 CG 21 75 Ed. 0608 XS | 2 |
PL6420778 07 Great American ES Insurance Company cG 2176 Ed. 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added This insurance does not apply to Terrorism Punitive Damages Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Trea sury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insur ance Act for a certified act of terrorism include the following 1. the act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. the act is a violent act or an act that is dangerous to human life property or in frastructure and is committed by an in dividual or individuals as part of an effort to coerce the civilian population of the United States or to influence the Policy or affect the conduct of the United States Government by coercion. Copyright ISO Properties Inc. 2007 CG 21 76 Ed. 0108 XS | 2 |
PL6420778 07 Administrative Offices 301 E 4th Street GREATAMERICAN Ginimaliof 5202 4201 INSURANCE GROUP 513 369 5000 ph Great American ES Insurance Company PLEASE READ THIS CAREFULLY. SURPLUS LINES NOTIFICATION THIS POLICY IS ISSUED BY AN INSURER NOT AUTHORIZED TO DO BUSINESS IN KANSAS AND AS SUCH THE FORM FINANCIAL CONDITION AND RATES ARE NOT SUBJECT TO REVIEW BY THE COMMISSIONER OF INSURANCE AND THE INSURED IS NOT PROTECTED BY ANY GUARANTY FUND. KSSN Ed. 0508 XS | 2 |
cNA Marine Services Liability Declarations Policy Issued by Policy Number ML 9783006 The Continental Insurance Company Renewal Of New CNA Plaza Chicago IL 60685 A Stock Company Producer s Code 19354000 Named Insured and Mailing Address Producer s Name and Address Dredge America Inc. International Special Risks 9555 N.W. Highway N 50 Salem Street 3 Floor Kansas City MO 64153 Lynnfield MA 01940 Business Description MGL Ship Repairer Policy Period From 01142014 to 04012015 at 1201 A.M. Standard Time at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE FORMS FOR WHICH AN X IS INDICATED. THE PREMIUM MAY BE SUBJECT TO ADJUSTMENT. Coverage Forms Coverage Forms X Commercial General Liability Stevedores Liability Marina Operators Liability Protection and Indemnity Terminal Operators Liability Marina Operators P X Ship Repairers Liability X Wharfingers Liability Charterers Liability Policy Limits and Deductible General Aggregate Limit except Products Completed Operations and 2000000. Marina Operators Liability Products Completed Operations Aggregate Limit 1000000. Personal Advertising Injury Aggregate Limit 1000000 Each Occurrence Limit 1000000. Marina Operators Liability Limit Not Covered Deductible other than Commercial General Liability o Commercial General Liability Deductible 10000. Sublimits if any are shown on the applicable Coverage Forms Declarations Premiums All Coverages other than Protection and Indemnity Premium Base X Gross Receipts Other describe Premium Base Amount Rate See General Terms and Conditions Advanced Deposit Premium Total Coverage Premium 24220.00 Premium is subject to audit X Yes No COUNTERSIGNED 03042014 BY Homes f 20 Date Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON CONDITIONS COVERAGE FORM DECLARATIONS COVERAGE FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. ML 001A ED. 898 rance Company IL 60685 Mailing Address N 153 iability ral Liability lemnity hility 2000000. 1000000. 1000000 1000000. Not Covered 0. 10000. 24220.00 | 2 |
GNA ENDORSEMENT NO. 1 Date of Issuance 02182014 THIS ENDORSEMENT EFFECTIVE 01142014 FORMS A PART OF POLICY NO. ML 9783006 OF THE Continental Insurance Company ISSUED TO Dredge America Inc. EXCLUSION OF CERTIFIED ACTS OF TERRORISM UNDER THE TERRORISM RISK INSURANCE ACT AS EXTENDED It is agreed as follows The Policyholder has been previously notified of the availability of and the price for coverage of Certified Acts of Terrorism under the Terrorism Risk Insurance Act as extended and reauthorized Act. As defined in Section 1021 of the Act an act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Policyholder has opted to not purchase such coverage under this policy. Any exclusions contained in this policy that apply to Certified Acts of Terrorism have full force and effect. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Act as amended. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the Insurance Company providing the coverage. The Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. All other provisions of this policy remain unchanged and in full force and effect. AGENT OR BROKER NAME AND ADDRESS International Special Risks 50 Salem Street 3rd Floor Lynnfield MA 01940 TRIA MARINE R1 ed. 0108 | 2 |
Dredge America Inc. Policy No. ML 9783006 January 14 2014 April 1 2015 General Terms Conditions PUNITIVE AND EXEMPLARY DAMAGES Not withstanding anything contained herein to the contrary this policy excludes any liability imposed on the Assured as punitive or exemplary damages however described. CANCELLATION This Policy may be cancelled by either party giving thirty 30thirty 30 days ten 10 days in the event of non payment of premium written or telegraphic notice to the other if at the option of Underwriters pro rata if at the request of the Assured short rates will be charged and arrival. OCCUPATIONAL DISEASE EXCLUSIONS CLAUSE Notwithstanding anything to the contrary contained in this policy it is hereby understood and agreed that this policy is subject to the following exclusions and that this policy shall not apply to 1 Any liability of whatsoever nature of the Assured whether for damage maintenance and cure fines and penalties or funeral expenses arising out of loss of life or injury to or illness of any person due to occupational andor industrial diseases andor injuries gradually contracted form the character of his present or prior employment because thereof and incidental thereto and whether or not such employment be in the service of the assured or otherwise and 2 Any costs and expenses of investigating andor defending any claim or suit against the Assured arising out of a liability or alleged liability of the Assured excluded above. DEFINITION OF OCCURRENCE The liability of this company in respect of loss damage costs fees expenses or claims arising out of or in consequence of any one occurrence is limited to the amount hereby insured. For the purpose of this clause each occurrence shall be treated separately but a series of claims hereunder arising from the same occurrence shall be treated as due to that occurrence. NOTICE OF LOSS Warranted that in the event of any occurrence which may result in loss damage andor expense for which this Company is or may become liable the Assured will use due diligence to give prompt notice thereof and forward to this Company andor the Agent or Broker of Record that arranged this insurance as soon as practicable after receipt thereof all communications processes pleading and other legal papers or documents relating to such occurrences. Within sixty 60 days after the loss unless such time is extended in writing by this company the insured shall render to this company a proof of loss signed and sworn by the insured stating knowledge and belief of the insured as to the following the time and origin of the loss the interest of the insured and of all other in the property the actual cash value of each item and origin of the loss thereto all encumbrances thereon all other contracts of insurance whether valid or not covering any said property any changes in the title use occupation location possession or exposures of said property since the issuing of this policy and if required and obtainable verified plans and specifications of any vessel equipment fittings or machinery lost or damaged. The insured as often as may be reasonably required shall exhibit to any person designated by this company all that remains of any property herein described and submit to examinations under oath by any person named by this company and subscribe the same and as often as may be reasonably required shall produce for any person designated by this company vouchers or certified copies thereof if originals be lost at such reasonable time and place as may be designated by this company or its representative and shall permit extracts and copies thereof to be made. Whenever required by this Company the Assured shall aid in securing information evidence and in obtaining of witnesses and shall cooperate with this Company except in a pecuniary way in the defense of any claim or suit or in the appeal from any judgment in respect of any occurrence as herein before provided. ERRORS AND OMISSIONS This policy shall not be invalidated by an unintentional delay error omission or oversight in making declarations or reports or in rendering reports of values under charter lease or other agreements provided that same be reported to this Company as soon as practicable as soon as known or discovered by the Assured and an additional premium if due be paid. RATES 0.60 against Gross Receipts up to 3500000. 0.50 against Gross receipts in excess of 3500000. Gross receipts Estimated at 5150000. Annual Reporting | 2 |
AFFILLIATED COMPANIES In respect of the vessels insured this policy also covers the affiliated subsidiary or interrelated companies of the Assured be they owners andor bareboat charterers andor charterers andor sub charterers andor operators andor in whatever capacity and shall so continue to cover notwithstanding the provisions of this policy with respect to change of ownership or management. Provided however that in the event of any claim being made by an affiliated subsidiary or interrelated company under this clause it shall not be entitled to recover in respect of any liability to which it would not be subject if it were the owners of the vessel not to a greater extent than an owner would be entitled in such event to recover. This Company waives any right of subrogation against any subsidiary affiliated or interrelated company of the Assured. However should the vessel be sold or transferred or chartered on a bareboat basis to other than the Assured or the affiliated subsidiary or interrelated companies of the Assured or be requisitioned on a bareboat basis the provisions of this policy with respect to change to ownership or management shall govern. This policy will discharge any liability that it would bear if each of the Assureds named herein was separately insured however it is specifically understood and agreed that the named of more than one Assured hereunder shall not otherwise increase the liability of this Company or alter any other terms or conditions of this policy. CONTRACTUAL LIABILITY In consideration of the premium charged it is hereby understood and agreed that this Policy is extended to cover any liability imposed upon the Assured which liability is assumed under any contractual agreements entered into by the Assured provided that such liability be of a nature of one or more of the liabilities otherwise covered by the terms of this Policy and therefore recoverable therein. It is further understood and agreed that this insurance shall respond to and indemnify others as required by such agreements referred to above as if such other parties were included as Additional Assured herein. Where the Assured is required to provide full limits of liability in this Policy to an Additional Assured who is not owner of an insured vessel it is agreed that underwriters delete the clause which limits recovery to no greater extent than if such Additional Assured were the owner of an insured vessel. SUBROGATION RIGHTS Except as otherwise provided herein the Company shall be subrogated to all the rights which the Assured may have against any other person corporation vessel or interest in respect to any payment made under this policy to the extent of such payment and the Assured shall upon request of the Company execute all documents necessary to secure the Assurer such rights. It is a condition of this insurance that if the Assured shall before or after loss waive compromise settle or otherwise impair any right or claim to which the Company would be subrogated upon payment of a loss then this Company shall be free from liability with respect to such loss..OTHER INSURANCE CLAUSE Any other insurance andor co insurance clauses contained elsewhere in this policy are hereby deleted and the following language is substituted in its place and forms part of this policy This policy is excess over any other insurance whether primary excess contingent or on any other basis whether prior or subsequent hereto and by whomsoever effected directly or indirectly covering loss or damage insured hereunder and this company shall be liable only for the excess of such loss or damage beyond the amount due from such other insurance whether collectable or not however up to but not exceeding the limits of this policy as set forth in the declarations. CONCEALMENT FRAUD This entire policy shall be void if whether before or after a loss the insured has willfully concealed or misrepresented any material fact or circumstances concerning this insurance or the subject thereof or the interest of the insured therein or in case of any fraud or false swearing by the insured relating thereto. AIMU U.S. ECONOMIC AND TRADE SANCTIONS CLAUSE Whenever coverage provided by this policy would be in violation of any U.S. economic or trade sanctions such as but not limited to those sanctions administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC such coverage shall be and void. Similarly any coverage relating to or referred to in any certificates or other evidences of insurance or any claim that would be in violation of U.S. economic or trade sanctions as described above shall also be and void. ABSOLUTE ASBESTOS EXCLUSION Notwithstanding anything to the contrary contained in this Policy it is hereby understood and agreed that this Policy shall not apply to Bodily Injury or Personal Injury or loss of damage to or loss of use of property directly or indirectly caused by asbestos. | 2 |
EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Exclusions of Section I COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or 2. Property damage arising in whole or in part out of the actual alleged or threatened presence of silica. B. The following exclusion is added to Exclusions of Section I COVERAGE B. PERSONAL AND ADVERTISING LIABILITY This insurance does not apply to personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of silica. C. The following definition is added Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silica. EXCLUSION RESPIRABLE DUST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Exclusions of Section I COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY This insurance does not apply to Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of respirable dust or 2 Property damage arising in whole or in part out of the actual alleged or threatened presence of respirable dust. B. The following exclusion is added to Exclusions of Section I COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of respirable dust. C. The following definition is added Respirable dust means respirable particulate matter but does not include living organisms. FUNGI MOLD MILDEW YEAST MICROBE EXCLUSION COMMERCIAL GENERAL LIABILITY A. The following exclusion is added to SECTION I 2. EXCLUSIONS This Insurance does not apply to Fungi and Microbes 1 Bodily injury property damage personal injury or advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of contact with exposure to existence of or presence of any fungi or microbes. Any loss cost or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. B. The following definitions are added DEFINITIONS Fungi means any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released fungi. But fungi does not include fungi that were deliberately grown for human consumption. Microbe means any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But microbe does not mean 1 Microbes that were transmitted directly from person to person 2 Microbes that caused food poisoning if your business is food processing sales or serving. | 2 |
INSTITUTE EXTENDED RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this Insurance inconsistent therewith. In no case shall this Insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from a. ionizing radiation from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel b. the radioactive toxic explosive or other hazardous or contaminating properties of any nuclear installation reactor or other nuclear assembly or nuclear component thereof c. any weapon or device employing atomic or nuclear fission andor fusion or other like reaction or radioactive force or matter d. the radioactive toxic explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub clause does not extend to radioactive isotopes other than nuclear fuel when such isotopes are being prepared carried stored or used for commercial agricultural medical scientific or other similar peaceful purposes. INSTITUTE CHEMICAL BIOLOGICAL BIO CHEMICAL ELECTROMAGNETIC WEAPONS AND CYBER ATTACK EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith. In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from a. any chemical biological bio chemical or electromagnetic weapon b. the use or operation as a means for inflicting harm of any computer computer system computer software program computer virus or process or any other electronic system. BLANKET PRIMARY NON CONTRIBUTORY CLAUSE This insurance is primary for the organization shown in the schedule but only with respect to liability arising out of your work for that organization by or for you. Other insurance afforded to that organization will apply as excess and not contribute as primary to the insurance afforded by this endorsement. We agree to provide the organization listed below with at least thirty 30 days notice 10 days notice for non payment of premium of cancellation. All other endorsements provisions conditions and exclusions of this insurance shall remain unchanged and apply to the organization described below. Organization As required by an insurance contract but only with respect to your work BLANKET ADDITIONAL ASSURED AND WAIVER OF SUBROGATION It is agreed that the underwriters waive their rights of subrogation against any person or company to whom the Named Insured is obligated by written contract andor certificate of insurance to provide such waiver but only to the extent of such obligation and only with respect to operations by or on behalf of the Named Assured or to the facilities of or used by the Named Assured. It is further agreed that to the extent that the Named Assured is obligated by written contract andor certificate of insurance to name any one person or organization as additional Assured hereunder the Underwriters shall consider said entities as additional Assureds but only with respect to operations performed by or on behalf of the Named Assureds or to the facilities of or used by the Named Assured. All other provisions of this policy remain unchanged and in full force and effect AGENT OR BROKER NAME AND ADDRESS International Special Risks 50 Salem Street 3rd Floor Lynnfield MA 01940 | 2 |
MARINE SERVICES LIABILITY POLICY COMMON CONDITIONS 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 WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS. All coverages of this policy are subject to the following conditions unless specifically stated otherwise in the Coverage Form. GENERAL CONDITIONS Commercial General Liability Coverage Form except A. LIMITS OF INSURANCE damages and related defense costs because of bodily injury or property damage included in the products completed operations hazard 1. The Limits of Insurance shown in the Declarations and the Limits of Insurance provisions of these Common Conditions and of each Coverage Form fix the most we will c. Damages and defense costs pay regardless of the number of under Coverage B of the a. Insureds Commercial General Liability Coverage Form b. Claims made or suits brought d. Damages and related defense costs under any other Coverage Form attached to this policy. c. Persons or organizations making claims or bringing suits d. Watercraft involved or However the General Aggregate does not apply to any Protection and Indemnity Coverage Forms involved. 2. The General Aggregate is the most limits provided in this policy. we will pay in any one policy year 3 for the sum of 3. The Products Completed Operations Aggregate Limit is the it General Liability Coverage year under Coverage Aofthe o Commercial General Liability b DU dden Coverage Form for damages and Damages and defense costs defense costs because of bodily under Coverage A of the injury and property damage Commercial General Liability Coverage Form except damages and related defense costs because of bodily injury or property damage included in the products completed operations hazard c. Damages and defense costs under Coverage B of the Commercial General Liability Coverage Form d. Damages and related defense costs under any other Coverage Form attached to this policy. However the General Aggregate does not apply to any Protection and Indemnity limits provided in this policy. The Products Completed Operations Aggregate Limit is the most we will pay in any one policy year under Coverage A of the Commercial General Liability Coverage Form for damages and defense costs because of bodily injury and property damage ML 002 ED. 898 Page 1 of 11 | 2 |
included in the products completed operations hazard. B. 4. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a.1Damages and defense costs under Coverage A of the Commercial General Liability Coverage Form and 2Medical expenses under Coverage C of the Commercial General Liability Coverage Form because of all bodily injury and property damage arising out of any one occurrence and 3Damages and defense costs because of all personal injury and all advertising injury sustained by any one person or organization under Coverage B of the Commercial General k Liability Coverage Form. b. Damages and defense costs provided by any other Coverage Form attached to this policy and arising out of any one occurrence. 5. Notwithstanding 1. through 4. above any limit or sublimit contained elsewhere in this policy or added by endorsement shall apply. However in no event shall any such 4 limit or sublimit increase the occurrence limit or the aggregate limiits. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting C.C with the beginning of the policy period shown in the Declarations unless the 1. 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. ML 002 ED. 898 Page 2 of 11 B. DEDUCTIBLES 1. Our obligation under the insurance provided to pay damages medical payments and defense costs on your behalf applies only to the amount of damages medical payments and defense costs in excess of any deductible amounts stated in the Declarations or attached Schedules. The deductible amount applies under either all coverages combined except Protection and Indemnity or to Protection and Indemnity to all applicable damages medical payments and defense costs because of any injury or damage as the result of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence. The terms of this insurance including those with respect to a. Ourright and duty to defend any suits seeking those damages and b. Yourduties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. C. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. | 2 |
2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium. b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. D. WHEN WE DO NOT RENEW. If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. E. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or of ling y we lamed vritten an 30 will be Page 3 of 11 waived only by endorsement issued by us and made a part of this policy.. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine audit and make copies of your books and records as they relate to this policy at any time during the policy period and up to three years afterward.. INSPECTIONS AND SURVEYS We have the right but are not obligated to 1. Make inspections and surveys at any time 2. Give you reports on the conditions we find and 3. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of you your workers or the public. And we do not warrant that conditions 1. Are safe or healthful or 2. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations.. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of ML 002 ED. 898 | 2 |
time of filing the report on which the premium is due.. If this insurance is cancelled you must report the total Premium Base up to and including the date of cancellation. duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property.. PREMIUMS The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. J. PREMIUM ADJUSTMENT 1. We will compute all premiums for this policy in accordance with our rules and rates. 2. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 3.a. The premium shown on the Declarations as advance premium is a deposit premium. You warrant that complete and accurate records of the operations covered by applicable Coverage Forms will be kept and such records will be open to examination by us or our representatives at any time during business hours. b. Within 10 days after the end of each reporting period you must file with us a report containing a complete record of operations and the total amount of the applicable Premium Base as designated on the Declarations for that reporting period. The earned premium is to be computed by using the applicable rate multiplied by the amount of the Premium Base and applied against the Advance Premium until the same is exhausted. When the Advance Premium is exhausted all further eared premiums are ML 002 ED. 898 Page K. MINIMUM PREMIUM You must pay at least the minimum premium shown in the applicable Declarations exceptin the event of cancellation of this policy by us. The minimum premium will only apply when the computed premium is less than the minimum premium. L. REPRESENTATIONS By accepting this policy you agree that 1. All of the information and statements provided to us by you are true accurate and complete and shall be deemed to constitute material representations made by all of the insureds 2. We have issued this policy in reliance upon your representations 3. The misrepresentation of any material matter by you or your agent will render this policy and void and relieve us from all liability herein M. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each insured against whom claim is made or suit is brought. Page 4 of 11 | 2 |
received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. 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. N. FINANCIAL RESPONSIBILITY This policy does not constitute evidence of financial responsibility under the Oil Pollution Act of 1990 or any similar federal state or local law. It is a condition of this policy that it shall not be submitted to the United States Coast Guard or any other federal state or local agency as evidence of financial responsibility. We do not consent to be guarantors. LOSS CONDITIONS A. BANKRUPTCY Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. B. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. 2. If aclaim is made or suit is brought against any insured you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. 3. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers C. LEGAL ACTION AGAINST US. No person or organization has a right under this policy 1. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settiement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. D. OTHER INSURANCE If other valid and collectible insurance is available to the insured for a loss we cover under this policy our obligations are limited as follows 1. Primary Insurance Page 5 of 11 ML 002 ED. 898 | 2 |
Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. ML 002 ED. 898 This insurance is primary except when 2. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in 3. below. Excess Insurance This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis a. That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b. That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner or c. If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of the Commercial General Liability Coverage Form. When this insurance is excess we will have no duty under this policy to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this policy. Page 6 of 11 E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. DEFINITIONS 1. Advertising injury means injury arisingout of one or more of the following offenses a. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services b. Oral or written publication of material that violates a person s right of privacy c. Misappropriation of advertising ideas or style of doing business or d. Infringement of copyright title or slogan. Auto means a land motor vehicle trailer or semitrailer designed for travel on | 2 |
us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. Defense costs do notinclude salaries and expenses of our employees or your employees other than 1 That portion of our employed attorneys fees salaries and expenses allocated to a specific claim or suit and 2 The expenses described in 5.d. above. Employee includes a leased worker. Employee does not include a temporary worker or any contractor or subcontractor doing work on your behalf. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by ML 002 ED. 898 public roads including 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 provided the injury or damage does not occur in the course of travel or transportation to or from any place notincluded in a. above or c. All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by you in the territory described in a. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on your business and 2 The insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Defense costs means payments allocated to a specific claim or suit for its investigation settlement or defense including a. Attorney fees and all other litigation expenses. b. The cost of bonds to appeal a judgment or award in any claim or suit we defend. We do not furnish these bonds. c. 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 d. All reasonable expenses incurred by the insured at our request to assist Page 7 of 11. o R | 2 |
a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them ifthatis the primary cause of the injury or damage or Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 3 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker or any contractor or subcontractor doing work on your behalf. 11. Loading or unloading means the handling of property a. Afteritis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading and unloading does not include the movement of property by means ofa mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads The repair replacement adjustment or removal of your product or your work or Your fulfiling the terms of the contract or agreement. 9. Insured contract means A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of ML 002 ED. 898 Page Page 8 of 11 | 2 |
physical exploration lighting and well servicing equipment. 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Occurrence also includes offense. 14. Personal injury means injury other than bodily injury arising out of one or more of the following offenses False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies by or on behalf of its owner landlord or lessor Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services or Oral or written publication of material that violates a person s right of privacy. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geo physical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geo 15. Products completed operations hazard Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work 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 Page 9 of 11 ML 002 ED. 898 | 2 |
18. 19. 20. reporting period ends on the last day of each month. b. Quarterly reports must show the applicable basis as of the last day of each month but the reporting period ends on the last day of each third month from policy inception. c. Semi Annual reports must show the applicable premium basis as of the last day of each month but the reporting period ends on the last day of the sixth month from policy inception and on the policy anniversary date. d. Annual reports must show the applicable premium basis as of the last day of each month but the reporting period ends on the policy anniversary date. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and 16. A7 ML 002 ED. 898 calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is oth erwise 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 arisesoutofa condition in or on a vehicle not owned or operated by you and that conditon was created by the loading or unloading of that vehicle by any insured c 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it Reporting Period means the period of time for which new reports are due as shown in the applicable Declarations a. Monthly reports must show the applicable premium basis as of the last day of the month and the 18. 19. 20. Page 10 of 11 | 2 |
b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 21. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. ML 002 ED. 898 Page 11 of 11 | 2 |
GBS Commercial General Liability Coverage Form Declarations Policy No. ML 9783006 Limits of Insurance These limits are part of and not in addition to the Policy Limits shown on the Fire Damage Limit Medical Expense Limit Marine Services Liability Policy Declarations 100000 any one fire 10000 any one person Form of Business 1 Individual 1 Joint Venture Limited Liability Company X Organization Other than Partnership or Joint Venture Premium Advance Deposit Premium Included Page 1 of 1 ML 004 ED. 597 | 2 |
MARINE SERVICES LIABILITY POLICY 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 Coverage Form 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 WHO IS AN INSURED SECTION II with respect to this Coverage Form. Refer to DEFINITIONS in the COMMON CONDITIONS of the policy for words and phrases that have special meaning. Defense Costs as defined in this policy are included in the limit of this policy and are not in addition to those limits. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement. a. We will pay those sums in excess of the deductible that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages and defense costs is limited as described in LIMITS OF INSURANCE SECTION lil and 2 Our right and duty to defend ends when we have used up the applicable limits of insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. 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 and 2 The bodily injury or property damage occurs during the policy period. c. Damages because of bodily injury include dam ages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions. This insurance does not apply to a. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages 2 SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement. 1. We will pay those sums in excess of the deductible that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages and defense costs is limited as described in LIMITS OF INSURANCE SECTION lil and Page 1 of 9 ML 005 ED. 997 | 0 |
c. because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Any obligation of the insured under a workers compensation United States Longshoremen s and Harbor Workers Compensation Act Jones Act Death on the High Seas Act General Maritime Law Federal Employers Liability Act disability benefits or unemployment compensation law or any similar law. Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. g. h. discharge dispersal seepage migration release or escape of pollutants at any time. 2 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acid alkalis oil petroleum products chemicals and waste Waste includes material to be recycled reconditioned or reclaimed. Bodily injury or property damage arising out of 1 The ownership maintenance use or 2 entrustment to others of any watercraft owned leased rented or chartered to any insured. Use includes operation and loading or unloading. This exclusion g.1 does not apply to a A watercraft while ashore on premises you own or rent or b Liability assumed under any insured contract for the ownership maintenance or use of watercraft or The ownership maintenance use or entrustment to others of any aircraft or auto owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion g.2 does not apply to a 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 the insured b Liability assumed under any insured contract for the ownership maintenance or use of aircraft or c Bodily injury or property damage arising out of the operation of any of the equipment listed in paragraph f.2 or f.3 of the definiton of mobile equipment. Bodily injury or property damage arising out of f. 1 Bodily injury or property damage which h. would not have occurred in whole or part but for the actual alleged or threatened ML 005 ED. 997 Page 2 of 9 | 1 |
2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Damages claimed for any loss cost or expense incurred by you or others for the loss of use with drawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. 1 Bodily injury or property damage arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a By reason of a claim or suit for any such injury or damage or b In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time 1 Airborne as a fiber particle or dust 2 Contained in or formed a part of a product structure or other real or personal property 3 Carried on clothing 4 Inhaled or ingested or 5 Transmitted by any other means. p. Bodily injury or property damage arising out of the actual or alleged manufacture distribution sale resale rebranding installation repair removal encapsulation abatement replacement or handling of or exposure to lead paint or products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. q. Bodily injury to 1 A person arising out of any a Refusal to employ that person. 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. 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 oragreement. Property damage to 1 Property you own rent or occupy 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. 6 Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Property damage to your product arising out of itor any part of it. 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.. Property damage to impaired property or prop erty that has not been physically injured arising outof 1 A defect deficiency inadequacy or dangerous condition in your product or your work or Page 3 of 9 ML 005 ED. 997 | 1 |
b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline employment references negligent hiring defamation harassment humiliation or dis crimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Bodily injury or property damage arising out of any duties or responsibilities imposed upon the insured by the Employee Retirement Income Security Act of 1974 Public Law 93 406 or any amendment or addition thereto. s. Any liability based upon or arising out of any intentional or unintentional violation of any provision of any Federal or State securities law including but not limited to the Securities Act of 1933 or the Securities Exchange Act of 1934 or any amendments or additions thereto. t. Damages of the following types 1 Civil criminal administrative or other fines or penalties 2 Any portion of a judgment or award that represents a multiple of the compensatory amounts liquidated damages or punitive or exemplary damages 3Equitable relief injunctive relief declarative relief or any other relief or recovery other than monetary amounts or 4Judgments or awards because of acts deemed uninsurable by law. u.1To loss or expense from claims or suits against any person or persons jointly or severally who was or now is or may herein after be a director or officer for breach of duty neglect error misstatement misleading statement or omission while ML 005 ED. 997 Page 4 acting in their respective capacities as directors and officers. 2For loss or expense from claims or suitsagainst any corporation brought by any director or officer for indemnification or to be reimbursed for any damages or costs or expenses incurred in connection with the defense of any action suit or proceeding or in connection with appeal thereof to which any director or officer is or was a party thereto which is or was based on breach of duty neglect error misstatement misleading statement or omissions while acting in their respective capacities as directors and officers. The fact that the corporation may be liable to the director or officer because of state law article or certificate of incorporation of the corporation or bylaws of the corporation or separate contracts shall not alter the condition of this exclusion. v.1Any liability alleged arising out of based upon or attributable to any computer software computer hardware computer operating systems computer networks microprocessors computer chips or any other computerized or electronic equipment or components that actually or allegedly fails partially fails is impaired by causes damage including infection of software or data oris in any way affected by the inability to correctly recognize distinguish interpret or accept one or more dates or times. An example is the inability of computer software to recognize the year 2000. 2This exclusion also applies to any advice consultation design evaluation inspection installation maintenance repair or supervision done by you or for you to determine rectify or test any potential or actual failure malfunction or inadequacy described in paragraph v.1 above. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE Section Il. Page 4 of 9 | 1 |
migration release or escape of pollutants at any time. 6 Arising out of the actual alleged or threatened exposure at any time to asbestos or a Any loss cost or expense that may be awarded or incurred 1 By reason of a claim or suit for any such injury or damage or 2 In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Asbestos means the mineral in any form whether or not the asbestos was at any time a Airborne as a fiber particle or dust b Contained in or formed a part of a product structure or other real or personal property c Carried on clothing d Inhaled or ingested or e Transmitted by any other means. 7 Arising out of the actual or alleged manufacture distribution sale resale rebranding installation repair removal encapsulation abatement replacement or handling of or exposure to lead paint or products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. b. 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 demotion evaluation reassignment discipline employment references negligent hiring defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums in excess of the deductible that the insured becomes legally obligated to pay as damages because of personal injury or 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 injury or advertising injury to which this insurance does not apply. We may at our discretion investigate any occurrence or offense and settle any claim orsuit that may result. But 1 The amount we will pay for damages and defense costs is limited as described in LIMITS OF INSURANCE SECTION Ill and 2 Our right and duty to defend ends when we have used up the applicable limits of insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. This insurance applies to 1 Personal injury caused by an offense arising out of your business excluding advertising publishing broadcasting or telecasting done by or for you 2 Advertising injury caused by an offense committed in the course of advertising your goods products or services but only if the offense was committed in the cov erage territory during the policy period. 2. Exclusions. ML 005 ED. 997 This insurance does not apply to Personal injury or advertising injury 1 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured 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 or 5 Arising out of the actual alleged or threatened discharge dispersal seepage 4 Page 5 of 9 | 1 |
2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. c. Advertising injury arising out of 1 Breach of contract other than misappropriation of advertising ideas under an implied contract The failure of goods products or services to conform with advertised quality or performance 2 3 The wrong description of the price of goods products or services or 4 An offense committed by an insured whose business is advertising broadcasting publishing or telecasting. d. Any loss cost or expense arising out of any 1 Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis oil petroleum products chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 2 g. Any liability based upon or arising out of any intentional or unintentional violation of any provision of any Federal or State securities law including but not limited to the Securities Act of 1933 or the Securities Exchange Act of 1934 or any amendments or additions thereto. h.1 To loss or expense from claims or suits against any person or persons jointly or severally who was or now is or may herein after be a director or officer for breach of duty neglect error misstatement misleading statement or omission while acting in their respective capacities as directors and officers. 2 For loss or expense from claims or suitsagainst any corporation brought by any director or officer for indemnification or to be reimbursed for any damages or costs or expenses incurred in connection with the defense of any action suit or proceeding or in connection with appeal thereof to which any director or officer is or was a party thereto which is or was based on breach of duty neglect error misstatement misleading statement or omissions while acting in their respective capacities as directors and officers. The fact that the corporation may be liable to the director or officer because of state law article or certificate of incorporation of the corporation or bylaws of the corporation or separate contracts shall not alter the condition of this exclusion. COVERAGE C. MEDICAL PAYMENTS e. Damages of the following types 1. Insuring Agreement. ML 005 ED. 997 1 Civil criminal administrative or other fines or penalties 2 Any portion of a judgment or award that represents a multiple of the compensatory amounts liquidated damages or punitive or exemplary damages 3 Equitable relief injunctive relief declarative relief or any other relief or recovery other than monetary amounts or 4 Judgments or awards because of acts deemed uninsurable by law. f. Personal injury or advertising injury arising out of any duties or responsibilities imposed upon the insured by the Employee Retirement Income Security Act of 1974 Public Law 93 406 orany amendment or addition thereto. Page 6 of 9 a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable | 1 |
limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions. We will not pay expenses for bodily injury a. b. To any insured. To a person hired to do work for or on behalf of any insured or a tenant of any insured. To a person injured on that part of premises you own or rent that the person normally occupies. To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. To a person injured while taking part in athletics. Included within the products completed operations hazard. Excluded under Coverage A. Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are 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. 2. Each of the following is also an insured a. ML 005 ED. 997 Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees is an insured for 1 Bodily injury or personal injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that coemployee is either in the course of his or her employment or performing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee as a consequence of paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. b c 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate man ager. c. Any person or organization having proper tempo rary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been ap pointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. 3. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of Page 7 of 9 ither your organization | 1 |
a. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or i the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal injury or advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. b. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. c. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to property damage to such nuclear facility and any property thereat. 3 SECTION Il LIMITS OF INSURANCE 1. This Coverage Form is subject to the Limits of Insurance Condition of the COMMON CONDITIONS. Nothing contained in this Coverage Form shall increase those limits. Subject to 1. above the Fire Damage Limit is the most we wil pay under Coverage A for damages and defense costs because of property damage to premises while rented to you or temporarily occupied by you with permission of the owner arising out of any one fire. Subject to 1. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. THIS COVERAGE FORM IS SUBJECT TO THE FOLLOWING NUCLEAR ENERGY LIABILITY EXCLUSION The following exclusion applies in addition to those stated 2lsewhere in this Coverage Form 1. This insurance does not apply Page 8 of 9 ML 005 ED. 997 | 1 |
As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a. Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste c. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 9 of 9 ML 005 ED. 997 | 1 |
GIRIR Ship Repairers Liability Coverage Form Declarations Policy No. ML 9783006 Limits of Insurance These limits are part of and not in addition to the Policy Limits shown on the Marine Services Liability Policy Declarations Each Watercraft Limit 1000000.00 Miles Limitation 25 miles unless otherwise specified Premises at 9555 N.W. Highway N Kansas City MO 64153 Premium Advance Deposit Premium Included Included MLO10 ED.597 Page 1 of 1 | 2 |
MARINE SERVICES LIABILITY POLICY SHIP REPAIRERS 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 Coverage Form 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. Refer to DEFINITIONS in the COMMON CONDITIONS of the policy for words and phrases that have special meaning. Defense Costs as defined in this policy are included in the limits of this policy and are not in addition to those limits. SECTION SHIP REPAIRERS LIABILITY OVERAGE 1. Insuring Agreement We will pay those sums in excess of the deductible that you as Ship Repairer become legally obligated to pay as damages because of liabilities imposed upon you because of accidental a. Physical loss of or damage to watercraft and their equipment cargo or other interests on board occurring only while such watercraft are in your care custody or control for the purpose of repair or alteration or while such watercraft are being moved via inland waters for a distance not in excess of 25 miles or the Miles Limitation if shown on the Declarations in connection with repairs or alteration. b. Loss or damage caused by a watercraft covered under a. above while in your care custody or control and being navigated or operated away from premises described in the Declarations within permitted waters by your employees or in tow of a tug not owned by or demise chartered to you. Your employee engaged in the navigation of such watercraft shall possess such license as is required by the United States Coast Guard or any other applicable regulatory authority to perform the duties being carried out by said employee. We will have the right and duty to defend you against any suit seeking those damages However we will have no duty to defend you against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result under a. or b.above. But 1 The amount we will pay for damages and defense costs is limited as described in LIMITS OF INSURANCE SECTION II and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance. This insurance applies only if the loss or damage is caused by an occurrence that occurs during the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. 2. Exclusions This insurance does not apply to a. Bodily injury personal injury or advertising liability or medical expenses b. Any liability assumed under a contract or agreement. This exclusion does not apply to liability that you would have in the absence of the contract or agreement c. Loss damage or expense arising in connection with work on any watercraft which has carried flammable or combustible liquid in bulk as fuel or cargo or any watercraft which has carried flammable compressed gas in bulk unless such work is done in accordance with the requirements of the rules and regulations of the National Fire Protection Association applicable to such work ML 011 ED. 997 Page 1 of 4 | 2 |
watercraft carried out during such storage period The expense of redoing the work improperly performed by you or on your behalf or the cost of replacement of materials parts or equipment furnished in connection therewith The cost or expense of repairing replacing or renewing any faultily designed part or parts which causes loss of or damage to the watercraft or for any expenditure incurred by reason of a betterment or alteration in design Loss damage or expense caused by resulting from or incurred by 1 Capture seizure arrest taking restraint detainment confiscation preemption requisition or nationalization and the consequences thereof or any attempt thereat whether in time of peace or war and whether lawful or otherwise 2 Any weapon of war employing atomic or nuclear fission andor fusion or other reaction or radioactive force or matter or by any mine bomb or torpedo 3 Hostilities or warlike operations whether there be a declaration of war or not but the phrase hostilities or warlike operations whether there be a declaration of war or not shall not exclude collision or contact with aircraft rockets or similar missiles or with any fixed or floating object stranding heavy weather fire or explosion unless caused directly independently of the nature of the voyage or service which the watercraft concerned or in the case of a collision any other watercraft involved therein is performing by a hostile act by or against a belligerent power for the purpose of the foregoing power includes any authority maintaining navy military or air forces in association with a power. In addition to the foregoing exclusions this insurance shall not cover any loss damage or expense to which a warlike act or the use of military or naval weapons is a contributing cause whether or not your liability therefore is based on negligence or otherwise and whether in time of peace or war. The embarkation carriage and disembarkation of troops Any portion of loss or damage for which you have been released from liability Demurrage loss of time loss of freight loss of charter andor similar andor substituted expenses Loss damage or expense which may be recoverable under any other insurance inuring to your benefit except as to any excess over and above the amount recoverable thereunder Coliision liability tower s liability or liabilities insured against under the customary forms of hull or protection and indemnity policies arising out of the operation of any watercraft owned by or demise chartered to you or any affiliated or subsidiary concern or party Any liability arising out of or resulting from the infidelity misappropriation secretion conversion or other acts of dishonest character on your part your agent employees or subcontractors Loss of or damage to property owned rented leased or chartered to you or in your possession other than watercraft their equipment or cargo which are in your custody for the purpose of repair or alteration or utilized by you in your business as a ship repairer Any liability resulting from or arising out of unexplained loss or damage mysterious disappearance shortage or conversion of goods Claims for monies securities or documents Loss damage or expense arising or resulting from directly or indirectly the ownership or chartering or operation of such watercraft by you or any affiliated or subsidiary concern Loss of or damage to watercraft placed in your care custody or control for the purpose of storage regardless of whether any work is also to be performed on the watercraft provided that this exclusion shall not apply to any physical loss or damage to the watercraft otherwise covered under this policy resulting directly from repairs or alterations to said ML 011 ED. 997 Page 2 of 4 | 2 |
combatants or material of war or the placement of the watercraft in jeopardy as an act or measure of war taken in the actual process of a military engagement with or without your consent shall be considered a warlike act for the purposes of this policy. 4 The consequences of civil war revolution rebellion insurrection military or usurped power the imposition of martial law or civil strife arising therefrom or piracy or from any loss damage or expense caused by or resulting directly or indirectly from the act or acts of one or more persons whether or not agents of a sovereign power carried out for political or terrorist purposes and whether any loss damage or expense resulting therefrom is accidental or intentional. 5 Malicious acts or vandalism strikes lockouts political or labor disturbances civil commotions riots or the acts of any person or persons taking part in such occurrence or disorder q. The firing or testing of any weapon of war on the watercraft r. Any nuclear incident reaction radiation or any radioactive contamination whether controlled or uncontrolled and whether the loss damage liability or expense be approximately or remotely caused thereby or be in whole or in part caused by contributed to or aggravated by the risks and liabilities insured under this policy and whether based on your negligence or otherwise s. Any loss of or damage to watercraft occurring while in your care custody or control and otherwise covered under Insuring Agreement 1.a but not discovered within 6 months of the delivery of the watercraft to the owner or demise charterer or within 6 months after work is completed whichever first occurs t. Any loss damage cost liability expense fine or penalty 1 Which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants atany time ML 011 ED. 997 Page 2 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acid alkalis oil petroleum products chemicals and waste. Waste includes material to be recycled reconditioned or reclaimed. This exclusion however does not apply to sums paid or payable or your liability for the physical loss of the property discharged dispersed seeped migrated released or escaped provided that such sums or such liability are is covered elsewhere under the terms and conditions of this Coverage Form. u. Damages of the following types 1 Civil criminal administrative or other fines or penalties 2 Any portion of a judgment or award that represents a multiple of the compensatory amounts liquidated damages or punitive or exemplary damages 3 Equitable relief injunctive relief declarative relief or any other relief or recovery other than monetary amounts or 4 Judgments or awards because of acts deemed uninsurable by law. SECTION Il LIMITS OF INSURANCE 1. This Coverage Form is subject to the Limits of Insurance Condition of the COMMON CONDITIONS. Nothing contained in this Coverage Form shall increase those limits. Page 3 of 4 | 2 |
Subject to 1. above the Each Watercraft Limit is the most we will pay for damages under Ship Repairers Liability Coverage because of all loss or damage to each watercraft including its equipment cargo and other interests arising out of any one occurrence covered under Insuring Agreement 1.a. ML 011 ED. 997 Page 4 of 4 | 2 |
I Wharfingers Liability Coverage Form Declarations Policy No. ML 9783006 Limits of Insurance These limits are part of and not in addition to the Policy Limits shown on the Marine Services Liability Policy Declarations Premises at 9555 N.W. Highway N Kansas City MO 64153 Premium Advance Deposit Premium Included Included Page 1of 1 MLO16 ED.597 | 2 |
MARINE SERVICES LIABILITY POLICY WHARFINGERS 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 Coverage Form the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as Named Insured under this policy. The words we us and our refer to the company providing this insurance. Refer to DEFINITIONS in the COMMON CONDITIONS of the policy for words and phrases that have special meaning. Defense Costs as defined in this policy are included in the limit of this policy and are not in addition to those limits. SECTION WHARFINGERS LIABILITY COVERAGE 1. Insuring Agreement We will pay those sums in excess of the deductible that you as Wharfingers become legally obligated to pay as damages because of liabilites imposed upon you because of accidental a. Loss or damage to watercraft and equipment cargoes freights and other interests on board b. Loss or damage to any property caused by said watercraft and their cargoes while in your care custody or control at the premises described in the Declarations. We will have the right and duty to defend you against any suit seeking those damages. However we will have no duty to defend you against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result under a.or b.above. But 1 The amount we will pay for damages and defense costs is limited as described in LIMITS OF INSURANCE SECTION II and 2 Our right and duty to defend ends when we have used up the applicable limits of insurance. This insurance applies only if the loss or damage is caused by an occurrence that occurs during the policy period. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. Exclusions This insurance does not apply to a. Bodily injury personal injury advertising liability or medical expenses b. Any liability assumed under a contract or agreement. This exclusion does not apply to liability that you would have in the absence of the contract or agreement. c. Loss damage or expense arising in connection with work on any watercraft which has carried flammable or combustible liquid in bulk as fuel or cargo or any watercraft which has carried flammable compressed gas in bulk unless such work is done in accordance with the requirements of the rules and regulations of the National Fire Protection Association applicable to such work d. Any portion of loss or damage for which you have been released from liability. e. Demurrage loss of time loss of freight loss of charter andor similar andor substituted expenses 2. Exclusions This insurance does not apply to Bodily injury personal injury advertising liability or medical expenses Any liability assumed under a contract or agreement. This exclusion does not apply to liability that you would have in the absence of the contract or agreement. Loss damage or expense arising in connection with work on any watercraft which has carried flammable or combustible liquid in bulk as fuel or cargo or any watercraft which has carried flammable compressed gas in bulk unless such work is done in accordance with the requirements of the rules and regulations of the National Fire Protection Association applicable to such work Any portion of loss or damage for which you have been released from liability. Demurrage loss of time loss of freight loss of charter andor similar andor substituted expenses Page 1 of 3 ML 017 ED. 997 | 2 |
3 4 5 Hostilites or warlike operations whether there be a declaration of war or not but the phrase hostilities or warlike operations whether there be a declaration of war or not shall not exclude collision or contact with aircraft rockets or similar missiles or with any fixed or floating object stranding heavy weather fire or explosion unless caused directly independently of the nature of the voyage or service which the watercraft concerned or in the case of a collision any other watercraft involved therein is performing by a hostile act by or against a belligerent power for the purpose of the foregoing power includes any authority maintaining navy military or air forces in association with a power. In addition to the foregoing exclusions this insurance shall not cover any loss damage or expense to which a warlike act or the use of military or naval weapons is a contributing cause whether or not your liability therefore is based on negligence or otherwise and whether in time of peace or war. The embarkation carriage and disembarkation of troops combatants or material of war or the placement of the watercraft in jeopardy as an act or measure of war taken in the actual process of a military engagement with or without your consent shall be considered a warlike act for the purposes of this policy. The consequences of civil war revolution rebellion insurrection military or usurped power the imposition of martial law or civil strife arising therefrom or piracy or from any loss damage or expense caused by or resulting directly or indirectly from the act or acts of one or more persons whether or not agents of a sovereign power carried out for political or terrorist purposes and whether any loss damage or expense resulting therefrom is accidental or intentional. Malicious acts or vandalism strikes lockouts political or labor disturbances civil commotions riots or the acts of any person or persons taking part in such occurrence or disorder f. Loss damage or expense which may be recoverable under any other insurance inuring to your benefit except as to any excess over and above the amount recoverable thereunder Any liability arising from watercraft repair construction conversion or gas freeing Collision liability tower s liability or liabilities insured against under the customary forms of hull or protection and indemnity policies arising out of the operation of any watercraft owned by or demise chartered to you or any affiliated subsidiary concern or party Any liability arising out of or resulting from the infidelity misappropriation secretion conversion or other acts of dishonest character on your part your agent employees or subcontractors Loss of or damage to property owned rented leased or chartered to you or in your possession for storage or utilized by you or any affiiated or subsidiary concerned individual or party Any liability resulting from or arising out of unexplained loss or damage mysterious disappearance shortage or conversion of goods Claim for monies securities or documents Loss damage or expense arising or resulting from directly or indirectly the ownership chartering or operation of vessels by you or any affiliated or subsidiary concern Loss damage or expense caused by resulting from or incurred by 1 Capture seizure arrest taking restraint detainment confiscation preemption requisition or nationalization and the consequences thereof or any attempt thereat whether in time of peace or war and whether lawful or otherwise 2 Any weapon of war employing atomic or nuclear fission andor fusion or other reaction or radioactive force or matter or by any mine bomb or torpedo Page 2 of 3 ML 017 ED. 997 | 2 |
compensatory amounts liquidated damages or punitive or exemplary damages 3 Equitable relief injunctive relief declarative relief or any other relief or recovery other than monetary amounts or 4 Judgments or awards because of acts deemed uninsurable by law. The firing or testing of any weapon of war on the watercraft Any nuclear incident reaction radiation or any radioactive contamination whether controlled or uncontrolled and whether the loss damage liability or expense be approximately or remotely caused thereby or be in whole or in part caused by contributed to or aggravated by the risks and liabilities insured under this policy and whether based on your negligence or otherwise Any loss damage cost liability expense fine or penalty 1 Which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time 2 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants Pollutants means any solid liquid gaseous or thermal iritant or contaminant including smoke vapor soot fumes acid alkalis oil petroleum products chemicals and waste. Waste includes material to be recycled reconditioned or reclaimed. SECTION Il LIMITS OF INSURANCE 1 This Coverage Form is subject to the Limits of Insurance Condition of the COMMON CONDITIONS. Nothing contained in this Coverage Form shall increase those limits. r. Damages of the following types 1 Civil criminal administrative or other fines or penalties 2 Any portion of a judgment or award that represents a multiple of the ML 017 ED. 997 Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM The provisions of this endorsement apply only as respects Employee Benefit Liability Coverage afforded hereunder. Schedule Each Employee Limit Included any one person Note This limit is part of and not in addition to the Policy Limits shown on the Marine Services Liability Policy Declarations. 1 The amount we will pay for damages and defense costs is limited as described in SECTION IlI LIMITS OF INSURANCE of this endorsement and 2 Our right and duty to defend end when we have used up the applicable limit of insurance. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. This insurance applies only to negligent acts errors or omissions which 1 Take place in the coverage territory and 2 Occur during the policy period or 3 Occurred prior to the policy period where SECTION COVERAGES is amended to include the following EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of a negligent act error or omission of 1 The insured or 2 Any other person for whose acts the insured is legally liable if such act error or omission is committed in the administration of your employee benefit program. We will have the right and duty to defend any suit seeking those damages. We may at our discretion investigate any report of a negligent act error or omission and settle any claim or suit that may result. But ML 034 ED 1198 Page 1 of 5 | 2 |
included in the employee benefit program e. Claim or suit based upon 1 Failure of an investment to perform as represented by any insured or 2 Advice given to a person to participate or not participate in a plan included in the employee benefit program f. Loss arising out of your failure to comply with mandatory provisions of laws concerning 1 Workers Compensation 2 Unemployment Insurance 3 Social Security 4 Disability benefits or 5 Any similar law g. Loss arising out of liability of an insured as a fiduciary under 1 EMPLOYEE RETIREMENT INCOME SECURITY ACT of 1974 or 2 INTERNAL REVENUE CODE of 1986 including the INTERNAL REVENUE CODE of 1954 and their amendments. SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following 1. If you are designated in the Commercial General Liability Declarations as a. Anindividual you and your spouse are insureds but only with respect to a There is no other insurance which i is valid and collectibleor ii would be valid and collectible but for the exhaustion of the limits of insurance b The insured had no prior knowledge or could not reasonably have foreseen any circumstances which c The claim or suit is brought during the policy period and d The insured notifies us in writing. 2. Exclusions. This insurance does not apply to a. Loss arising out of a 1 Dishonest 2 Fraudulent 3 Criminal or 4 Malicious act error or omission committed by an insured SE b. Bodily injury property damage or de personal injury fol c. Loss arising out of failure of 1. performance of a contract by an insurer d. Loss arising out of insufficient funds to meet an obligation under a plan ML 034 ED 1198 Page 2 of 5 | 2 |
the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct or your business. c. An organization other than a partnership or joint venture you are an insured. Your directors and stockholders are also insureds but only with respect to their liability as your directors or stockholders. 2. Each of the following is also an insured a. Each of your partners executive officers and employees who is authorized to administer your employee benefit program. b. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this endorsement. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Commercial General Liability Declarations. Section Ill LIMITS OF INSURANCE in the Commercial General Liability Coverage Form is deleted in its entirety and replaced by the following 1. Limits of Insurance a. This endorsement is subject to the Limits of Insurance Condition of the COMMON CONDITIONS. Nothing contained in this endorsement shall increase those limits. ML 034 ED 1198 Page 3 of 5 b. The following changes are made to the General Conditions of the COMMON CONDITIONS 1 This following is added to Paragraph A.1. f. Acts errors or omissions which result in loss or g. Plans included in your employee benefit program. 2 The following is added to Paragraph A.2. e. Damages and defense costs because of acts errors or omissions committed in the administration of your employee benefit program under the Employee Benefits Liability Coverage Endorsement 3 The following is added to Paragraph A4.a. and 4 Damages and defense costs because of acts errors or omissions committed in the administration of your employee benefit program under the Employee Benefits Liability Coverage Endorsement c. Subject to 1.a. and b. above the Each Employee Limit is the most we will pay for all damages sustained by any one employee including the employee s dependents and beneficiaries and defense costs because of acts errors or | 2 |
of the claim or suit and 4 Assist us upon our request in the enforcement of any right against a person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply d. No insured will except at their own cost voluntarily 1 Make a payment 2 Assume an obligation or 3 Incur an expense without our consent. 2. Any Other Insurance condition is deleted in its entirety and replaced by the following Other Insurance. Except for a loss which is the result of a negligent act error or omission which occurred prior to the policy period if other valid and collectible insurance is available to the insured for a loss we cover under this endorsement our obligations are limited as follows a. Primary Insurance 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 b. below. b. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it omissions committed in the administration of your employee benefit program. SECTION IV CONDITIONS 1. Any Duties in the Event of Occurrence Claim or Suit condition is deleted in its entirety and replaced by the following Duties in the Event of Act Error Omission Claim or Suit. a. You must see to it that we are notified promptly in writing of an act error or omission which may result in aclaim. Notice should include 1 How when and where the act error or omission took place and 2 The names and addresses of injured persons and witnesses b. If the claim is made or suit is brought against an insured you must see to it that we receive prompt written notice of the claim or c. You and any other involved insured must 1 Immediately send us copies of any demands notices summons or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the a Investigation b Settlement or c Defense Page 4 of 5 ML 034 ED 1198 | 2 |
included in the employee benefit program Employee means your officers and employees whether actively employed disabled or retired. With respect to this endorsement Personal Injury is deleted in its entirety and replaced as follows Personal injury means injury other than bodily injury. arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful entry into or eviction of a person from a 1 Room 2 Dwelling or 3 Premises that the person occupies d. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organizations s goods products or services e. Oral or written publication of material that violates a person s right of privacy or f. Discrimination. 1 Has paid its applicable limit of insurance or 2 of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable Limit of Insurance to the total applicable Limits of Insurance of all insurers. SECTIONV DEFINITIONS The following definitions are added Employee benefit program means the following plans a. Group life insurance group accident or health insurance profit sharing plans pension plans and stock distribution plans provided that no one other than an employee may subscribe to such insurance or plans b. Unemployment insurance social security benefits workers compensation and disability benefits. Other similar plan designated in the Schedule or added by endorsement. Administration means a. Counseling employees including their dependents and beneficiaries with respect to the employee benefit program b. Handling records in connection with the employee benefit program or c. Effecting or terminating an employee s participation in a plan ML 034 ED 1198 Page 5 of 5 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MARINE SERVICES LIABILITY POLICY POLLUTION BUY BACK This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SHIP REPAIRER S LIABILITY COVERAGE FORM STEVEDORE S LIABILITY COVERAGE FORM TERMINAL OPERATOR S LIABILITY COVERAGE FORM WHARFINGER S LIABILITY COVERAGE FORM MARINA OPERATOR S LEGAL LIABILITY COVERAGE FORM 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acid alkalis oil petroleum products chemicals and waste. Waste includes material to be recycled reconditioned or reclaimed. B. With respect to the Ship Repairer s Liability Coverage Form Paragraph A. above does not apply to sums paid or payable or your liability for the physical loss of the property discharged dispersed seeped migrated released or escaped provided that such sums or such liability are is covered elsewhere in the Ship Repairer s Liability Page 1 of 2 The exclusion relating to pollution andor contamination is deleted and replaced by the following A. This insurance does not apply to 1. Any loss damage cost liability expense fine or penalty a Which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time b Any loss cost or expense arising out of any 1 Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or or ML 003 ED. 997 | 2 |
Coverage Form. The insurance provided by this Paragraph B. is not subject to the following Paragraphs C. and. Paragraph A. above shall not apply however provided that you establish that all of the following conditions have been met 1. Theoccurrence was neither expected nor intended by the insured. An occurrence shall not be considered unintended or unexpected unless caused by some intervening event neither foreseeable nor intended by the insured. 2. Theoccurrence can be identified as commencing at a specific time and date during the term of this policy. 3. Theoccurrence became known to the insured within seventy two 72 hours after its commencement. 4. The occurrence was reported in writing to us within thirty 30 days after having become known to the insured. 5. The occurrence did not result from the insured s intentional and willful violation of any government statute rule or regulation.. Paragraph A. does not apply to your reasonable mitigation or clean up costs that result from a pollution occurrence which meets the conditions in Paragraph C. above and to which this insurance applies. Clean up costs shall be defined as those expenses incurred as a direct result of the removal treatment detoxification or neutralization of pollutants or hazardous substances as legally mandated by governmental authority excluding however the cost of environmental impact studies. Such clean up expenses are part of and not in addition to the limits of insurance of this policy. E. Nothing contained in this endorsement shall operate to provide any coverage with respect to 1. Loss of damage to or loss of use of property directly or indirectly resulting from subsidence caused by your subsurface operations Removal of loss of or damage to subsurface oil gas or any other substance Fines penalties punitive damages exemplary damages treble damages or any other damages resulting from the multiplication of compensatory damages Any site or location used in whole or in part for the handling processing treatment storage disposal or dumping of any waste materials or substances or the transportation of any waste materials or substances Losses resulting from blowout andor cratering of any well Losses resulting from andor caused by watercraft which you own operate charter lease andor borrow or Losses arising out of or resulting from the hazardous properties of nuclear material as excluded in this policy. Page 2 of 2 ML 003 ED.997 | 2 |
G SIGNATURE PAGE ENDORSEMENT It is understood and agreed that the Policy is amended by the addition of the following IN WITNESS WHEREOF the Company has caused this Policy to be signed by its Chairman and Secretary at Chicago lllinois but the same shall not be binding upon the Company unless countersigned by a duly authorized representative of the Company. Chairman Secretary RN Ve ronl Qi Tk Page 1 of 1 CNA73729XX 5 13 CNA Al Rights Reserved | 2 |
Policy Number Producer Number Name and Address KINSALE INSURANCE COMPANY 2221 Edward Holland Drive Suite 600 Richmond Virginia 23230 COMMERCIAL GENERAL LIABILITY DECLARATIONS 0100020847 1 14101 R T Specialty Dallas TX Pk Ctrl 12404 Park Central Drive Suite 380 Dallas TX 75251 NAMED INSURED MAILING ADDRESS POLICY PERIOD Lake Allure Homeowners Association 20 Thomas Lakes Ashland NE 68003 FROM 06202015 TO 06202016 at 1201 AM at the address of the named insured as shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE Each Occurrence Limit 1000000 Damages to Premises Rented to You Limit 100000 Any one premises Medical Expense Limit Excluded Any one person Personal Advertising Injury Limit 1000000Any one person or organization General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit Excluded DESCRIPTION OF BUSINESS DESCRIPTION OF OPERATIONS Homeowners Association Association Risk Only Business Type Organization other than a partnership joint venture or limited liability company ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 1 1 Driftwood Ashland NE 68003 CLASSIFICATION AND PREMIUM CLASS CLASS DESCRIPTION BASIS OF EXPOSURE RATE PREMIUM CODE PREMIUM 68500.01 Townhouse Associations association per Unit 30 30.0000 900 risk only 40072.01 Beaches bathing not commercially per Beach 1 500.0000 500 operated 46671.01 Parks or Playgrounds per Park or Included Included Included Playground FLAT CHARGE TO EQUAL MINIMUM PREMIUM 100 TOTAL PREMIUM MINIMUM AND DEPOSIT 1500 COMPANY FEE 125 TOTAL PAYABLE AT INCEPTION 1625 POLICY SUBJECT TO AUDIT N AUDIT PERIOD Not Applicable CAS1000 0110 Includes Material Insurance Services Office Inc. 2000 Page 1 of 2 Policy Number Producer Number Name and Address AILING ADDRESS LICY PERIOD | 2 |
ENDORSEMENTS Refer to ADF4001 SCHEDULE OF FORMS THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Includes Material Insurance Services Office Inc. 2000 Page 2 of 2 CAS1000 0110 | 2 |
R T Specialty LLC License 392630 This policy is issued by a non admitted insurer and in the event of the insolvency of such insurer this policy will not be covered by the Nebraska Property and Liability Insurance Guaranty Association. RT Specialty License 392630 Premium 1500.00 Inspection Fee To Carrier 125.00 Surplus Lines Tax NE 48.75 TOTAL 1673.75 | 2 |
NOTICE WHERE TO REPORT A CLAIM It is important that you report claims or incidents if incident reporting is permitted under your policy in writing and directly to Kinsale Insurance Company. Reporting claims or incidents to your insurance agent or broker is not notice to Kinsale Insurance Company. Failure to report may jeopardize your coverage under the Policy. Our contact information is listed below. By E mail Newclaimnoticeskinsaleins.com By FAX 1 804 482 2762 Attention Claims Department or By Mail Kinsale Insurance Company Attention Claims Department P. 0. Box 17008 Richmond Virginia 23226 Street Address 2221 Edward Holland Drive Suite 600 Richmond Virginia 23230 Pagelof1 ADF9013 1011 | 2 |
SCHEDULE OF FORMS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Additional Premium Return Premium S0 0 CAS1000 0110 Commercial General Liability Declarations ADF9013 1011 Notice Where To Report A Claim ADF4001 0110 Schedule of Forms CG0001 1001 Commercial General Liability Coverage Form CAS2002 0110 Limitation of Coverage to Designated Project or Premises CAS2004 0110 Deductible Endorsement CAS2007 0110 Common Conditions Casualty AADF4002 0110 Basis of Premium CAS4018 0411 Minimum Policy Premium CAS4026 0211 Limitation Use or Display of Fireworks or Pyrotechnics ADF3006 0110 Exclusion Absolute Pollution and Pollution Related Liability With Hostile Fire Exception ADF3010 0110 Exclusion Nuclear Biological or Chemical Materials ADF3011 0115 Exclusion of Other Acts of Terrorism Committed Outside the United States Exclusion of Punitive Damages Related to a Certified Act of Terrorism Cap on Losses from Certified Acts of Terrorism CAS3009 0110 Exclusion Medical Payments CAS3011 0110 Exclusion New Entities Commercial General Liability CAS3013 0110 Exclusion Subsidence CAS3022 0110 Exclusion Prior Work Commercial General Liability CAS3031 0110 Exclusion Athletic Participants CAS3040 0110 Exclusion Employers Liability CAS3043 0113 Additional Policy Exclusions CAS3060 0110 Exclusion Injury to Independent Contractors CAS3066 0110 Exclusion Personal Flotation Device CAS3069 0110 Exclusion Construction Activities CAS3090 0110 Exclusion Playground Equipment CAS3098 0110 Exclusion Named Insured vs. Named Insured CAS3105 0413 Absolute Exclusion Motorized Vehicles CAS3108 0814 Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability General Liability CG0067 0305 Exclusion Violation of Statutes that Govern E mails Fax Phone Calls or Other Methods of Sending Material or Information G2104 1185 Exclusion Products Completed Operations Hazard CG2167 1204 Fungi or Bacteria Exclusion ADF9010 0115 Notice of Terrorism Insurance Coverage 1L0021 0908 Nuclear Energy Liability Exclusion Endorsement Broad Form ADF9004 0110 Signature Endorsement ADF9009 0110 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice to Policyholders ADF9031 0610 Nebraska Changes Cancellation and Non Renewal Page1of 1 ADF4001 0110 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011001 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named In sured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking dam ages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section 1l Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to bodily injury and prop erty damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage oc curs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An In sured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or proper ty damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodi ly injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any in sured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or re sumption of that bodily injury or property dam age after the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or P Y p y Injury property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodi ly injury or property damage has occurred or has begun to occur. IS0 Properties Inc. 2000 Page 10f 16 CG 00011001 | 0 |
e. Damages because of bodily injury include dam ages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agree ment. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an in sured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or proper ty damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a per son under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the busi ness of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Para graph 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occu pied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional in sured with respect to your ongoing op erations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing op erations if the pollutants are brought on or to the premises site or location in con nection with such operations by such in sured contractor or subcontractor. Howev er this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubri cants or other operating fluids which are needed to perform the normal elec trical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids es cape from a vehicle part designed to hold store or receive them. This excep tion does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lubri cants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcon tractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that build ing in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. IS0 Properties Inc. 2000 Page 3 of 16 CG 00011001 | 1 |
e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing op erations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollu tants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or as sessing the effects of pollutants. However this paragraph does not apply to lia bility for damages because of property dam age that the insured would have in the ab sence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmen tal authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or un loading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occur rence which caused the bodily injury or proper ty damage involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rent ed or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own orrent 2 Awatercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured contract for the ownership maintenance or use of air craft or watercraft or Bodily injury or property damage arising out of the operation of any of the equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. 4 s. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition in cident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you 63 Personal property in the care custody or con trol of the insured That particular part of real property on which you or any contractors or subcontractors work ing directly or indirectly on your behalf are per forming operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. s 6 Page 4 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance ap plies to Damage To Premises Rented To You as de scribed in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occu pied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured aris ing out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work af ter it has been put to its intended use. n. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense in curred by you or others for the loss of use with drawal recall inspection repair replacement ad justment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any per son or organization because of a known or sus pected defect deficiency inadequacy or dangerous condition in it. 0. Personal And Advertising Injury Bodily injury arising out of personal and adver tising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occu pied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this in surance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this in surance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. IS0 Properties Inc. 2000 Page 5 of 16 CG 00011001 | 1 |
No other obligation or liability to pay sums or per form acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publi cation took place before the beginning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the in sured has assumed liability in a contract or agree ment. This exclusion does not apply to liability for damages that the insured would have in the ab sence of the contract or agreement. f. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertise ment. g Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement.. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copyright trade dress or slogan. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or tele casting 63 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Para graphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcast ing publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Page 6 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
I. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s po tential customers. m. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollu tants at any time. n. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any insured or others test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the effects of pollu tants or 63 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage terri tory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as of ten as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an acci dent 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are paya ble or must be provided under a workers compen sation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. h. war Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. All expenses we incur. IS0 Properties Inc. 2000 Page 7 of 16 CG 00011001 | 1 |
b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Li ability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of in surance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or de fense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and be fore we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is n insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any de mands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordi nating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information relat ed to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and nec essary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Pay ments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and prop erty damage and will not reduce the limits of insur ance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation ex penses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. Page 8 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
SECTION Il WHO IS AN INSURED 1. 2. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the con duct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with re spect to the conduct of your business. Your man agers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an in sured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are al so insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your execu tive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited li ability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability com pany to a coemployee while in the course of his or her employment or per forming duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury de scribed in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property c a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volun teer worker or any organization while acting as your real estate manager. c. Any person or organization having proper tempo rary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been ap pointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any oth er person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equip ment and only if no other insurance of any kind is available to that person or organization for this liabil ity. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the em ployer of any person who is an insured under this provision. IS0 Properties Inc. 2000 Page 9 of 16 CG 00011001 | 1 |
4. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that or ganization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organi zation or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you ac quired or formed the organization and c. Coverage B does not apply to personal and adver tising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages be cause of bodily injury or property damage in cluded in the products completed operations haz ard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage in cluded in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or or ganization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of dam age by fire while rented to you or temporarily occu pied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical ex penses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply sepa rately to each consecutive annual period and to any re maining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insur ance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the in sured s estate will not relieve us of our obligations un der this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured per sons and witnesses and 3 The nature and location of any injury or dam age arising out of the occurrence or offense Page 10 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other in formation 3 Cooperate with us in the investigation or set tlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obliga tion or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Cov erage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an in sured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as fol lows a. Primary Insurance This insurance is primary except when b. below ap plies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. be low. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property dam age to premises rented to you or tempo rarily occupied by you with permission of the owner or If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section 1 Coverage A Bodily Injury And Property Damage Liability. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by at tachment of an endorsement. b d IS0 Properties Inc. 2000 Page 11 of 16 CG 00011001 | 1 |
When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this in surance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Un der this approach each insurer contributes equal amounts until it has paid its applicable limit of in surance or none of the loss remains whichever comes first. If any of the other insurance does not permit con tribution by equal shares we will contribute by lim its. Under this method each insurer s share is based on the ratio of its applicable limit of insur ance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the ex cess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may re quest.. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought.. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market seg ments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Page 12 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
3.Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territo ries and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar elec tronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrolla ble or breaks out from where it was intended to be. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient in adequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agree ment. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition opera tions on or within 50 feet of a railroad d. An obligation as required by ordinance to indem nify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement per taining to your business including an indemnifica tion of a municipality in connection with work per formed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any con tract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel un derpass or crossing 63 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or Under which the insured if an architect engi neer or surveyor assumes liability for an injury or damage arising out of the insured s render ing or failure to render professional services including those listed in 2 above and supervi sory inspection architectural or engineering activities. IS0 Properties Inc. 2000 Page 13 of 16 CG 00011001 | 1 |
10. 11. 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of proper ty a. After it is moved from the place where it is accept ed for movement into or onto an aircraft water craft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical de vice other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators includ ing spraying welding building cleaning geo physical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 13. 14. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered au tos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators includ ing spraying welding building cleaning geo physical exploration lighting and well servicing equipment. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions.. Personal and advertising injury means injury includ ing consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organi zation or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your ad vertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 14 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste in cludes materials to be recycled reconditioned or re claimed. 16. Products completed operations hazard a. b. 63 3 Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work ex cept 1 Products that are still in your physical posses sion or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the follow ing times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance cor rection repair or replacement but which is otherwise complete will be treated as com pleted. Does not include bodily injury or property dam age arising out of b c 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classifica tion listed in the Declarations or in a policy schedule states that products completed op erations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physical ly injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means infor mation facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data pro cessing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or per sonal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceed ing in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload con ditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties de termined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product a. Means 1 Any goods or products other than real proper ty manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. IS0 Properties Inc. 2000 Page 15 of 16 CG 00011001 | 1 |
b. Includes 1 Warranties or representations made at any time with respect to the fitness quality dura bility performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality dura bility performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 IS0 Properties Inc. 2000 CG 00011001 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PROJECT OR PREMISES Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Additional Premiui Return Premium. 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE SCHEDULE Premises 1 1 Driftwood Ashland NE 68003 Projects If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this policy This insurance applies only to bodily injury property damage and personal and advertising injury arising out of 1. The ownership maintenance or use of the premises shown in the Schedule above 2. The project shown in the Schedule above. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS2002 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT Named Insured Lake Allure Homeowners Association Effective Date of Endorsement 06202015 1201AM at the Named Insured address shown on the Declarations Return Prem S0 Attached To and Forming Part of Policy 0100020847 1 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE SCHEDULE COVERAGE AMOUNT AND BASIS OF DEDUCTIBLE PER CLAIM AMOUNT AND BASIS OF DEDUCTIBLE PER OCCURRENCE Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability combined 1000 APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury property damage or personal and advertising injury however caused A. Our obligation under the Bodily Injury Liability Property Damage Liability Personal and Advertising Injury or any other coverages provided by this policy to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. The deductible amounts stated above will include all loss payments adjusting investigative and legal fees and costs and all other direct costs related to the investigation defense and settlement of a claim or suit regardless of whether or not any loss payment is made. B. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the Coverage and to the Basis of the Deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage c. Under Personal and Advertising Injury Liability to all damages sustained by any one person or organization because of personal and advertising injury liability Page 1 of 2 CAS2004 0110 | 2 |
d. Under Bodily Injury Liability andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability combined to all damages injury and medical expenses sustained by any one person or organization as the result of any one occurrence or offense. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage c. Under Personal and Advertising Injury Liability to all damages because of personal and advertising injury liability d. Under Bodily Injury Liability andor Property Damage Liability Coverage andor Personal and Advertising Injury Liability combined to all damages injury and medical expenses as the result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense. The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or the entire deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 2 of 2 CAS2004 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON CONDITIONS CASUALTY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Insured address shown on the Declarations al Premium Return Prem 0 S0 Lake Allure Homeowners Association Addi This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE This insurance is amended by adding the following provisions CANCELLATION a. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if we cancel for non payment of premium or 2 Thirty 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the first named insured any refund due subject to the minimum earned premium provisions of the policy. If we cancel for reasons other than non payment of premium the refund will be pro rata. If we cancel due to non payment of premium or if the first named insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be sufficient proof of notice. o NON RENEWAL the When We Do Not Renew Condition of the policy is deleted and replaced with the following a. If we elect not to renew this policy we shall mail written notice to the first named insured at the address shown in the declarations. Such written notice of non renewal shall be mailed at least thirty 30 days prior to the end of the policy period. b. If notice is mailed proof of mailing will be sufficient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. TERMS CONDITIONS AND PREMIUMS The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. On each renewal continuation or anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium and may amend the terms and conditions of the policy in accordance with the rates and rules then in effect. Page 1of 3 CAS2007 0110 | 2 |
EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. SERVICE OF SUIT In the event of the failure of the Company to pay any amount claimed to be due under this Policy the Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America or Canada. All matters arising under this Policy shall be determined in accordance with the choice of law rules of such court. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company s rights to commence an action in any Court of competent jurisdiction in the United States to remove an action to a United States District Court or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. Service of process in any such suit may be made upon the President and Chief Executive Officer of the Company or his designee at the address shown on the Declarations of this Policy. In any suit instituted upon this contract and against the President and Chief Executive Officer of the Company or his designee the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The President and Chief Executive Officer of the Company or his designee are authorized and directed to accept service of process. Pursuant to any statute of any state territory or district of the United States of America the Company designates the Superintendent Commissioner or Director of Insurance or other officer specified for the purpose in the statute or his successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of the insured or any beneficiary under this Policy arising out of this contract of insurance. The Company designates the above named as the person to whom said officer is authorized to mail such process or a true copy of such process. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US the Transfer Of Rights Of Recovery Against Others To Us Condition of the policy is deleted and replaced with the following If any person or organization to or for whom we make payment under this Policy has rights to recover damages from another those rights are transferred to us. That person or organization must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. LEGAL ACTION AGAINST US the Legal Action Against Us Condition of the policy is deleted and replaced with the following No one may bring a legal action against us under this Policy unless there has been full compliance with all of the terms of this Policy. No suit action or proceeding for the recovery of any claim under this policy shall be sustainable in any court of law or equity unless it is commenced within twelve 12 months next after discovery by the insured of the occurrence which gives rise to the claim provided however that if by the laws of the state within which this Policy is issued such limitation is invalid then any such claims shall be void unless such action suit or proceeding is commenced within the shortest limit of time permitted by the laws of such state. We will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limit of Insurance. Page 2 of 3 CAS2007 0110 | 2 |
BINDING ARBITRATION All disputes over coverage or any rights afforded under this policy including whether an entity or person is a named insured an insured an additional insured or entitled to coverage under the Supplementary Payments provisions of this policy or the effect of any applicable statutes or common law upon the contractual obligations owed shall be submitted to binding arbitration which shall be the sole and exclusive means to resolve the dispute. Either party may initiate the binding arbitration. The arbitration forum and process shall be agreed to by the parties. In the event the parties can not agree on an arbitration forum and process the matter shall be submitted to the American Arbitration Association. The Arbitration shall be before a panel of three arbitrators unless the parties agree to one arbitrator all of whom shall have experience in insurance coverage of the type afforded by this policy. If the parties select a panel of three arbitrators each party shall select an arbitrator and the chosen arbitrators shall select a third arbitrator. The American Arbitration Association shall decide any disputes concerning the selection of the Arbitrators. The potential arbitrators from which the arbitrators shall be selected shall not be confined to those provided by the American Arbitration Association. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and arbitration process. In the event of a single arbitrator the cost shall be shared equally by the parties. The decision of the arbitration is final and binding on the parties. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 3 of 3 CAS2007 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BASIS OF PREMIUM Named Insured Lake Allure Homeowners Association Attached To and Forming Part of Policy 0100020847 1 Effective Date of Endorsement 06202015 1201AM at the Named Insured address shown on the Declarations Return Pre 0 The basis used for determining the premium charge for each classification is indicated in the Classification and Premium section of the Declarations. The definition of each basis of premium is as follows A. Acres The total amount of acreage at the insured premises. The rates apply per acre. B. Admissions The total number of persons other than employees of the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per 1000 admissions. C. Area The total number of square feet of floor space at the insured premises computed as follows 1. For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following Courts and mezzanine types of floor openings. b. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 2. For tenants determine the area they occupy in the same manner as for entire buildings. 3. The rates apply per 1000 square feet of area. D. Each This basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the classification footnotes such as per person. Page 1 of 5 ADF4002 0110 | 2 |
E. Flat Charge A fixed non variable amount. F. Gross Sales 1. Definition The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for All goods or products sold or distributed Operations performed during the policy period Rentals and Dues or fees. an oo 2. Inclusions The following items shall not be deducted from gross sales Foreign exchange discounts Freight allowance to customers Total sales of consigned goods and warehouse receipts Trade or cash discounts Bad debts and Repossession of items sold on installments amount actually collected. epopow 3. Exclusions The following items shall be deducted from gross sales a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. Allowances for damaged and spoiled goods c. Finance charges for items sold on installments d. Freight charges on sales if freight is charged as a separate item on customers invoice e. Royalty income from patent rights or copyrights which are not product sales and f. Rental receipts for products liability coverage only. 4. Application The rates apply per 1000 of Gross Sales. G. Payroll 1. Definition a. Payroll means remuneration. b. Remuneration means money or substitutes for money. Page 2 of 5 ADF4002 0110 | 2 |
Inclusions Payroll includes the following items o. Popow Commissions Bonuses Extra pay for overtime work except as provided in Paragraph E.4. Pay for holidays vacations or periods of sickness Payment by an employer of amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as the Federal Social Security Act Payment to employees on any basis other than time worked such as piecework profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations The value of lodging other than an apartment or house received by employees as part of their pay to the extent shown in the insured s records The value of meals received by employees as part of their pay to the extent shown in the insured s records The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment The payroll of executive officers of a corporation and individual insureds and co partners. For the purposes of payroll determination managers of limited liability companies shall be considered executive officers and members of limited liability companies shall be considered co partners The executive officers of a corporation are those persons holding any of the officer positions created by the named insured s charter constitution or by laws or any other similar governing document. The payroll of all executive officers of a corporation and individual insureds or co partners engaged principally in clerical operations or as salespersons and officers and co partners who are inactive for the entire policy period shall not be included for premium purposes. For part time or seasonal businesses the payroll amounts may be reduced by 2 percent for each full calendar week in excess of twelve during which the risk performs no operations. The payroll of leased workers furnished to the named insured by a labor leasing firm. Premium on such payroll shall be based on the classifications and rates which would have applied if the leased workers had been the direct employees of the named insured. If payroll is unavailable use 100 of the total cost of the contract for leased workers as the payroll of leased workers. The premium shall be charged on that amount as payroll If investigation of a specific employee leasing contract discloses that a definite amount of the contract price represents payroll such amount shall be considered payroll for premium computation purposes. Fees paid to employment agencies for temporary personnel provided to the insured. Page 3 of 5 ADF4002 0110 | 2 |
Exclusions Tips and other gratuities received by employees b. Payments by an employer to group insurance or group pension plans for employees other than payments covered by Paragraph E.2. The value of special rewards for individual invention or discovery d. Dismissal or severance payments except for time worked or accrued vacation e. The payroll of clerical office employees Clerical office employees are those employees who work in an area which is physically separated by walls floors or partitions from all other work areas of the insured and whose duties are strictly limited to keeping the insured s books or records or conducting correspondence including any other employees engaged in clerical work in the same area. f. The payroll of salespersons collectors or messengers who work principally away from the insured s premises. Salespersons collectors or messengers are those employees engaged principally in any such duties away from the premises of the employer This term does not apply to any employee whose duties include the delivery of any merchandise handled treated or sold. g. The payroll of drivers and their helpers if their principal duties are to work on or in connection with automobiles h. The payroll of aircraft pilots or co pilots if their principal duties are to work on or in connection with aircraft in either capacity and i. The payroll of draftsmen if their duties are limited to office work only and who are engaged strictly as draftsmen in such a manner that they are not exposed to the operative hazards of the business. The payroll of these draftsmen shall be assigned to the classification Draftsmen Code 91805. o Overtime a. Definition Overtime means those hours worked for which there is an increase in the rate of pay 1 For work in any day or in any week in excess of the number of hours normally worked or 2 For hours worked in excess of 8 hours in any day or 40 hours in any week or 3 For work on Saturdays Sundays or Holidays. In the case of guaranteed wage agreements overtime means only those hours worked in excess of the number specified in such agreement. b. Exclusion of Overtime Payroll The extra pay for overtime shall be excluded from the payroll on which premium is computed as indicated in 1 or 2 provided the insured s books and records are maintained to show overtime pay separately by employee and in summary by classification. 1 If the records show separately the extra pay earned for overtime the entire extra pay shall be excluded. If the records show the total pay earned for overtime regular pay plus overtime pay in one combined amount 13 of this total pay shall be excluded. If double time is paid for overtime and the total pay for such overtime is recorded separately 12 of the total pay for double time shall be excluded. Exclusion of overtime pay does not apply to payroll assigned to the Stevedoring classifications. 2 Page 4 of 5 ADF4002 0110 | 2 |
5. Application The rates apply per 1000 of payroll. H. Total Cost The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work however do not include the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of Total Cost. I Units A single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 5 of 5 ADF4002 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE SCHEDULE Minimum and Deposit Premium 100 Percentage of Minimum Premium retained 25 This endorsement sets forth the minimum earned premium for this policy. The minimum earned premium for this policy is calculated as follows 1 The minimum and deposit premium for this policy is shown in item A. of the Schedule above and is a percentage of the total policy premium shown on the Declarations page of the policy plus any premium adjustments by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum and deposit premium described in paragraph 1. above. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than the percentage that is shown in item B. of the Schedule above of the minimum and deposit premium described in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than the percentage that is shown in item B. of the Schedule above of the minimum and deposit premium described in paragraph 1. above. If the Company cancels the policy for any reason other than nonpayment of premium then the insured will be returned the full amount of the unearned premium as determined by premium audit and without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4018 0411 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION USE OR DISPLAY OF FIREWORKS OR PYROTECHNICS Attached To and Forming Part of Policy 0100020847 1 Effective Date of Endorsement 06202015 1201AM at the Named Insured address shown on the Declarations Named Insured Lake Allure Homeowners Association Additional Premium 0 Return Premium S0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE The following exclusion is added to this policy This insurance does not apply to any claim or suit for bodily injury property damage or personal and advertising injury arising out of related to or in any way involving any use or display of fireworks pyrotechnics or pyrotechnic devices except that this exclusion shall not apply to such use or display of fireworks pyrotechnics or pyrotechnic devices at your event when all of the following conditions have been met 1. The entity or person using or displaying the fireworks pyrotechnics or pyrotechnic devices is a pyrotechnician having all required licenses or permits in place at the time of the event and has in effect at the time of the event liability insurance covering such fireworks pyrotechnics or pyrotechnic device display that a. is issued by an insurer having an A.M. Best Financial Strength Rating of A Excellent or better and a Financial Size Category of VIl or higher and b. has limits of insurance equal to or greater than 1000000 for each occurrence and c. names you as an additional insured on such insurance and 2. There is a written contract in effect at the time of the event between you and the entity or person using or displaying the fireworks pyrotechnics or pyrotechnic devices containing a hold harmless agreement indemnifying you against any losses arising from the use or display of fireworks pyrotechnics or pyrotechnic devices by you or on your behalf by such entity or person. The following is added to the DEFINITIONS Section of this policy Pyrotechnician means anyone who works with or is responsible for the safe storage handling and functioning of fireworks pyrotechnics pyrotechnic devices or explosive materials and includes anyone who directs or supervises others in such activities. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS4026 0211 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY WITH HOSTILE FIRE EXCEPTION Attached To and Forming Part of Policy 0100020847 1 Effective Date of Endorsement 06202015 1201AM at the Named Insured address shown on the Declarations Named Insured Lake Allure Homeowners Association Additional Premium 0 Return Premium S0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS The following exclusions are added to this policy. If the policy already includes a pollution exclusion or a pollution related exclusion such exclusions is are deleted and replaced with the following 1. This insurance does not apply to any claim or suit for bodily injury property damage personal and advertising injury or other injury or damage arising directly or indirectly out of related to or in any way involving Pollution environmental impairment contamination or any expenses or any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising out of or alleged to have arisen out of same. All liability and expense arising out of or related to any form of pollution whether intentional or otherwise and whether or not any resulting injury damage devaluation cost or expense is expected by any insured or any person or entity is excluded throughout this policy. This insurance does not apply to any damages claim or suit arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants including but not limited to any a. Bodily injury personal and advertising injury property damage or other injury or damages for the devaluation of property or for taking use or acquisition or interference with the rights of others in or on property or air space or any other type injury or expense or b. Any loss cost expense fines andor penalties arising out of any i request demand order governmental authority or directive that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess same the effects of pollutants environmental impairments contaminants or ii any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual alleged or threatened discharge dispersal seepage migration release escape or placement of pollutants environmental impairments or contaminants into or upon land premises buildings the atmosphere any water course body of water aquifer or ground water whether sudden accidental or gradual in nature or not and regardless of when. These exclusions apply regardless of whether 1. Injury or damage claimed is included within the products completed operations hazard of the policy or Page 1 of 2 ADF3006 0110 | 2 |
2. Analleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. These exclusions do not apply to bodily injury personal and advertising injury property damage or other injury or damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire originated 1. Atany premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or 2. Atany premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. The following definition is added to the policy. If the policy already includes a definition of pollutants such definition is deleted and replaced with the following Pollutants means any solid liquid gaseous fuel lubricant thermal acoustic electrical or magnetic irritant or contaminant including but not limited to smoke vapor soot fumes fibers radiation acid alkalis petroleums chemicals or waste. Waste includes medical waste biological infectants and all other materials to be disposed of recycled stored reconditioned or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page 2 of 2 ADF3006 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NUCLEAR BIOLOGICAL OR CHEMICAL MATERIALS Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Additional Premium Return Premiu 0 0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS This insurance does not apply to any loss injury claim or damage arising directly or indirectly out of or relating to any activity by an individual acting alone or individuals acting as part of a group that involves any violent act including the threat of any activity or preparation for any activity that involves the use release dispersal discharge escape or application of a. Nuclear materials or directly results in nuclear reaction or radiation or radioactive contamination or b. Pathogenic or poisonous biological or chemical materials. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 ADF3010 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Additional Premium Return Premium S0 S0 This endorsement modifies insurance provided under the following ALL COVERAGE FORMS A.The following exclusions are added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. Includes Material Insurance Services Office Inc. 2015 Page 1 of 2 ADF3011 0115 | 2 |
B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Policy to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury personal injury injury or environmental damage as may be defined in any applicable Policy. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. Theactis a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Policy. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Includes Material Insurance Services Office Inc. 2015 Page 2 of 2 ADF3011 0115 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION MEDICAL PAYMENTS Named Insured Lake Allure Homeowners Association Effective Date of Endorsement 06202015 1201AM at the Named Insured address shown on the Declarations Return Prem S0 Attached To and Forming Part of Policy 0100020847 1 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE SECTION COVERAGES COVERAGE C MEDICAL PAYMENTS and all references to it are deleted in their entirety and not replaced. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS3009 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES COMMERCIAL GENERAL LIABILITY Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations nal Premium Return Prem 0 0 Addi This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE SECTION Il WHO IS AN INSURED item 4. Is deleted in its entirety. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS3011 0110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SUBSIDENCE Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100020847 1 06202015 1201AM at the Named Lake Allure Homeowners Association Insured address shown on the Declarations Addi al Premium Return Premi 0 0 This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATION LIABILITY COVERAGE The following exclusion is added to this policy This insurance does not apply to any claim or suit for bodily injury property damage or personal and advertising injury arising out of related to or in any way involving subsidence. The following is added to the DEFINITIONS section of this policy Subsidence means any settling sinking slipping falling away caving in shifting eroding mud flow rising tilting bulging cracking shrinking or expansion of foundations soils walls roofs floors or ceilings or any movement of land or earth. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. Page1of 1 CAS3013 0110 | 2 |
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