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COVERAGE C MEDICAL PAYMENTS d. 1. Insuring Agreement a. We will pay medical expenses as described Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are below for bodily injury caused by an accident 1 On premises you own or rent payable or must be provided under a workers compensation or disability benefits law or a similar law. 2 On ways next to premises you own or rent e. Athletics Activities or. To a person injured while practicing instructing 3 Because of your operations or participating in any physical exercises or provided that games sports or athletic contests. a The accident takes place in the coverage f. Products Completed Operations Hazard territory and during the policy period Included within the products completed b The expenses are incurred and reported operations hazard. to us within one year of the date of the g. Coverage A Exclusions accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend These payments will not exceed the applicable a. All expenses we incur. limit of fns.urance. We will pay reasonable b. Up to 250 for cost of bail bonds required expenses for because of accidents or traffic law violations 1 First aid administered at the time of an arising out of the use of any vehicle to which the accident Bodily Injury Liability Coverage applies. We do 2 Necessary medical surgical X ray and dental not have to furnish these bonds. services including prosthetic devices and c. The cost of bonds to release attachments but 3 Necessary ambulance hospital professional OIY for bond amounts within the appllqabe limit nursing and funeral services. glljr gssurance. We do not have to furnish these 2. Exclusions N T d. All reasonable expenses incurred by the insured We will not pay expenses for bodily injury at our request to assist us in the investigation or a. Any Insured defense of the claim or suit including actual To any insured except volunteer workers. I955 of earnings up to 250 a day because of Hired Pe time off from work. Hire rson. e. All court costs taxed against the insured in the To a person hired to do work for or on behalf of suit. However these payments do not include any insured or a tenant of any insured. attorneys fees or attorneys expenses taxed. Injury On Normally Occupied Premises against the insured. To a person injured on that part of premises you f. Prejudgment interest awarded against the own or that the occupies. rent person normally 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. as described an accident u own or rent 1 the coverage icy period 1 and roannrtad Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. lit and the information rence are such that no etween the interests of sts of the indemnitee e insured ask us to the defense of that suit and agree that we ounsel to defend the e and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. 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 executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. 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 and advertising injury arising out of an offense committed before you acquired or formed the organization. damages with or repay someone elsg vhc No person or organization is an insured with respect to must pay damages because of the injury the conduct of any current or past partnership joint described in Paragraph 1a or b venture or limited liability company that is not shown as above or a Named Insured in the Declarations. d Arising out of his or her providing or SECTION lIl LIMITS OF INSURANCE falling to provide professional health care 1. The Limits of Insurance shown in the Declarations services. and the rules below fix the most we wil pay 2 Property damage to property regardless of the number of a Owned occupied or used by a. Insureds 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 for the sum of partnership or joint venture or any member if you are a limited liability company. a. Medical expenses under Coverage C b. Any person other than your employee or b. Damages under Coverage A except damages volunteer worker or any organization while because of bodily injury or property damage acting as your real estate manager. included in the products completed operations hazard and c. Damages under Coverage B. b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
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 included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage Aand b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis 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 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 2. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. AL VPR LY cts completed Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will s because of while rented while rented y you with e last preceding period for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work ii That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton I Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other 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. b. Premium shown 3 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 a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 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. 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. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against 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. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. Hostile fire However auto does not include mobile equipment.. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph 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 Paragraph a. above 2 The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to.. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. Wiy Gdeeiylivid it e lamed Insured this vere the only Named gainst whom claim is Against Others To ver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. 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 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 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for 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. 2 b 10. 1 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 property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following ty pes 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 Paragraph 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 geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. agreement except in ruction or demolition feet of a railroad ired by ordinance to except in connection ty SN rearant s Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
1 14. 1 3. o However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. 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 committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. the 16. 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. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 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. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted chassis and used to and mps and generators welding building exploration lighting oment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses nprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or aee a pereon s or. TR dam or r wort 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages 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. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 18. 19. a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or 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 durability performance or use of your work and 2 The providing of or warnings or instructions. failure to provide failure to provide Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Z ZURICH Additional Insured Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Name of Organization Port Authority of New York and New Jersey e A ort Authority of New York and New Jersey A. Paragraph 2. of Section Il Who Is An Insured is amended to include as an insured the organization shown in the Schedule of this endorsement but only with respect to liability for bodily injury or property damage arising out of either ongoing operations performed by you or on your behalf for that insured or arising out of your product or your work included in the products completed operations hazard. B. No organization shown in the Schedule of this endorsement is an insured for bodily injury or property damage arising out of its sole negligence. C. In accordance with Chapter 301 Laws of New York we will not without obtaining express written advance permission from the General Counsel of the Port Authority of New York and New Jersey raise any defense involving in any way the jurisdiction of the tribunal over the person of the Port Authority of New York and New Jersey the immunity of the Port Authority of New York and New Jersey its Commissioners officers agents or employees the governmental nature of the Port Authority of New York and New Jersey or the provisions of any statutes respecting suits against the Port Authority of New York and New Jersey. All other terms and conditions of this policy remain unchanged. U GL1114 A CW 10 02 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Contractors Liability Supplemental Coverages And Conditions Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddL. Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part NON OWNED WATERCRAFT SCHEDULE Watercraft Length feet If no amount is shown above 51 feet applies. A. Non owned Watercraft Liability Extended Coverage Paragraph 2 of Exclusion 2.g. Aircraft Auto Or Watercraft under Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2 A watercraft you do not own that is a Less than the length shown in the Non Owned Watercraft Schedule of this endorsement and b Not being used to carry persons or property for a charge B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section Ill Limits Of Insurance. 2. The paragraph directly following Paragraph 6 in Exclusion j. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage to premises other than damage by specific perils including property damage to the contents of such premises rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section Ill Limits Of Insurance. 3. Paragraph 6. of Section lll Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by one or more specific perils to any one premises while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the insured contract definition under the Definitions Section is replaced by the following Fae U GL1060 E CW 0413 Page 10f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 specific perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract Paragraph ii under Paragraph 4.b.1 of the Other Insurance Condition under Section IV Commercial General Liability Conditions is replaced by the following i That is property insurance providing coverage for specific perils for premises rented to you or temporarily occupied by you with permission of the owner The following definitions are added to the Definitions Section Specific perils means fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet or water damage. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured Lessor Of Leased Equipment Automatic Status When Required In Lease Agreement With You 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations from whom you lease equipment when you and such persons or organizations have agreed in a written contract or written agreement that such persons or organizations be added as an additional insured on your policy. Such persons or organizations is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of Insurance shown in the Declarations. D. Additional Insured Managers Or Lessors Of Premises 1. Section Il Who Is An Insured is amended to include as an additional insured any persons or organizations that you have agreed in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership maintenance or use of that part of premises leased to you and subject to the following additional exclusions This insurance does not apply to a. Any occurrence which takes place after you cease to be a tenant in that premises. b. Structural alterations new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and U GL1060 E CW 0413 Page 2 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured State Or Governmental Agency Or subdivision Or Political Subd Authorizations 1. Section Il Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute ordinance or regulation to name as an additional insured subject to the following provisions a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. n Permits Or b. This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of operations performed for the federal government state or municipality or 2 Bodily injury or property damage included within the products completed operations hazard. However the insurance afforded to such additional insured a. Only applies to the extent permitted by law and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds the following is added to Section Ill Limits of Insurance The most we will pay on behalf of the additional insured is the amount of insurance a. Required by the written contract or written agreement you have entered into with the additional insured or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage Assumed Under Contract Or Agreement 1. Exclusion e. of Section Coverage B Personal And Advertising Injury Liability is replaced by the following 2. Exclusions This insurance does not apply to e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 1 Liability for damages that the insured would have in the absence of the contract or agreement or 2 Liability for personal and advertising injury if U GL1060 E CW 0413 Page 3 0f 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a The liability pertains to your business and is assumed in a contract or agreement that is an insured contract and b The personal and advertising injury occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i Liability to such party for or for the cost of that party s defense has also been assumed in the same contract or agreement and i 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. 2. For purposes of this personal and advertising injury coverage only Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments Coverages A and B are replaced by the following d. The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for bodily injury property damage or personal and advertising injury and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.1 through f.3 of the insured contract definition under the Definitions Section is replaced by the following f. 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 to pay for bodily injury property damage or personal and advertising injury 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 property damage or personal and advertising injury arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or 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 3 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 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization that does advertising publishing broadcasting or telecasting for you or on your behalf or 5 That indemnifies a labor leasing firm for bodily injury to leased workers. U GL1060 E CW 0413 Page 4 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
H. Medical Payments Increased Reporting Period Paragraph a. of Section Coverage C Medical Payments is replaced by the following 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 a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within three years of the date of the accident and c The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. I. Broad Bail Bond Coverage Paragraph 1.b. under Supplementary Payments Coverages A And B is replaced by the following b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment Duties In The Event of Occurrence Offense Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions Notice of an occurrence or of an offense which may result in a claim under this insurance or notice of a claim or suit shall be given to us as soon as practicable after knowledge of the occurrence offense claim or suit has been reported to your officer manager partner or an employee authorized by you to give or receive such notice. Knowledge by employees other than your officer manager partner or employee authorized by you to give or receive such notice of an occurrence offense claim or suit does not imply that you also have such knowledge. In the event that an insured reports an occurrence to your workers compensation carrier and this occurrence later develops into a General Liability claim covered by this Coverage Part the insured s failure to report such occurrence to us at the time of the occurrence shall not be deemed to be a violation of this Condition. You must however give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV Commercial General Liability Conditions is replaced by the following 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally 1 Fail to disclose all hazards existing at the inception of this policy or 2 Make an error omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The bodily injury definition under the Definitions Section is replaced by the following U GL1060 E CW 0413 Page 5 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease.. Two Or More Of Our Coverage Parts Policies The following is added to Section Ill Limits of Insurance 1. Subject to Paragraph 2. or 3. above whichever applies if this Coverage Part and any other Commercial General Liability Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same occurrence only the highest available Each Occurrence Limit under any such Coverage Part or policy applies to such occurrence. Subject to Paragraph 2. above if this Coverage Part and any other Coverage Part or policy providing Commercial General Liability insurance issued to you by us or any other Zurich underwriting company affiliated with us apply to the same offense only the highest available Personal And Advertising Injury Limit under any such Coverage Part or policy applies to such offense. Under this Coverage Part and all other Zurich underwriting company Coverage Parts or policies to which Paragraphs 1. and 2. above combined apply the most we will pay for all injury or damage because of bodily injury or property damage occurrences personal and advertising injury offenses and medical expenses is a. The single highest Coverage Part or policy General Aggregate Limit or b. The single highest Coverage Part or policy Products Completed Operations Aggregate Limit whichever applies whether such occurrence offenses or medical expenses are covered by one or more than one Zurich underwriting company policy. Any existing provisions under Paragraph 4. Other Insurance under Section IV Commercial General Liability Conditions that may be contrary to the provisions of this endorsement are amended to comply with the changes in coverage as stipulated in Paragraphs 1. 2. and 3. above. This provision does not apply to any Coverage Part or policy issued by us or any other Zurich underwriting company affiliated with us specifically to apply as excess insurance over this Coverage Part.. Your Work Redefined Paragraph a.1 of the your work definition under the Definitions Section is replaced by the following 22. Your work a. Means 1 Work or operations performed by you or on your behalf but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations which terminated or ended prior to the effective date of this policy and All other terms and conditions of this policy remain unchanged. U GL1060 E CW 0413 Page 6 of 6 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungi Or Bacteria Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. costs or expenses arising out of the abating 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 bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U GL1171 AC W 0703 Page I of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL Named Insured ENGINEERING THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Address including ZIP Code AUTOMATION DESIGN INC. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement. However the insurance afforded to such additional insured 1. Only applies to the extent permitted by law and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following additional exclusion applies This insurance does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional architectural engineering or surveying services including a. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or the failure to render any professional architectural engineering or surveying services. U GL1175 F CW 0413 Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
C. The following is added to Paragraph 2. Duties In The Event Of Occurrence Offense Claim Or Suit of Section IV Commercial General Liability Conditions The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and 3. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. D. For the purposes of the coverage provided by this endorsement 1. The following is added to the Other Insurance Condition of Section IV Commercial General Liability Conditions Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured under such other insurance and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement the following is added to Section Il Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U GL1175 F CW 0413 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem Return Prem. GLO 3234490 02 01012021 01 01 2022 28832000 INCL Address including ZIP Code 3635 S. 149TH ST. OMAHA NE 68144 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured ENGINEERING AUTOMATION DESIGN INC. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE Description and Location of Operations If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. U GL1294 A CW 1006 Page 10f 2 | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. C. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS paragraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other basis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. 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 may apply and that was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U GL1294 A CW 1006 Page20f 2 | 2 |
Z ZURICH Lead Liability Exclusion Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 2 3 Bodily injury property damage or personal and advertising injury arising out of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replacement or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at any time airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any sequence to the injury or damage. Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other material product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or substance containing lead or in any way responding to or assessing the effects of lead in any form. Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page I of 1 | 2 |
Asbestos Exclusion Endorsement Policy No. EIf. Date of Pol. Exp. Date of Pol. EIf. Date of End. Producer Addl Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. C. Any other loss cost or expense ari Bodily injury property damage or personal and advertising injury arising out of or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or g out of or relating in any way to asbestos. U GL1178 A CW 0703 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Premium And Reports Agreement Composite Rated Policies This endorsement modifi THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. insurance provided under any of the following Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure Gross sales Area Gallons Each Rooms General Liability Payroll Admissions Units Rounds played Total Cost Total Operating Expenditures Occupied rooms Licensed Autos Workers Compensation Payroll Other Coverage Description Unit of Exposure Rates Estimated Premiums Add more rows as required 3. Deposit Premium 4. Minimum Premium Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit a. e We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Schedule above or attached hereto. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due. Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned premium will not be less than the Minimum Premium as shown in the Schedule. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request. The units of exposure shown in the Schedule are defined as follows 1. Admissions means the total number of persons other than employees of the named insured admitted to events conducted on the insured premises whether on paid admissions tickets complimentary tickets or passes. 2. Gallons means the total number of gallons of liquefied petroleum gasses invoiced on any basis to any customer whether or not the insured actually takes possession of such gases. Schedule U GL872 B CW 04 09 Page 1 of 2 | 2 |
10. 12 13. 14. 15. Gross sales means gross sales invoiced before discounts but does not include taxes collected for any governmental unit. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodging. General Liability payroll means total remuneration for all employees of the insured as defined in our rating manuals. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rating manuals. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole golf course during the policy year. Rounds that are less then 10 holes will be counted half round toward the total number of rounds of golf played. Each means the total number of exposure units as described in the exposure basis. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging.. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered 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 all fees bonuses or commissions made paid or due. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without regard to source of revenue including accounts payable. Units means 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. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement Page 2 of 2 U GL872 B CW 04 09 | 2 |
Z ZURICH Deductible Endorsement Occurrence Policy No. ET. Date of Pol. Exp. Date of Pol. Ef. Date of End. Producer No. AddL. Prem Return Prem. GLO 3234490 02 01012021 01012022 28832000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part of the includes The terms of this Coverage Part apply regard application of the deductible amount. This those terms with respect to a. Our rights and duties with respect to the defense b. The insured s duties in the event of an act error ssion or a claim or suit. We may pay any part or all of the deductible amount to effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. It is agreed that the following deductible provisions are added to th e policy as respects the Employee Benefit Liability Coverage Part 1 Deductible 1000 The deductible amount stated above shall be deducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of in surance otherwise applicable on a per act error or omi n basis. The Aggregate Limit will not be reduced by the application of such deductible. U GL852 A CW 796 Page1of 1 | 2 |
POLICY NUMBER GLO 3234490 02 POLICY NUMBER GLO 3234490 02 COMMERCIAL GENERAL LIABILITY CG04721219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY COVERAGE COVERAGE A WITH ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Loss Of Electronic Data Limit 1000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Exclusion 2.p. of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following This insurance does not apply to p Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data that does not result from physical injury to tangible property. However this exclusion does not apply to liability for damages because of bodily injury. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. C. The following paragraph is added to Section Il Limits Of Insurance Subject to Paragraph 5. above the Loss Of Electronic Data Limit shown in the Schedule above is the most we will pay under Coverage A for property damage because of all loss of electronic data arising out of any one occurrence. D. The following definition is added to the Definitions section Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. CG04721219 Insurance Services Office Inc. 2018 Page 1 of 2 | 2 |
E. For the purposes of the coverage provided by this endorsement the definition of property damage in the Definitions section is replaced by the following 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 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 or c. Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data 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. Page 2 of 2 Insurance Services Office Inc. 2018 CG 04721219 | 2 |
POLICY NUMBER GLO 3234490 02 POLICY NUMBER GLO 3234490 02 COMMERCIAL GENERAL LIABILITY CG20281219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations SOLUTIONONE AN ALL COPY PRODUCTS COMPANY AND OR IT S ASSIGNS 7407 O STREET LINCOLN NE 68510 LEASE1536730 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to include as an additional insured the persons or organizations shown in the Schedule but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds this insurance does not apply to any occurrence which takes place after the equipment lease expires. C. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance 1. Required by the contract or agreement or 2. Available under the applicable limits of insurance whichever is less. This endorsement shall not applicable limits of insurance. increase the OLUTIONONE AN ALL COPY PRODUCTS COMPANY AND OR IT S ASSIGNS 407 O STREET INCOLN NE 68510 EASE1536730 CG20281219 Insurance Services Office Inc. 2018 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21411219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any claim made or suit brought for damages by any Named Insured against another Named Insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CG 21411219 Insurance Services Office Inc. 2018 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Li ity This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution 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 whomany of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 21471207 ISO Properties Inc. 2006 Page 10of 1 m | 2 |
COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in jury arising out of caused by or attributable to whether in whole or in part the following 1. The design manufacture construction fabrica tion preparation distribution and sale installa tion application maintenance or repair includ ing remodeling service correction or replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ ing the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. Section Exterior insulation and finish system means a non load bearing exterior cladding or finish sys tem and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub strate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CG 21861204 ISO Properties Inc. 2003 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22430413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage bility and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. CG22430413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li ity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. 2. Subject to Paragraph 3. below professional services include a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities.. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG22790413 Insurance Services Office Inc. 2012 Page 10of 1 | 2 |
POLICY NUMBER GLO 3234490 02 CY NUMBER GLO 3234490 02 COMMERCIAL GENERAL LIABILITY CG 2503 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. CG 2503 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 2503 05 09 o | 2 |
POLICY NUMBER GLO 3234490 02 POLICY NUMBER GLO 3234490 02 COMMERCIAL GENERAL LIABILITY CG 2504 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations EACH LOCATION OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated location shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Location General Aggregate Limit. CG 2504 05 09 Insurance Services Office Inc. 2008 Page 10f 2 m | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 CG 25 04 05 09 o | 2 |
THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER EPP 060 55 64 Named Insured is the same as it appears in the Common Policy Declarations LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 2000000 GENERAL AGGREGATE LIMIT 4000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 4000000 PERSONAL ADVERTISING INJURY LIMIT 2000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100.000 limit unless otherwise indicated herein SEE GA233 MEDICAL EXPENSE LIMIT 5.000 limit unless otherwise indicated herein SEE GA233 ANY ONE PERSON OR ORGANIZATION ANY ONE PREMISES ANY ONE PERSON ANY ONE PERSON OR ORGANIZATION ANY ONE PREMISES ANY ONE PERSON SEE GA233 SEE GA233 OR DRINK SUPERVISOR OR DRINK CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. BASE A Area Products All Other Products All Other 8 Payroll Completed Completed C Gross Sales Operations Operations D Units E Other Loc. 1 IL DISTRIBUTORS NO FOOD 12362 C17055000.599.206 10216 3513 BUILDINGS OR PREMISES 61217 A7040 44.778 315 LRO OT NFP INCL PROD AND OR COMP OP CARPENTRY INTERIOR 91341 BIF ANY 5.577 19.822 STA STA CONTRACTORS EXECUTIVE 91580 B258588 39.942 10329 INCL PROD AND OR COMP OP CONTRACTORS 91585 E3922000 2.019 2.604 7919 10213 SUBCONTRACTED WORK TOTAL COST Loc. 2 kS DISTRIBUTORS NO FOOD 12362 C15184000.512.043 7774 653 BUILDINGS OR PREMISES 61217 A17000 25.855 440 LRO OT NFP INCL PROD AND OR COMP OP CARPENTRY INTERIOR 91341 BIF ANY 9.432 7.274 STA STA nan nan nan nan 44.778 nan nan nan nan 315.0 nan nan nan nan 5.577 19.822 nan nan nan 39.942 STA STA 10329 nan nan nan nan 2.019 nan nan nan nan 2.604 7919 10213 nan nan nan nan 0.512 nan nan nan nan 0.043 7774 nan nan nan nan 25.855 nan nan nan nan 440.0 nan nan nan nan 9.432 nan nan nan nan 7.274 STA STA EPP 060 55 64 GA 532 07 08 Page 1 of 3 | 2 |
CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. BASE A Area Products All Other Products All Other B Payroll Completed Completed C Gross Sales Operations Operations D Units Other CONTRACTORS EXECUTIVE 91580 B281238 10.801 3038 SUPERVISOR INCL PROD AND OR COMP OP CONTRACTORS 91585 E2662000 2.306 1.172 6139 3120 SUBCONTRACTED WORK TOTAL COST LOC. 4 MO DISTRIBUTORS NO FOOD 12362C2530000.465.093 1176 235 OR DRINK BUILDINGS OR PREMISES 61218A2635 36.751 97 LRO NFP INCL PROD AND OR COMP OP CONTRACTORS EXECUTIVE 91580 B64491 15.180 979 SUPERVISOR INCL PROD AND OR COMP OP CONTRACTORS 91585 E376000 1.850 1.537 696 578 SUBCONTRACTED WORK TOTAL COST LOC. 5 MN DISTRIBUTORS NO FOOD 12362C1915000.472.083 904 159 OR DRINK BUILDINGS OR PREMISES 61218 A1200 17.180 21 LRO NFP INCL PROD AND OR COMP OP CONTRACTORS EXECUTIVE 91580 BIF ANY 13.888 STA SUPERVISOR INCL PROD AND OR COMP OP CONTRACTORS 91585 E206000 2.242 1.918 462 395 SUBCONTRACTED WORK TOTAL COST BI EXCEPTIONS TO 20410 2 682 POLLUTANT EXCLUSION INJURY OR DAMAGE TO OR 21585 50 RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT AUTOMATIC ADD. INSURED 29923 8.75 6070 CONTRACTORS OPERATIONS PRIMARY NONCONTRIBUTORY 29957 50 CONTRACTORS BROADENED 29975 3.5 2428 COVERAGE The General Liability Coverage Part is subject to an annual minimum premium. TOTAL ANNUAL PREMIUM 78651 FORMS AND OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART GA 532 07 08 BPP 060 55 64 Page 2 of 3 6139 3120 nan nan nan nan 2.306 nan nan nan nan 1.172 1176 nan nan nan nan 0.465 nan nan nan nan 0.093 nan nan nan nan 97.0 nan nan nan nan 36.751 nan nan nan nan 979.0 nan nan nan nan 15.18 nan nan nan nan 696.0 nan nan nan nan 578.0 nan nan nan nan 1.85 nan nan nan nan 1.537 nan nan nan nan 904.0 nan nan nan nan 158.0 nan nan nan nan 0.472 nan nan nan nan 0.083 nan nan nan nan 17.18 nan nan nan nan 21.0 nan nan nan nan 13.888 STA nan nan nan nan 395.0 nan nan nan nan 2.242 nan nan nan nan 1.918 nan nan nan nan 462.0 2 nan nan nan nan 682.0 nan nan nan nan 50.0 6070 8.75 | 2 |
FORMS AND OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART GA101 1204 COMMERCIAL GENERAL LIABILITY COVERAGE FORM G2001 0413 PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION G2279 0413 EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY CG2605 0207 MINNESOTA CHANGES CG2625 0405 MISSOURI CHANGES GUARANTY ASSOCIATION CG2650 1298 MISSOURI CHANGES MEDICAL PAYMENTS GA233 0917 CONTRACTORS COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT GA3024 0514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION GA369 0917 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS BROAD FORM WITH SPECIFIED EXCEPTIONS GA382 0302 FUNGI OR BACTERIA EXCLUSION GA4150MO 0202 MISSOURI CHANGES DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT GA4205IL 1001 ILLINOIS CHANGES KNOWN INJURY OR DAMAGE GA4315 0319 INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT GA4339Ks 0710 KANSAS CHANGES TRANSFER OF RIGHTS GA472IL 0918 CONTRACTORS ADDITIONAL INSURED AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT AGREEMENT PERMIT OR AUTHORIZATION ILLINOIS GA478 1204 BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION 0917 GA369 EPP 060 55 64 GA 532 07 08 Page 3 of 3 | 2 |
SUMMARY OF PREMIUMS CHARGED Attached to and forming part of POLICY NUMBER EPP 060 55 64 EBA 060 55 64 Effective Date 03 01 2021 Named Insured CARROLL SEATING COMPANY THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED Commercial Property Coverage Part W EBC 22100 Commercial General Liability Coverage Part 78651 Commercial Auto Coverage Part 11224 Commercial Umbrella Excess Liability Coverage Part 28128 DATA DEFENDER COVERAGE PART 87 NETWORK DEFENDER COVERAGE PART 187 CONTRACTORS EQUIPMENT SCHEDULED 52 INSTALLATION FLOATER 400 EMPLOYMENT PRACTICES LIABILITY 825 MN.50 FIRE SAFETY SURCHARGE 2 Terrorism Coverage 993 Instaliment Charge 3 ANNUAL TOTAL 142649 PAYMENTS First Remainin Installment Installments MONTHLY. SEE BILLING STATEMENT MAILED SEPARATELY AutomobileCoverages. Employers Liability. Employment Practices Liability Coverage. Professional Liability Coverage. Terrorism Coverage and or Wrongful Acts Coverage. if included in the policy. are subject to Annual Adjustment of rates and premium on each anniversary of the policy. Commercial Umbrella and Excess Liability. if included in the pohc. may be subject to Annual Adjustment of remium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part eclarations form to see if this is applicable. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED 1A 102 A 09 08 MONTHLY | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the Named Insured shown in the Declarations and any other person or organi zation qualifying as a Named Insured under this Coverage Part. The words we us and our refer to the Company providing this insurance. The word insured means any person or organi zation 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 PROP ERTY 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 insur ance 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 in sured against any suit seeking dam ages for bodily injury or property dam age to which this insurance does not apply. We may at our discretion investi gate 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 i LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applica ble limit of insurance in the payment of judgments or settlements under SECTION COVERAGES COV ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES COV ERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY or medical expenses under SECTION COVERAGES COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS COV ERAGES A AND B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property dam age is caused by an occurrence that takes place in the coverage ter ritory 2 The bodily injury or property dam age occurs during the policy period and 3 Prior to the coverage term in which bodily injury or property damage occurs you did not know per Para graph 1.d. below that the bodily in jury or property damage had oc curred or had begun to occur in whole orin part. Bodily injury or property damage which 1 Occurs during the coverage term and 2 Was not prior to the coverage term known by you per Paragraph 1.d. below to have occurred includes any continuation change or re sumption of that bodily injury or prop erty damage after the end of the cover age term in which it first became known by you. You will be deemed to know that bodily injury or property damage has oc curred at the earliest time when any authorized representative 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes or reasonably should have first observed the bodily in jury or property damage 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that bodily injury or prop erty damage had occurred or had begun to occur or 5 Becomes aware or reasonably should have become aware of a Includes copyrighted material of Insurance GA 1011204 Services Office Inc. with its permission. Page 1 of 22 GA 1011204 Page 1 of 22 | 0 |
condition from which bodily injury or property damage is substantially certain to occur. e. Damages because of bodily injury in clude damages claimed by any person or organization for care loss of services or death resulting at any time from the bod ily injury. 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage which may reasonably be expected to re sult from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured even if the injury or damage is of a different degree or type than actually expected or intended. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does. not apply to liability for damages 1 That the insured would have in the absence of the contract or agree ment or 2 Assumed in a contract or agreement that is an insured contract pro vided the bodily injury or property damage occurs subsequent to the execution of the contract or agree ment. When a claim for such bodily injury or property damage is made we will defend that claim pro vided the insured has assumed the obligation to defend such claim in the insured contract. Such defense payments will not reduce the limits of insurance. 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 intoxi cation of any person 2 The fumishing of alcoholic bever ages 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 distribut ing selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured sus tained in the workplace 2 An employee of the insured arising out of the performance of duties re lated to the conduct of the insured s business or 3 The spouse child parent brother or sister of that employee as a conse quence of Paragraphs 1 or 2 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other ca pacity 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 in sured contract. Pollutant 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release escape or emission of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However Paragraph a does not apply to 1 Bodily injury to any person injured while on any prem ises site or location owned. or occupied by or rented or loaned to you provided Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 1011204 Page 2 of 22 | 1 |
b d rance sion. airborne irritants or con taminants used in a manu facturing process or which is the product or by product of any manufacturing proc ess 2 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 this Coverage Part as an additional insured with respect to your ongo ing operations or your work 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 ad ditional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 proc essed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be le gally responsible At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However Para graph d does not apply to 1 Bodily injury or property damage arising out of the discharge dispersal seep age migration release es Page 3 of 22 a The injury is caused by the inadequate ventila tion of vapors b The person injured is first exposed to such vapors during the pol icy period and c Within 30 days of such first exposure the per son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo sure to such vapors. However Paragraph does not apply if the bodily injury is caused by vapors produced by or originating from equipment that is used to heat cool or dehu midify the building or equipment that is used to heat water for per sonal use by the building s occupants or their guests. This exception 1 shall ap ply only to Named Insureds we shall have no duty to defend or pay damages for any person or organization that is not a Named In sured. However this para graph does not apply if the bodily injury is caused by vapors produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. For the purpose of the ex ception granted in Para graph 1 only vapors means any gaseous or air borne irritant or airborne contaminant including smoke fumes vapor or soot but excluding asbes tos which is discharged dispersed emitted re leased or escapes from materials machinery or equipment used in the service or maintenance of the premises. Vapors does not mean any gaseous or Includes copyrighted material of Insurance b d Services Office Inc. with its permission. 2 GA 1011204 | 1 |
e GA 1011204 cape or emission of fuels lubricants or other operating fluids or exhaust gases which are needed to per form or are the result of the normal electrical hy draulic or mechanical func tions necessary for the op eration of mobile equip ment or its parts if such fuels lubricants or other operating fluids or exhaust gases escape seep of mi grate or are discharged dispersed released or emitted from a vehicle part designed to hold store or receive them. This excep tion does not apply if the fu els lubricants or other op erating fluids or exhaust gases escape seep or mi grate or are discharged dispersed released or emitted with the intent to cause bodily injury or property damage or with the knowledge that bodily injury or property damage is substantially certain to occur or if such fuels lubri cants or other operating fluids or exhaust gases are brought on or to the premises site or location with such intent to escape seep or migrate or be dis charged dispersed re leased or emitted as part of the operations being per formed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a con tractor or subcontractor or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are performing operations if the op erations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment that any insured or others test for monitor clean up re move contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for dam ages because of testing for monitoring cleaning up remov ing containing treating detoxi fying or neutralizing or in any way responding to or assessing the effects of pollutants. However Paragraphs 2a and b do not apply to liability for damages because of property damage that the insured would have in the ab sence of such request demand or der or statutory or regulatory re quirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto 6 Watercraft Bodily injury or property damage aris ing out of the ownership maintenance use or entrustment to others of any air craft auto or watercraft owned or oper ated by or rented or loaned to any in sured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hir ing employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or prop erty damage involved the ownership maintenance use or entrustment to oth ers of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on prem ises you own or rent 2 Awatercraft you do not own that is a Less than 51 feetlong and Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 22 Page 4 of 22 | 1 |
A 1011204 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 in sured 4 Liability assumed under any insured contract for the ownership mainte nance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is on attached to. or part of a land vehicle that would qualify under the defini tion of mobile equipment if it were not subject to a compul sory or financial responsibility law or other motor vehicle insur ance law in the state where it is licensed or principally garaged or b The operation of any of the ma chinery or equipment listed in Paragraph f.2 or 1.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage aris ing out of 1 The transportation of mobile equip ment by an auto owned or oper ated 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 rac ing. speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indi rectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or ex pected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses in curred by you or any other person organization or entity for repair re placement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those prem ises 3 Property loaned to you 4 Personal property in the care cus tody or control of an insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per forming operations if the property damage arises out of those opera tions or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclu sion do not apply to property damage other than damage by fire or explosion to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION Hil LiM ITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this ex clusion 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 haz ard. Damage to Your Product Property damage to your product arising out of it or any part of it. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 22 GA 1011204 | 1 |
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 haz ard. This exclusion does not apply if the dam aged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Prop erty Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your prod uct or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Any liability or damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal re call 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 with drawn or recalled from the market or from use by any person or organization be cause of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Asbestos Bodily injury or property damage aris ing out of attributable to or any way re lated to asbestos in any form or trans mitted in any manner. q. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Other employment related prac tices policies acts or omissions including but not limited to coer cion criticism demotion evaluation failure to promote reassignment discipline defa mation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a conse quence of bodily injury to that per son at whom any of the employment related practices described in Para graphs a b or c above is di rected. This exclusion applies 1 Whether the insured may be liable as an employer or in any other ca pacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Additional Insured Prior Knowledge An additional insured added by attach ment of an endorsement to this Coverage Part that is seeking coverage for a claim or suit if that additional insured knew per the following paragraph that bodily injury or property damage had oc curred or had begun to occur in whole or in pan prior to the coverage term in which such bodily injury or property damage occurs or begins to occur. An additional insured added by attach ment of an endorsement to this Coverage Part will be deemed to have known that bodily injury or property damage has occurred or has begun to occur at the earliest time when that additional insured or any one of its owners members part ners managers executive officers em ployees assigned to manage that addi tional insured s insurance program or employees assigned to give or receive notice of an occurrence personal and advertising injury offense claim or suit Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 22 GA 1011204 | 1 |
We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and ad vertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may re sult. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applica ble limit of insurance in the payment of judgments or settlements under SECTION COVERAGES COV ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES COV ERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY or medical expenses under SECTION COVERAGES COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS COV ERAGES A AND B. This insurance applies to personal and advertising injury only if 1 The personal and advertising injury is caused by an offense arising out of your business and 2 The personal and advertising injury offense was committed in the cov erage territory during the policy pe riod and 3 Prior to the coverage term in which the personal and advertising injury offense is committed you did not know per Paragraph 1.d. below that the offense had been committed or had begun to be committed in whole orin part. Personal and advertising injury caused by an offense which 1 Was committed during the coverage term and 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes or reasonably should have first observed the bodily in jury or property damage 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that bodily injury or prop erty damage had occurred or had begun to occur or 5 Becomes aware or reasonably should have become aware of a condition from which bodily injury or property damage is substantially certain to occur. s. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of in ability to access or inability to manipulate electronic data.. Distribution of Material in Violation of Statutes Bodily injury or property damage aris ing directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law or b. The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or informa tion. Exclusions c. through q. do not apply to property damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. for which the amount we will pay is fimited to the Damage to Premises Rented To You Limit as described in SECTION IIl LIMITS OF IN SURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement Includes copyrighted material of Insurance Services Office Inc. with its permission GA 1011204 Page 7 of 22 | 1 |
2 Was not prior to the coverage term known by you per Paragraph 1.d. below to have been committed includes any continuation change or re sumption of that offense after the end of the coverage term in which it first be came known by you. You will be deemed to know that a per sonal and advertising injury offense has been committed at the earliest time when any authorized representative 1 Reports all or any part of the per sonal and advertising injury to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the personal and advertising injury 3 First observes or reasonably should have first observed the offense that caused the personal and advertis ing injury 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that the offense had been committed or had begun to be com mitted or 5 Becomes aware or reasonably should have become aware of a condition from which personal and advertising injury is substantially certain to occur. 2. Exclusions This insurance does not apply to Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would infiict personal and advertising injury. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of mate rial if done by or at the direction of the in sured with knowledge of its falsity. Material Published Prior to Coverage Term Personal and advertising injury arising out of oral or written publication of mate rial whose first publication took place be fore the later of the following 1 The inception of this Coverage Part or 2 The coverage term in which insur ance coverage is sought. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured 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 agree ment or 2 Assumed in a contract or agreement that is an insured contract pro vided. the personal and advertising injury is caused by or arises out of an offense committed subsequent to the execution of the contract or agreement. When a claim for such personal and advertising injury is made we will defend that claim pro vided the insured has assumed the obligation to defend such claim in the insured contract. Such defense payments will not reduce the limits of insurance. Breach of Contract Personal and advertising injury arising out of a breach of contract except an im plied contract to use another s advertising idea in your advertisement. 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 ad vertisement 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 Copyvigll Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright pat Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 1011204 Page 8 of 22 | 1 |
A 1011204 ent trademark trade secret or other in tellectual property rights However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury com mitted by an insured whose business is 1 Advertising broadcasting. publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 17. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or ad vertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board any insured hosts owns. or over which any insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s poten tial customers. Employment Related Practices Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Other employment related prac tices policies acts or omissions including but not limited to coer cion criticism demotion evaluation failure to promote reassignment discipline defa mation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a conse quence of personal and advertising 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 ca pacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollutant Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release escape or emission of pollut ants atany time. Pollutant Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or as sessing the effects of pollutants. Asbestos Personal and advertising injury arising out of attributable to or any way related to asbestos in any form or transmitted in any manner Additional Insured Prior Knowledge An additional insured added by attach ment of an endorsement to this Coverage Part that is seeking coverage for a claim or suit if that additional insured knew per the following paragraph that a per sonal and advertising injury offense had been committed or had begun to be committed in whole or in part prior to the coverage term in which such offense Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 22 GA 1011204 | 1 |
was committed or began to be commit ted. An additional insured added by attach ment of an endorsement to this Coverage Part will be deemed to have known that a personal and advertising injury offense has been committed or has begun to be committed at the earliest time when that additional insured or any one of its own ers members partners managers ex ecutive officers employees assigned to manage that additional insured s insur ance program or employees assigned to give or receive notice of an occur rence personal and advertising injury offense claim or suit 1 2 a War Reports all or any part of the per sonal and advertising injury to us or any other insurer Receives a written or verbal demand or claim for damages because of the personal and advertising injury First observes or reasonably should have first observed the offense that caused the personal and advertis ing injury Becomes aware or reasonably should have become aware by any means other than as described in 3 above that the personal and adver tising injury offense had been com mitted or had begun to be commit ted or Becomes aware or reasonably should have become aware of a condition from which personal and advertising injury is substantially certain to occur. Personal and advertising injury how ever caused arising directly or indirectly outof 1 2 3 War including undeclared or civil war Warlike action by a military force in cluding action in hindering or de fending against an actual or ex pected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Distribution of Material in Violation of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law or The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law or Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or informa tion. COVERAGE C. MEDICAL PAYMENTS 1. 2. Insuring Agreement a. We will pay medical expenses as de scribed below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and re ported to us within three years of the date of the accident and 3 The injured person submits to ex amination at our expense by physi cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including pros thetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. Exclusions We will not pay expenses for bodily injury Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 22 GA 1011204 | 1 |
a. Any Insured To any insured. except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation and Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletic Activities To any person injured while officiating coaching practicing for instructing or participating in any physical exercises or games sports or athletic contests or ex hibitions of an athletic or sports nature. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI ABILITY. SUPPLEMENTARY PAYMENTS COVERAGES AAND B We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend 1. 2. GA 1011204 All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we be come obligated to pay and which falls within the applicable limit of insurance. If we make an offer to pay the applicable limit of insur ance we will not pay any prejudgment interest based on that period of time after the offer. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are in sureds but only with respect to their du ties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive offi cers and directors are insureds but only with respect to their duties as your offi cers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers only while per forming duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 22 GA 1011204 | 1 |
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 ad vertising injury a To you to your partners or members if you are a partner ship or joint venture to your members if you are a limited li ability company to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her provid ing or failing to provide profes sional health care services. 2 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exer cised for any purpose by you any of your employees vol unteer 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 volunteer worker or any organiza tion while acting as your real estate man ager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that prop erty and 2 Until your legal representative has been appointed. ing duties related to business. However oyees or volunteer s for r personal and ad your partners or f you are a partner it venture to your you are a limited li pany to a co while in the course her employment or duties related to the your business or to volunteer workers ming duties related ict of your business buse child parent sister of that co or volunteer a consequence of 1a above ere is any obligation mages with or repay Ise who must pay acause of the injury 1 Paragraphs 1a sor of his or her provid j to provide profes care services. e to property upied or used by or n the care custody of or over which wtrol is being exer purpose by employees vol any partner or are a partnership or any member if you ity company. an your employee or any organiza our real estate man zation having proper your property if you ability arising out of or use of that prop representative has Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or lim ited 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 organiza tion. However Insurance 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 COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property damage that occurred before you ac quired or formed the organization and COVERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed be fore you acquired or formed the organi 2ation. No person or organization is an insured with re spect to the conduct of any current or past parnt nership joint venture or limited fiability company that is not shown as a Named Insured in the Dec larations. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the number of a. b. c. Insureds Claims made or suits brought or Persons or organizations making claims or bringing suits. The General Algregale Limit is the most we will pay for the sum of 1 Medical expenses under COVER AGE C. MEDICAL PAYMENTS 2 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ages because of bodily injury or property damage included in the products completed operations hazard and 3 Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap ply if either the Location General Aggre Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 22 Page 12 of 22 GA 1011204 | 1 |
A 1011204 gate Limit of Insurance Paragraph 2.b. or the Construction Project General Ag gregate Limit of Insurance Paragraph 2.c. applies. A separate Location General Aggregate Limit of Insurance equal to the amount of the General Aggregate Limit shown in the Declarations shall apply to each location owned by or rented or leased to you and is the most we will pay for the sum of 1 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ages because of bodily injury or property damage included in the products completed operations hazard and 2 Medical expenses under COVER AGE C. MEDICAL PAYMENTS which can be attributed to operations at only a single location owned by or rented or leased to you. A separate Construction Project General Aggregate Limit of Insurance equal to the amount of the General Aggregate Limit shown in the Declarations shall ap ply to each construction project and is the most we will pay for the sum of 1 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ages because of bodily injury or property damage included in the products completed operations hazard and 2 Medical expenses under COVER AGE C. MEDICAL PAYMENTS which can be attributed only to ongoing operations and only at a single construc tion project. Only for the purpose of determining which General Aggregate Limit of Insurance 2.a. 2b. or2.c. applies 1 Location means premises involving the same or connecting lots or premises whose connection is inter rupted only by a street roadway waterway or right of way of a rail road. 2 Construction project means a loca tion you do not own rent or lease where ongoing improvements al terations installation demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements alterations. installation demolition or mainte nance work performed by you or on your behalf at the same location for the same persons or organizations no matter how often or under how many different contracts will be deemed to be a single construction project. The Products Completed Operations Aggre gate Limit is the most we will pay under COV ERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY for damages be cause of bodily injury and property dam age included in the products completed op erations hazard. Subject to 2.a. above the Personal and Ad vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL.AND AD VERTISING INJURY LIABILITY for the sum of all damages because of all personal and ad vertising injury sustained by any one person or organization. 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. BODILY INJURY AND PROPERTY DAMAGE LI ABILITY and b. Medical expenses under COVERAGE C. MEDICAL PAYMENTS because of all bodily injury and property damage arising out of any one occurrence. Subject to 5. above the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam ages because of property damage to any one premises while rented to you or in the case of damage by fire or explosion while rented to you or temporarily occupied by you with permission of the owner Subject to 5. above the Medical Expense Limit is the most we will pay under COVER AGE C. MEDICAL PAYMENTS for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part ap ply separately to each coverage term. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties in the Event of Occurrence Offense Claim or Suit a. Youmust see to it that we are notified as soon as practicabie of an occurrence or Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 13 of 22 GA 1011204 Page 13 of 22 | 1 |
3. GA 1011204 a personal and advertising injury of fense which may result in a claim. To the extent possible notice should include 1 How when and where the occur rence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occur rence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date re ceived 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 information 3 Cooperate with us in the investiga tion or settlement of the claim or de fense against the suit and 4 Assist us upon our request in the enforcement of any right against any erson or organization which may be iable to the insured because of in jury or damage to which this insur ance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any ex pense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all mof its terms have been fully complied with. A person or organization may sue us to re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur ance. An agreed settlement means a settle ment and release of liability signed by us the insured and the claimant or the claimant s le gal representative. Liberalization If within 60 days prior to the beginning of this Coverage Part or during the policy period we make any changes to any forms or endorse ments of this Coverage Part for which there is currently no separate premium charge and that change provides more coverage than this Coverage Part the change will automatically apply to this Coverage Part as of the latter of a. The date we implemented the change in your state or b. The date this Coverage Part became ef fective and will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the interim. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Cover age Builder s Risk Installation Risk or similar insurance for your work b That is Fire or Explosion insur ance for premises rented to you or temporarily occupied by you with permission of the owner c. That is insurance purchased by you to cover your liability as a tenant for property damage to Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 22 GA 1011204 Page 14 of 22 | 1 |
GA 1011204 premises rented to you or tem porarily occupied by you with permission of the owner or d If the loss arises out of the maintenance or use of aircraft autos or watercraft to the ex tent not subject to SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY 2. Exclusions g. Aircraft Auto or Watercraft. 2 Any other primary insurance avail able to the insured covering liability for damages arising out of the premises or operations or the prod ucts and completed operations for which the insured has been added as an additional insured by attach ment of an endorsement. 3 Any other insurance a Whether primary excess con tingent or on any other basis except when such insurance is written specifically to be excess over this insurance and b Thatis a consolidated wrap up insurance program which has been provided by the prime contractor project manager or owner of the consolidated proj ectin which you are involved. When this insurance is excess we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN JURY LIABILITY 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 ex ceeds 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 de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover age Part. Method of Sharing If all of the other insurance permits con tribution 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 in surance 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. 6. Premium Audit We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. Atthe 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 ret rospective premiums is the date shown as the due date on the bill. If 1 The eamed premium is less than the deposit premium we will return the excess to the first Named Insured or 2 The earned premium is greater than the deposit premium the difference will be due and payable to us by the first Named Insured upon notice from us. The first Named Insured must keep rec ords of the information we need for pre mium computation and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part you agree b. The statements in the Declarations are accurate and complete Those statements are based upon repre sentations you made to us and We have issued this Coverage Part in re liance upon your representations. 8. 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 In sured this insurance applies Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 15 of 22 Page 15 of 22 | 1 |
10. 11. 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 nghts to us and help us enforce them. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form Coverage Part or policy issued to you by us or any company affiliated with us apply to the same occurrence or personal and advertising injury offense the aggregate maximum limit of insurance under all the gov erage Forms Coverage Parts or policies shall not exceed the highest applicable limit of in surance under any one Coverage Form Cov erage Part or policy. This condition does not apply to any Coverage Form Coverage Part or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Part. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named In sured shown in the Declarations written notice of the nonrenewal not less than 30 days be fore the expiration date. If notice is mailed proof of mailing will be suf ficient proof of notice. SECTION V DEFINITIONS 1. 2. Advertisement means a notice that is broad cast telecast or published to the general pub lic or specific market segments about your goods products or services for the purpose of attracting customers or supporters. Adver tisement includes a publicity article. For pur poses of this definition a. Notices that are published include mate rial 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 prod ucts or services for the purposes of at tracting customers or supporters is con sidered an advertisement. Authorized representative means a. If you are designated in the Declarations as 1sured were the only 1sured against whom tis brought. Recovery Against to recover all or part ve made under this its are transferred to nothing after loss to sest the insured will ose rights to us and Forms or Policies any other Coverage policy issued to you filiated with us apply 8 or personal and se the aggregae e under all the Cov arts or policies shall ipplicable limit of in overage Form Cov s condition does not orm Coverage Part n affiliated company cess insurance over this Coverage Part the first Named In rations written notice s than 30 days be f mailing will be suf notice that is broad to the general pub gments about your s for the purpose of upporters. Adver city article. For pur ished include mate ternet or on similar ommunication and only that part of a t your goods prod the purposes of at supporters is con ment means in the Declarations 1 An individual you and your spouse are authorized representatives. 2 A partnership or joint venture your members your partners and their spouses are authorized representa tives. 3 A limited liability company your members and your managers are authorized representatives. 4 An organization other than a part nership joint venture or limited liabil ity comparg your executive offi cers and directors are authorized representatives. Provided you are not a publicly traded organization your stockholders are also author ized representatives. 5 A trust your trustees are authorized representatives. Your employees 1 Assigned to manage your insurance program or 2 Responsible for giving or receiving notice of an occurrence personal and advertising injury offense claim or suit are also authorized representatives. Auto means A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment or Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However 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 term means the following individ ual increment or if a multi year policy period increments of time which comprise the policy period of this Coverage Part The year commencing on the Effective Date of this Coverage Part at 1201 AM standard time at your mailing address shown in the Declarations and if a multi year policy period each consecutive an nual period thereatter or portion thereof if any period is for a period of less than 12 months constitute individual coverage terms. The last coverage term ends at Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 22 GA 1011204 Page 16 of 22 | 1 |
me at your mailing Declarations on the y period shown in nds or y to which this Cov ched is terminated issuance of this coverage term is jonal period of less additional period of be part of the last erm. America including ssessions Puerto r airspace but only age occurs in the isportation between a. above or vorld if the injury or ts made or sold by ry described in a. a person whose rritory described in way for a short time or Jvertising injury of place through the r electronic means 3 s responsibility to mined in a suit on tory described in a. ment to which we nformation facts or created or used on computer software. plications software. OMs tapes drives vices or any other h electronically con ased worker. Em ide a temporary 5 a person holding ns created by your laws or any other it 10. Hostile fire means one which becomes un controllable or breaks out from where it was intended to be. 1. 12 Impaired property means tangible property other than your product or your work that can not be used or is less useful because b. It incorporates your product or your work that is known or thought to be de fective deficient inadequate or danger ous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for property damage by fire or explosion to premises while rented to you or temporarily occu pied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement ex cept 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 agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal and advertising injury to a third person or organization. ort 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 Thatindemnifies a railroad for bodily injury property damage or per sonal and advertising injul rising out of construction or demolition op erations within 50 feet of any rail Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 22 1200 AM standard time at your mailing address shown in the Declarations on the earlier of 1 The day the policy period shown in the Declarations ends or 2 The day the policy to which this Cov erage Part is attached is terminated or cancelled. b. However if after the issuance of this Coverage Part any coverage term is extended for an additional period of less than 12 months that additional period of time will be deemed to be part of the last preceding coverage term. 6. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. Allother 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 activies of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury of fenses that take place through the Internet or similar electronic 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 to which we agree 7. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software. including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically con trolled equipment. 8. Employee includes a leased worker. Em ployee does not include a temporary worker. 9. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. GA 1011204 Page 17 of 22 | 1 |
2 5 6 11204 road property and affecting any rail road bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engi neer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions re ports 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 Under which the insured if an archi tect engineer or surveyor assumes liability for an injury or damage aris ing out of the insured s rendering or failure to render professional serv ices including those listed in Para graph 2 above and supervisory in spection architectural or engineering activities That indemnifies an advertising pub lic relations or media consulting firm for personal and advertising injury arising out of the planning execution or failure to execute marketing com munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns consumer trade and corporate advertising for all media media planning buying monitoring and analysis direct mail promotion sales materials design presentations point of sale materi als market research public relations and new product development Under which the insured if an adver tising public relations or media con sulting firm assumes liability for personal and advertising injury arising out of the insured s rendering or failure to render professional services including those services listed in Paragraph 4 above That indemnifies a web site designer or content provider or Internet search access content or service provider for injury or damage arising out of the planning execution or fail ure to execute Internet services. Internet services include but are not limited to design production distri bution maintenance and administra tion of web sites and web banners hosting web sites registering do main names registering with search 13 14. 15 engi provi othel 7 Unde site Intert servi injury insur der I listed Leased work you by a labc ment between to perform dt your business pervisors furni firm. Lease temporary wo Loading or ur property a. Afteritis accepted aircraft w b. While it is or auto c. While it is watercraft is finally d but loading the movement chanical devic is not attache auto. Mobile equipr ing types of I tached machin a. Bulldozers other veh pally off pt b. Vehicles r next to pre Vehicles t d. Vehicles maintaine permanen 1 Powe gers 2 Road equip ers or e. Vehicles r above tha maintaine Includes copyrighted material of Insurance Services Office Inc. with its permission. 13 14. 15 engines marketing analysis and providing access to the Internet or other similar networks or 7 Under which the insured if a web site designer or content provider or Internet search access content or service provider assumes liability for injury or damage arising out of the insured s rendering or failure to ren der Internet services including those listed in Paragraph 6 above. Leased worker means a person leased to you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker includes su pervisors furnished to you by the labor leasing firm. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. Afteritis moved from the place where itis accepted for movement into or onto an aircraft watercratt or auto b. While it is in or on an aircraft watercraft or auto or A 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 me chanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the follow ing types of land vehicles including any at tached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use princi pally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent 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 dig gers or drills or 2 Road construction or resurfacing equipment such as graders scrap ers or rollers e. Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to Page 18 of 22 GA 1011204 | 1 |
d. Oral or written publication in any manner of material that slanders or libels a per son or organization or disparages a per son s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 18. Pollutant means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petroleum petroleum products and petroleum by products and waste Waste includes materials to be recycled re conditioned or reclaimed. Pollutants include but are not limited to substances which are generally recognized in industry or govern ment to be harmful or toxic to persons prop erty or the environment regardless of whether the injury or damage is caused directly or indi rectly by the pollutants and whether a. The insured is regularly or otherwise en gaged in activities which taint or degrade the environment or b. The insured uses generates or produces the pollutant. 19. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been com pleted or abandoned. However your work will be deemed com pleted at the earliest of the following times a When all of the work called for in your contract has been com pleted or b When all of the work to be done at the job site has been com pleted if your contract calls for work at more than one job site or c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. 16. 17. permanently attached equipment of the following types 1 Air compressors pumps and gen erators including spraying welding building cleaning geophysical explo ration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road mainlenance. but not con struction or resurfacing or c Streetcleaning 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 gen erators including spraying welding building cleaning geophysical explo ration lighting and well servicing equipment. However mobile equipment does not in clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi nancial responsibility law or other motor vehi cle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. Personal and advertising injury means in jury including consequential bodily injury. arising out of one or more of the following of fenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies committed by or on behaif of its owner landlord or lessor Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 1011204 Page 19 of 22 | 1 |
20. 21. 22 23. Work that may need service main tenance correction repair or re placement but which is otherwise complete will be treated as com pleted. b. Does not include bodily injury or prop erty damage arising out of 1 The transportation of property un less 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 load ing or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declara tions or in a schedule states that products completed operations are included. Property damage mens a. Physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi cal injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Suit means a civil proceeding in which money damages because of bodily injury propeny damage or personal and advertis ing injury to which thi nsurance 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 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or c. An appeal of a civil proceeding. 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. Volunteer worker means a person who is not your employee and who donates his or 24 25. 26. her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compen sation by you or anyone else for their work performed for you. Workplace means that place and during such hours to which the employee sustain ing bodily injury was assigned by you or any other person or entity acting on your be half to work on the date of occurrence. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment fur nished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fit ness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment fur nished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fit ness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 22 GA 1011204 | 1 |
NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form 1. GA 1011204 The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured un der this Coverage Part is also an in sured under a nuclear energy liability policy issued by Nuclear Energy Li ability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous prop erties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this Coverage Part not been issued would be entitled to indemnity from the United States of America or any agency thereof un der any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazard ous 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 the hazardous properties of nu clear material if 1 The nuclear material a is at any nuclear facility owned by or oper ated by or on behalf of an insured. or b has been discharged or dis persed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used proc essed. stored ftransported or dis posed of by or on behalf of an in sured or 3 The bodily injury or property dam age 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 fa cility is located within the United States of America its territories or possessions or Canada this Exclu sion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. 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 re actor. Waste means any waste material a con taining by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means A. Any nuclear reactor B. Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste C. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated 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 Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 21 of 22 GA 1011204 Page 21 of 22 | 1 |
D. Any structure basin excavation prem ises 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 de signed 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 ra dioactive contamination of property. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 22 of 22 GA 1011204 | 1 |
COMMERCIAL GENERAL LIABILITY CG 20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance 1 The additional insured is a Named Condition and supersedes any provision to the Insured under such other insurance contrary and Primary And Noncontributory Insurance 2 You have agreed in writing in a contract or agreement that this This insurance is primary to and will not insurance would be primary and would seek contribution from any other insurance not seek contribution from any other available to an additional insured under insurance available to the additional your policy provided that insured. Insurance Services Office Inc.. 2012 CG 20010413 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG22790413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury. property damage or personal and advertising injury arising out of the rendering of or failure 2. to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide. engineering architectural or surveying services in connection with construction work you 3. perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision. hiring. employment training or monitoring of others by that insured. if the occurrence which caused the bodily injury or property damage or the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional services by you or on your behalf with respect to the operations described above. Subject to Paragraph 3. below. professional services include a. Preparing. approving. or failing to prepare or approve maps shop drawings opinions. reports. surveys. field orders. change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques. sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Insurance Services Office. Inc.. 2012 CG22790413 Page 10of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 26 05 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINNESOTA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The Examination Of Your Books And Records Common Policy Condition is replaced by the fol lowing We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to one year afterward. B. Paragraph 1. Bankruptcy under Section IV Commercial General Liability Conditions is re placed by the following 1. Bankruptcy Bankruptcy. insolvency or dissolution of the in sured or of the insured s estate will not relieve us of our obligation under this Coverage Part. and in case an execution against the insured on a final judgment is returned unsatisfied. then such judgment creditor shall have a right of action on this Coverage Part against the company to the same extent that the insured would have had the insured paid the final judgment. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Commercial Gen eral Liability Conditions Our rights do not apply against any person or or ganization insured under this or any other Cover age Part we issue with respect to the same oc currence. 1S0 Properties. Inc.. 2006 CG 26 05 02 07 Page 1of 1 O | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES GUARANTY ASSOCIATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY Missouri Property and Casualty Insurance Guaranty Association Coverage Limitations A Subject to the provisions of the Missouri Prop erty and Casualty Insurance Guaranty Associa tion Act to be referred to as the Act if we are a member of the Missouri Property and Casualty Insurance Guaranty Association to be referred to as the Association the Association will pay claims covered under the Act if we become in solvent. The Act contains various exclusions conditions and limitations that govern a claimant s eligibility to collect payment from the Association and af fect the amount of any payment. The following limitations apply subject to all other provisions of the Act 1. Claims covered by the Association do not include a claim by or against an insured of an insolvent insurer if the insured has a net worth of more than 25 million on the later of the end of the insured s most recent fis cal year or December thirty first of the year next preceding the date the insurer be comes insolvent provided that an insured s net worth on such date shall be deemed to include the aggregate net worth of the in sured and all its affiliates as calculated on a consolidated basis. Payments made by the Association for covered claims will include only that amount of each claim which is less than 300.000. However the Association will not 1 Pay an amount in excess of the applicable limit of insurance of the policy from which a claim arises or 2 Return to an insured any un earned premium in excess of 25000. These limitations have no effect on the coverage we will provide under this policy CG 26 25 04 05 1SO Properties Inc. 2004 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 1.a. of Coverage C. Medical Payments is replaced with the following 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 th coverage territory and during th policy period 2 The expenses are incurred ar reported to us within one year the date of the accident. Hox ever expenses reported to L after one year of the date of th accident will not be denie solely because of the late sul mission unless such late sul mission operates to prejudic our rights and 3 The injured person submits oexamination at our expense t 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. How ever expenses reported to us after one year of the date of the accident will not be denied solely because of the late sub mission unless such late sub mission operates to prejudice our rights and The injured person submits to examination at our expense by physicians of our choice as of ten as we reasonably require. CG 26501298 Copyright Insurance Services Office Inc. 1998 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement Table of Contents Coverage Begins on Pag Employee Benefit Liability Coverage...... Unintentional Failure To Disclose Hazard Damage To Premises Rented To You Supplementary Payments....... Medical Payments. 180 Day Coverage For Newly Forme Waiver Of Subrogation... Automatic Additional Insured Specified Relationship Managers Or Lessors Of Premises Lessor Of Leased Equipment Vendors State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises and Mortgagee Assignee Or Receiver 9. Property Damage To Borrowed Equipment.... 10. Employees As Insureds Specified Health Care Semces And Good Samaritan Services.. 11. Broadened Notice Of Occurrence 12. Nonowned Aircraft... 13. Bodily Injury Redefine 14. Expected Or Intended Injury Redefined 15. Former Employees As Insureds..... 15 16. Voluntary Property Damage Covevage And Care Custody Or Control i PNV AWN S 17. 18. Alienated Premises..... B. Limits Of Insurance The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse ment. except as provided below 1. Employee Benefit Liability Coverage Each Employee Limit 1.000.000 Aggregate Limit 3.000.000 Deductible Amount 1.000 3. Damage To Premises Rented To You The lesser of a. The Each Occurrence Limit shown in the Declarations or b. 500.000 unless otherwise stated 4. Supplementary Payments a. Bail Bonds 2.500 Includes copyrighted material of insurance Services Office. Inc.. with its permission. Page 10f 17 GA 2330917 | 2 |
b. Loss Of Earnings 500 5. Medical Payments Medical Expense Limit 10000 9. Property Damage To Borrowed Equipment Each Occurrence Limit 10000 Deductible Amount 250 16. Voluntary Property Damage Coverage Coverage a. And Care Custody Or Control Liability Coverage Coverage b. Limits Of Insurance Coverage a. 1000 Each Occurrence 5.000 Aggregate Coverage b. 5.000 Each Occurrence unless otherwise stated Deductible Amount Each Occurrence Coverage a. 250 Coverage b. 250 unless otherwise stated PREMIUM BASIS RATE ADVANCE PREMIUM Qoll For Limits in Excess of For Limits in Excess of c Gross Sales 5.000. 5.000 COVERAGE d Units e Other b. Care Custody Or Control TOTAL ANNUAL PREMIUM UVERALE Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 2 of 17 GA 23309 17 | 2 |
C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section Coverages Employee Benefit Liability Cover 1 Insuring Agreement GA 2330917 b We will pay those sums that the insured becomes legally obligated to pay as damag es caused by any act error or omission of the insured. or of any other person for whose acts the insured is legally liable. 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 against any suit seeking damages to which this in surance does not apply. We may. at our discretion. in vestigate any report of an act. error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Limits Of Insur ance and 2 Our right and duty to defend ends when we have used up the appli cable limit of insurance in the payment of judg ments or settlements. No other obligation or liabil ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to damages only if the act er ror or omission is negligent ly committed in the admin istration of your employee benefit program and 1 Occurs during the policy period or 2 Occurred prior to the first effective date of this endorsement pro vided a You did not have knowledge of a claim or suit on or before the first ef fective date of this endorsement. You will be deemed to have knowledge of a claim or suit when any author ized representa tive i Reports all. or any part of the act error or omission to us or any other insurer ii Receives a written or ver bal demand or claim for dam ages because of the act. er ror or omis sion and b There is no other applicable insur ance. 2 Exclusions This insurance does not apply to b c Includes copyrighted material of Insurance Services Office Inc.. with its permission. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury. property damage or personal and advertising injury. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or mali cious act. error or omission. committed by any insured including the willful or reck less violation of any statute. Failure To Perform A Con tract Damages arising out of fail ure of performance of con tract by any insurer. Page 3 of 17 Page 3 of 17 GA 2330917 | 2 |
d Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e Inadequacy Of Perfor mance of Invest ment Advice Given With Respect To Participation Any claim based upon 1 Failure of any invest ment to perform 2 Errors in providing in formation on past per formance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to par ticipate in any plan in cluded in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation un employment compensation insurance social security or disability benefits law or any similar law. 9 ERISA Damages for which any in sured is liable because of li ability imposed on a fiduci ary by the Employee Re tirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. ncy Of Funds arising out of an icy of funds to obligations under included in the e benefit program. cy Of Perfor 0 of Invest vice Given With To Participation based upon re of any invest to perform s in providing in ation on past per ance of investment les or e given to any n with respect to erson s decision to ipate or not to par te in any plan in d in the employee fit program. Compensation lar Laws arising out of your comply with the y provisions of any compensation un nt compensation. social security or yenefits law or any 3 Taxes Fines Or Penalties Taxes fines or penalties in cluding those imposed un der the Internal Revenue Code or any similar state or local law. Employment Related Prac tices Any liability arising out of any 1 Refusal to employ 2 Termination of employ ment 3 Coercion demotion evaluation reassign ment discipline defa mation harassment humiliation. discrimina tion or other employ ment related practices. acts or omissions or 4 Consequential liability as a result of 1. 2 or 3 above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in jury. 3 Supplementary Payments Section Coverages Sup for which any in plementary Payments Cover able because of li ages A And B also apply to this osed on a fiduci Coverage. e Employee Re Income Security b. Whols An Insured 974 sd now As respects Employee Benefit Lia alnz el. or by bility Coverage. Section Il Who Is r federal. state or An Insured is replaced by the follow ing Benefits 1 If you are designated in the Dec for benefits to the farations as L such benefits are a An individual you and your with reasonable cooperation of the om the applicable rued or other col urance. b Includes copyrighted material of Insurance Services Office. Inc.. with its permission. spouse are insureds but on ly with respect to the con duct of a business of which you are the sole owner. A partnership or joint ven ture you are an insured. Your members your part Page 4 of 17 GA 2330917 | 2 |
3 ners and their spouses are also insureds but only with respect to the conduct of your business. c A limited liability company. you are an insured. Your members are also insureds. but only with respect to the conduct of your business. Your managers are in sureds but only with respect to their duties as your man agers. d An organization other than a partnership. joint venture or limited liability company. you are an insured. Your execu tive 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 re spect to their liability as stockholders. e A trust you are an insured. Your trustees are also in sureds but only with respect to their duties as trustees. Each of the following is also an insured a Each of your employees who is or was authorized to administer your employee benefit program b Any persons organizations or employees having prop er temporary authorization to administer your employ ee benefit program if you die. but only until your legal representative is appointed or c Your legal representative if you die. but only with re spect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly ac quire or form other than a part nership joint venture or limited liability company. and over which you maintain ownership or major ity interest will qualify as a Named Insured if no other similar insurance applies to that organi zatic this a b Limits C As respe bility Cc Of Insul lowing 1 The Sec 1. Cov the of th b c d e 2 The 3 Sut Includes copyrighted material of Insurance Services Office. Inc.. with its permission. zation. However coverage under this provision a Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period. whichever is earlier and b Does not apply to any act error or omission that was committed before you ac quired or formed the organi Zzation. Limits Of Insurance As respects Employee Benefit Lia bility Coverage. Section Il Limits Of Insurance is replaced by the fol lowing 1 3 The Limits of Insurance shown in Section B. Limits Of Insurance. 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. The Aggregate Limit shown in Section B. Limits Of Insurance. 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam ages because of acts errors or omissions negligently committed in the administration of your employee benefit program. Subject to the limit described in 2 above the Each Employee Limit shown in Section B. Limits Of Insurance. 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus tained by any one employee. including damages sustained by such employee s dependents and beneficiaries. as a result of a An act. error or omission or GA 2330917 Page 5 of 17 | 2 |
17 b A series of related acts er rors or omissions regard less of the amount of time that lapses between such acts errors or omissions negligently committed in the administration of your employ ee benefit program. However the amount paid under this endorsement shall not ex ceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Deductible Amount a Our obligation to pay dam ages on behalf of the in sured applies only to the amount of damages in ex cess of the Deductible Amount stated in the Decla rations as applicable to Each Employee. The limits of insurance shall not be re duced by the amount of this deductible. b The Deductible Amount stated in the Declarations applies to all damages sus tained by any one employ ee including such employ ee s dependents and bene ficiaries because of all acts errors or omissions to which this insurance applies. The terms of this insurance including those with respect to 1 Our right and duty to defend the insured against any suits seeking those damag es and 2 Your duties and the du ties of any other in volved insured. in the event of an act error or omission or claim apply irrespective of the ap plication of the Deductible Amount. d We may pay any part or all of the Deductible Amount to effect settlement of any claim or suit and upon no d. Additic As res bility mercia tions is 1 Ite Oc Su 2. Includes copyrighted material of Insurance Services Office Inc.. with its permission. tification of the action taken you shall promptly reim burse us for such part of the Deductible Amount as we have paid. d. Additional Conditions As respects Employee Benefit Lia bility Coverage Section IV Com mercial General Liability Condi tions is amended as follows 1 Item 2. Duties In The Event Of Occurrence Offense Claim Or Suit is replaced by the following 2. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act. error or omission was and when it oc curred and 2 The names and addresses of any one who may suf fer damages as a result of the act error or omission. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practicable. You and any other in volved insured must 1 Immediately send us copies of any demands. notices summonses or le gal papers re Page 6 of 17 GA 23309 17 | 2 |
tion by equal shares. we will follow this meth od also. Under this ap proach 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 in surance does not permit contribution by equal shares. we will contrib ute 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 insur ers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. Additional Definitions As respects Employee Benefit Lia bility Coverage Section V Defini tions is amended as follows 1 The following definitions are added 1. Administration means a. Providing information to employees. including their dependents and beneficiaries with re spect to eligibility for or scope of employee benefit programs b. Interpreting the em ployee benefit pro grams c. Handling records in connection with the employee benefit pro grams or d. Effecting. continuing or terminating any em ployee s participation in 17 ceived in connec tion with the claim or suit 2 Authorize us to ob tain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us. upon our request. in the en forcement of any right against any person or organi zation which may be liable to the in sured because of an act. error or omission to which this insurance may also apply. No insured will. except at that insured s own cost. voluntarily make a payment assume any obligation. or incur any expense without our consent. Item 5. Other Insurance is re placed by the following S. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows Primary Insurance This insurance is prima ry except when c. below applies. If this insurance is primary. our obliga tions are not affected unless any of the other insurance is also prima ry. Then. we will share with all that other insur ance by the method de scribed in b. below. Method Of Sharing If all of the other insur ance permits contribu Additior As resp bility Ce tions is 1 The add 1. Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 7 of 17 GA 2330917 | 2 |
any benefit included in the employee benefit program. However administration does not include a. Handiing payroll deduc tions or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance including but not limited to unemployment insur ance social security benefits workers com pensation and disability benefits. Cafeteria plans means plans authorized by applica ble law to allow employees to elect to pay for certain benefits with pre tax dollars. Employee benefit pro grams means a program providing some of all of the following benefits to em ployees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending ac counts provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibil ity requirements b. Profit sharing plans employee savings plans employee stock ownership plans pen sion plans and stock subscription plans pro vided that no one other than an employee may subscribe to such benefits and such bene fits are made generally available to all employ ees who are eligible under the plan for such benefits 2. Includes copyrighted material of Insurance Services Office. Inc.. with its permission. c. Unemployment insur ance social security benefits. workers com pensation and disability benefits and d. Vacation plans includ ing buy and sell pro grams leave of ab sence programs includ ing military maternity family. and civil leave tuition assistance plans transportation and health club subsidies. 4. First effective date means the date upon which cover age was fist effected in a series of uninterrupted re newals of insurance cover age. 2 The following definitions are de leted in their entirety and re placed by the following 8. Employee means a person actively employed formerly employed on leave of ab sence or disabled. or retired. Employee includes a leased worker. Employee does not include a tempo rary worker. 21. Suit means a civil proceed ing in which money damag es because of an act error or omission to which this in surance applies are alleged. Suit includes a. An arbitration proceed ing in which such dam ages are claimed and to which the insured must submit or does submit with our consent b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the in sured submits with our consent or c. Anappeal of a civil pro ceeding. Page 8 of 17 GA 2330917 | 2 |
2 Rust or other cor rosion decay de terioration. hidden or latent defect or any quality in property that caus es it to damage or destroy itself 3 Smog 4 Mechanical break down. including rupture or bursting caused by centrif ugal force 5 Settling. cracking. shrinking or ex pansion 6 Nesting or infesta tion. or discharge or release of waste products or secre tions. by insects birds. rodents or other animals or 7 Presence growth proliferation spread or any ac tivity of fungus in cluding mold or mildew. and any mycotoxins spores scents or byproducts pro duced or released by fungi. b Property damage caused directly or indirectly by any of the following i i Earthquake. volcanic eruption. landslide or any other earth move ment Water that backs up or overflows or is other wise discharged from a sewer drain. sump sump pump or related equipment Water under the ground surface pressing on. or flowing or seeping through 1 Foundations walis. floors or paved surfaces Unintentional Failure To Disclose Haz ards Section IV Commercial General Liabil ity Conditions 7. Representations is amended by the addition of the following Based on our dependence upon your rep resentations as to existing hazards if un intentionally you should fail to disclose all such hazards at the inception date of your policy. we will not reject coverage under this Coverage Part based solely on such failure. Damage To Premises Rented To You a. The last Paragraph of 2. Exclusions under Section Coverage A Bod ily Injury And Property Damage Li ability is replaced by the following Exclusions c. through q. do not apply to property damage by fire explo sion lightning. smoke or soot to premises while rented to you or tem porarily occupied by you with permis sion of the owner for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in Section Il Limits Of Insurance. b. The insurance provided under Sec tion Coverage A Bodily Injury And Property Damage Liability ap plies to property damage arising out of water damage to premises that are both rented to and occupied by you. 1 As respects Water Damage Le gal Liability. as provided in Para graph 3.b. above The exclusions under Section Coverage A Bodily Injury And Property Damage Liability. 2. Exclusions. other than i. War and the Nuclear Energy Liabil ity Exclusion Broad Form are deleted and the following are added This insurance does not apply to a Property damage i Assumed in any con tract or agreement or i Caused by or resulting from any of the follow ing 1 Wear and tear Includes copyrighted material of Insurance Services Office. Inc.. with its permission. GA 2330917 Page 9 of 17 | 2 |
2 Basements whether paved or not or 3 Doors windows or other openings. c Property damage caused by or resulting from water that leaks or flows from plumbing. heating air condi tioning fire protection sys tems or other equipment caused by or resulting from freezing. unless i You did your best to maintain heat in the building or structure or ii You drained the equip ment and shut off the water supply if the heat was not maintained. d Property damage to i Plumbing. heating air conditioning fire protec tion systems or other equipment or applianc es or i The interior of any building or structure or to personal property in the building or structure caused by or resulting from rain. snow. sleet or ice. whether driven by wind or not. c. Limit Of Insurance With respect to the insurance afford ed in Paragraphs 3.a. and 3.b. above the Damage To Premises Rented To You Limit as shown in the Decla rations is amended as follows 1 Paragraph 6. of Section W Limits Of Insurance is replaced by the following 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A Bodily Injury And Property Dam age Liability for damages because of property dam age to any one premises a. While rented to you or temporarily occupied by you with permission of the owner b. In the case of damage by fire. explosion light ning. smoke or soot while rented to you or c. Inthe case of damage by water while rented to and occupied by you. 2 The most we will pay is limited as described in Section B. Limits Of Insurance 3. Damage To Premises Rented To You of this endorsement. Supplementary Payments Under Section Supplementary Pay ments Coverages A And B a. Paragraph 2. is replaced by the fol lowing Up to the limit shown in Section B. Limits Of Insurance. 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol lowing All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to the limit shown in Sec tion B. Limits Of Insurance. 4.b. Loss Of Earnings of this endorsement per day because of time off from work. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits Of Insurance 5. Medical Pay ments of this endorsement. 180 Day Coverage For Newly Formed Or Acquired Organizations Section Il Who Is An Insured is amended as follows Subparagraph a. of Paragraph 3. is re placed by the following a. Insurance under this provision is af forded only until the 180th day after Includes copyrighted material of Insurance 30917 Services Office Inc. with its permission. Page 10 of 17 GA 2330917 | 2 |
5A 23309 17 you acquire or form the organization or the end of the policy period. whichever is earlier Waiver Of Subrogation Section IV Commercial General Liabil ity Conditions 9. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a written contract or agree ment with that person or organization and included in the products completed oper ations hazard. However our rights may only be waived prior to the occurrence giving rise to the injury or damage for which we make payment under this Cov erage Part The insured must do nothing after a loss to impair our rights. At our re quest the insured will bring suit or trans fer those rights to us and help us enforce those rights. Automatic Additional Insured Speci fied Relationships a. The following is added to Section Il Who Is An Insured 1 Any persons or organizations described in Paragraph 8.a.2 of this endorsement hereinafter re ferred to as additional insured whom you are required to add as an additional insured under this Coverage Part by reason of a written contract. written agree ment. written permit or written authorization. 2 Only the following persons or or ganizations are additional in sureds under this endorsement. and insurance coverage provided to such additional insureds is lim ited as provided herein a Managers Or Lessors Of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.1 of this en dorsement to provide insur ance but only with respect to liability arising out of the ownership maintenance or b c Includes copyrighted material of Insurance Services Office. Inc. with its permission. use of that part of the prem ises leased to you. subject to the following additional exclusions This insurance does not ap ply to i Any occurrence which takes place after you cease to be a tenant in that premises ii Structural alterations new construction or demolition operations performed by or on be half of such additional insured. Lessor Of Leased Equip ment Any person or organization from whom you lease equipment when you and such persons or organiza tions have agreed per Par agraph 8.a.1 of this en dorsement to provide insur ance. Such persons or or ganizations are insureds only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part. by your maintenance operation or use of equipment leased to you by such persons or or ganizations. A person s or organization s status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However this insurance does not ap ply to any occurrence which takes place after the equipment lease expires. Vendors Any person or organization referred to below as ven dor with whom you have agreed per Paragraph 8.a.1 of this endorsement to provide insurance. but on ly with respect to bodily in jury or property damage arising out of your products which are distributed or sold in the regular course of the Page 11 of 17 GA 23309 17 Page 11 of 17 | 2 |
vendor s business subject to the following additional exclusions i The insurance afforded the vendor does not apply to 1 Bodily injury or property damage for which the ven dor is obligated to pay damages by reason of the as sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement 2 Any express war ranty unauthorized by you 3 Any physical or chemical change in the product made intentionally by the vendor 4 Repackaging ex cept when un packed solely for the purpose of in spection demon stration testing or the substitution of parts under in structions from the manufacturer and then repackaged in the original con tainer 5 Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or normal ly undertakes to make in the usual course of busi ness in connection with the distribution or sale of the products 6 Demonstration in stallation servicing Includes copyrighted material of Insurance Services Office Inc. with its permission. or repair opera tions except such operations per formed at the ven dor s premises in connection with the sale of the product 7 Products which af ter distribution or sale by you. have been labeled or re labeled or used as a container part or ingredient of any other thing or sub stance by or for the vendor or 8 Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omis sions or those of its employees or anyone else acting on its behalf. How ever this exclusion does not apply to a The excep tions contained in Paragraphs c i 4 or 6 of this en dorsement or b Such inspec tions adjust ments tests or servicing as the vendor has agreed to make or nor mally under takes to make in the usual course of business. in connection with the distri bution or sale of the prod ucts. i This insurance does not apply to any insured person or organization 1 From whom you have acquired such products or any ingredient part Page 12 of 17 GA 2330917 | 2 |
e Mortgagee Assignee Or Receiver Any person or organization with whom you have agreed per Paragraph 8.a.1 of this endorsement to provide in surance but only with re spect to their liabilty as mortgagee assignee or re ceiver and arising out of the ownership. maintenance or use of the premises by you. However this insurance does not apply to structural alterations new construction and demolition operations performed by or for that per son or organization. 3 The insurance afforded to addi tional insureds described in Par agraph 8.a.1 of this endorse ment b Only applies to the extent permitted by law and Will not be broader than that which you are required by the written contract written agreement written permit or written authorization to pro vide for such additional in sured and Does not apply to any per son organization vendor state governmental agency or subdivision or political subdivision. specifically named as an additional in sured under any other provi sion of. or endorsement added to this Coverage Part. provided such other provision or endorsement covers the injury or damage for which this insurance ap plies. With respect to the insurance afford ed to the additional insureds de scribed in Paragraph 8.a.1 of this endorsement the following is added to Section Ill Limits Of Insurance The most we will pay on behalf of the additional insured is the amount of in surance 1 Required by the written contract. written agreement. written permit or written authorization described or container. enter ing into. accompa nying or containing such products or 2 When liability in cluded within the products completed opera tions hazard has been excluded un der this Coverage Part with respect to such products. d State Or Governmental Agency Or Subdi Political Subdi Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po litical subdivision with which you have agreed per Para graph 8.a.1 of this en dorsement to provide insur ance subject to the follow ing additional provision This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub division has issued a permit or authorization in connec tion with premises you own rent or control and to which this insurance applies i The existence mainte nance repair. construc tion. erection or removal of advertising signs. awnings. canopies cel lar entrances. coal holes driveways man holes. marquees. hoist away openings. side walk vaults. street ban ners or decorations and similar exposures or i The construction erec tion or removal of eleva tors or iii The ownership mainte nance or use of any el evators covered by this insurance. Includes copyrighted material of Insurance Services Office Inc.. with its permission. GA 2330917 Page 13 of 17 | 2 |
in Paragraph 8.a.1 of this en dorsement or 2 Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Section IV Commercial General Liability Conditions is amended to include the following Automatic Additional Insured Pro vision This insurance applies only if the bodily injury or property damage occurs or the personal and advertis ing injury offense is committed 1 During the policy period and 2 Subsequent to your execution of the written contract or written agreement. or the issuance of a written permit or written authori zation described in Paragraph 8.a.1.. Section IV Commercial General Liability Conditions is amended as follows Condition 5. Other Insurance is amended to include Primary And Noncontributory In surance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured per Paragraph 8.a.1 of this endorsement provided that 1 The additional insured is a Named Insured under such other insurance and 2 You have agreed in writing in a contract agreement permit or authorization described in 8.a.2 of this endorsement that this in surance would be primary and would not seek contribution from any other insurance available to the additional insured. tion And P Paragr sion dc ment lc not bei atthe t With re ed by ment sions a 2 De b 9. Property Damage To Borrowed Equip ment a. The following is added to Exclusion A 23309 17 2.j. Damage To Property under Sec Includes copyrighted material of Insurance Services Office. Inc. with its permission. tion Coverage A Bodily Injury And Property Damage Liability Paragraphs 3 and 4 of this exclu sion do not apply to tools or equip ment loaned to you. provided they are not being used to perform operations at the time of loss. With respect to the insurance provid ed by this section of the endorse ment the following additional provi sions apply 1 The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance. 9. Property Damage To Borrowed Equipment of this endorsement with respect to coverage provid ed by this endorsement. These limits are inclusive of and not in addition to the limits being re placed. The Limits of Insurance shown in Section B. Limits Of Insurance. 9. Property Damage To Borrowed Equipment of this endorsement fix the most we will pay in any one occurrence re gardless of the number of a Insureds b Claims made or suits brought or c Persons or organizations making claims or bringing suits. 2 Deductible Clause a Our obligation to pay dam ages on your behalf applies only to the amount of dam ages for each occurrence which are in excess of the Deductible Amount stated in Section B. Limits Of Insur ance 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re duced by the application of such deductible amount. b Section IV Commercial General Liability Condi tions 2. Duties In The Event Of Occurrence Of fense Claim Or Suit ap plies to each claim or suit irrespective of the amount. Page 14 of 17 GA 2330917 | 2 |
12. 13. 14 15. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft Auto Or Watercraft under Sec tion Coverage A Bodily Injury And Property Damage Liability This exclusion does not apply to an air craft you do not own. provided that a. The pilot in command holds a current effective certificate issued by a duly constituted authority of the United States of America or Canada. desig nating that person as a commercial or airline transport pilot b. The aircraft is rented with a trained. paid crew and c. The aircraft does not transport per sons or cargo for a charge. Bodily Injury Redefined Section V Definitions 4. Bodily injury is replaced by the followin 4. Bodily injury means bodily harm or injury. sickness disease disability humiliation. shock. fright mental an guish or mental injury. including care. loss of services or death resulting from any of these at any time. Expected Or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex pected Or Intended Injury under Sec tion Coverage A Bodily Injury And Property Damage Liability is replaced by the following This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect per sons or property. Former Employees As Insureds The following is added to Paragraph 2. under Section Il Who Is An Insured 2. Each of the following is also an in sured Any of your former employees. di rectors managers members part ners or executive officers including but not limited to retired. disabled or those on leave of absence but only for acts within the scope of their em ployment by you or for duties related to the conduct of your business. c We may pay any part or all of the deductible amount to effect settlement of any claim or suit and. upon no tification of the action taken you shall promptly reim burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds Specified 1 Health Care Services And Good Samar itan Services Paragraph 2.a.1d under Section Il Who Is An Insured does not apply to a. Your employees who provide pro fessional health care services on your behalf as a duly licensed nurse. emergency medical technician or paramedic in the jurisdiction where an occurrence or offense to which this insurance applies takes place or b. Your employees or volunteer work ers other than an employed or vol unteer doctor. providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du ties related to the conduct of your business. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence Offense Claim Or Suit under Section IV Com mercial General Liability Conditions is replaced by the following a. You must see to it that we are notified as soon as practicable of an occur rence or an offense which may result in a claim. To the extent possible no tice should include 1 How. when and where the oc currence or offense took place 2 The names and addresses of any injured persons and wit nesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. This requirement applies only when the occurrence or offense is known to an authorized representative. Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Page 15 of 17 GA 2330917 | 2 |
16. Voluntary Property Damage Coverage a. Coverage D Voluntary Property Damage Coverage Section Coverages is amended to include the following 1 Insuring Agreement 123309 17 a We will pay the cost to re pair or replace property damage to property of oth ers arising out of operations incidental to. your business when 1 Damage is caused by you or 2 Damage occurs while in your possession. At your written request we will make this payment re gardless of whether you are at fault for the property damage. If you at our request re place. or make any repairs to damaged property of others the amount we will pay under Voluntary Prop erty Damage Coverage will be determined by your actu al cost to replace or repair the damaged property ex cluding any profit or over head. Any payment we make un der Voluntary Property Damage Coverage shall not be interpreted as an admis sion of liability by you or by us. It shall be your duty not our duty to defend any claim or suit to which this insurance applies. No other obligation or liabil ity to pay sums or perform acts or services is covered. b This insurance applies to property damage only if 1 The property damage takes place in the cov erage territory and 2 The property damage occurs during the policy period. 2 Exclusions 3 This insurance does not apply to property damage that would be excluded by Coverage A Bodi ly Injury And Property Damage Liability 2. Exclusions except for j. Damage To Property. par agraphs 3 4 S and 6. k. Damage To Your Product and I. Damage To Your Work. Definitions For purposes of Voluntary Property Damage Coverage only. the following definitions un der Section V Definitions are replaced by the following 16. Occurrence means an in cident inciuding continuous or repeated exposure to substantially the same gen eral harmful conditions that result in property damage. 20. Property damage means physical injury to tangible property. Electronic data is not tangible property and property damage does not include disappearance ab straction or theft. b. Care Custody Or Control Liability Coverage For purposes of the coverage provid ed by Care Custody Or Control Li ability Coverage in this endorsement only 1 Section Coverage A Bodily 3 Injury And Property Damage Liability 2. Exclusions j. Damage To Property Subpara graphs 3 4 and 5 do not ap ply to property damage to the property of others described therein. It shall be your duty. not our duty to defend any claim or suit to which this insurance applies. No other obligation or lability to pay sums or perform acts or ser vices is covered. This Paragraph 2 supersedes any provision in the Coverage Part to the contrary. Property damage for which Care Custody Or Control Lia bility Coverage provides cover Includes copyrighted material of Insurance Services Office Inc with its permission. Page 16 of 17 GA 2330917 | 2 |
17. 18. 3 The Voluntary Property Dam age Coverage Aggregate Limit Of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies separately to each cov erage term. 4 Deductible Clause a Our obligation to pay dam ages on your behalf applies only to the amount of dam ages for each occurrence which are in excess of the Deductible Amount stated for the applicable coverage in the Schedule. The limits of insurance will not be re duced by the application of such Deductible Amount. b Section IV Commercial General Liability Condi tions 2. Duties In The Event Of Occurrence Of fense Claim Or Suit ap plies to each claim or suit irrespective of the amount. c We may pay any part or all of the Deductible Amount to effect settlement of any claim or suit and. upon no tification of the action taken you shall promptly reim burse us for such part of the Deductible Amount as has been paid by us. Broadened Contractual Liability Work Within 50 Of Railroad Property Section V Definitions 12. Insured con tract is amended as follows a. Paragraph c. is replaced by the fol lowing c. Any easement or license agree ment b. Paragraph f.1 is deleted in its entire ty. Alienated Premises Exclusion 2j. Damage to Property Paragraph 2 under Section Cover age A Bodily Injury And Property Damage Liability does not apply if the premises are your work. age shall be deemed to be caused by an occurrence but shall not serve to limit or restrict the applicability of any exclusion for property damage under this Coverage Part. Limits Of Insurance And Deducti bles For purposes of the coverage provid ed by Voluntary Property Damage Coverage and Care Custody Or Control Liability Coverage Section Wl Limits Of Insurance is amended to include the following L 2 The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits Of Insurance 16. Voluntary Property Damage Coverage And Care Custody Or Control Liability Coverage in this endorsement. These limits are inclusive of and not in addi tion to. the limits being replaced. The Limits of Insurance shown in the Schedute fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought or c Persons or organizations making claims or bringing suits. a Subject to 3 below. the Voluntary Property Dam age Coverage Each Occur rence Limit Of Insurance is the most we will pay for the sum of damages under Vol untary Property Damage Coverage b The Care Custody Or Con trol Liability Coverage Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Care Custody Or Control Liability Coverage because of all property damage arising out of any one occur rence. Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Page 17 of 17 GA 2330917 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ing out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. B. The following is added to Paragraph 2. Exclu sions of Section Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information. including patents trade secrets processing methods cus tomer lists financial information. credit card information. health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs. credit monitoring expenses forensic expenses. public relations expenses or any other loss. cost or expense incurred by you or others arising out of any access to or dis closure of any person s or organization s confidential or personal information. Exclusion 2.s. of Section Coverage A Bodily Injury and Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to s. Access or Disclosure of Confiden tial or Personal Information and Data Related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal informa tion including patents. trade se crets processing methods cus tomer lists. financial information. credit card information. health in formation or any other type of nonpublic information or 2 The loss of. loss of use of dam age to. corruption of. inability to access. or inability to manipulate electronic data. This exclusion applies even if dam ages are claimed for notification costs credit monitoring expenses fo rensic expenses. public relations ex penses or any other loss cost or ex pense incurred by you or others aris Includes coorighed material of Insurance Services Office. Inc.. withits permission. GA 3024 05 14 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS BROAD FORM WITH SPECIFIED EXCEPTIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liabil ity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 1. This insurance does not apply to bodily injury. property damage or personal and advertising injury that arises out of. is caused by. or is attributable to whether in whole or in part an EIFS DEFS inci dent Exclusion 1. above also applies to any bodily injury. property damage or per sonal and advertising injury a. For which an additional insured add ed by attachment of an endorsement to this Coverage Part is legally obli gated to pay damages b. For which any insured assumes lia bility in any part of any contract or agreement regardless of whether such contract or agreement is an in sured contract c. Arising out of. caused by or attribut able to whether in whole or in part. warranties or representations made at any time with respect to the fit ness quality durability or perfor mance of a wall finish system and d. Arising out of caused by. or attribut able to. whether in whole or in part. the providing of or failure to provide any warnings or instructions with re gard to a wall finish system. Exclusions 1. and 2. above apply only if the injury or damage is caused. directly or indirectly in whole or in part by water related or moisture related entry into or dry rot of a structure to which a wall fin ish system has been installed and only if that water related or moisture related en try. or dry rot. is caused. directly or indi rectly. in whole or in part. by the wall fin ish system. Regardless of the applicability of Para graph 3. above. exclusions 1. and 2 above do not apply to an EIFS DEFS in cident if all three of the following condi tions are met a. The wall finish system is a draina ble or water managed system and b. The substrate that forms a part of the wall finish system or to which the wall finish system is attached. is noncombustible. such as gypsum sheathing. or is one of the following types of construction 1 Noncombustible construction meaning structures where the exterior walls and the floors are constructed of and supported by. metal gypsum or other non combustible materials or 2 Masonry noncombustible con struction meaning structures where the exterior walls are constructed of masonry materi als such as adobe brick con crete gypsum block. hollow concrete block stone tile of similar materials with the floors and roof being metal or other noncombustible materials or 3 Modified fire resistive or fire re sistive construction meaning structures where the exteriol walls and the floors and roof are constructed of masonry or fire resistive materials having a fire resistance rating of one hour o more and c. The structure on which the wall fin ish system is installed is not intend ed for residential occupancy. rectly. in whole or in part. by the wall fin ish system. Regardless of the applicability of Para graph 3. above. exclusions 1. and 2. above do not apply to an EIFS DEFS in cident if all three of the following condi tions are met b. The wall finish system is a draina ble or water managed system and The substrate that forms a part of the wall finish system or to which the wall finish system is attached. is noncombustible. such as gypsum sheathing. or is one of the following types of construction 1 Noncombustible construction meaning structures where the exterior walls and the floors are constructed of. and supported by. metal gypsum or other non combustible materials or 2 Masonry noncombustible con struction meaning structures where the exterior walls are constructed of masonry materi als such as adobe brick con crete gypsum block. hollow concrete block stone tile or similar materials with the floors and roof being metal or other noncombustible materials or 3 Modified fire resistive or fire re sistive construction meaning structures where the exterior walls and the floors and roof are constructed of masonry or fire resistive materials having a fire resistance rating of one hour or more and The structure on which the wall fin ish system is installed is not intend ed for residential occupancy. Includes copyrighted material of Insurance Services Office. Inc.. with its permission. GA 369 09 17 Page 10of4 | 2 |
B. Forpurposes of this endorsement. the follow ing is added to Section Ill Limits Of Insur ance 1. Deductible Amount a. Our obligation to pay damages under this insurance applies. only to the amount of damages for each EIFS DEFS incident which are in excess of a deductible amount of 5000. The limits.of insurance will not be reduced by the application of such deductible amount. b. We may pay any part or all of the de ductible amount to effect settlement of any claim or suit.and upon noti fication of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 2. Limit Reduction Paragraph 2. the General Aggregate Limit Paragraph 3. the Products Completed Operations Aggregate Limit Paragraph S. the Each Occurrence Limit Paragraph 6. the Damage To Premises Rented To You Limit and Paragraph 7.. the Medical Expense Limit. of Section It Limits Of Insurance. if applicable will be reduced by the amount of damages we pay for all bodily injury and property damage arising out of an EIFS DEFS incident. C. For purposes of this endorsement only Sec tion IV Commercial General Liability Conditions 2. Duties In The Event Of Oc currence Offense Claim Or Suit is replaced by the following 2. Duties In The Event Of Incident Claim Or Suit a. You must see to it that we are noti fied as soon as practicable of an EIFS DEFS incident that may result in a claim irrespective of the amount. To the extent possible notice should include 1 What the incident was and when it occurred and 2 The names and addresses of anyone who may suffer damag es as a result of the incident. 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 sement the follow I Limits Of Insur ay damages under plies. only to the nages for each ent which are in uctible amount.of of insurance will the application of rount. art or all of the de effect settlement iit and upon noti on taken you shall e us for such part amount as has eneral Aggregate the Products Aggregate Limit Occurrence Limit 1age To Premises and Paragraph 7.. imit of Section It. if applicable will ount of damages jury and property f an EIFS DEFS sement only Sec General Liability he Event Of Oc r Suit is replaced f Incident Claim that we are noti practicable of an nt that may result i ve of the amount. ble. notice should ent was and when i nd addresses of ay suffer damag f the incident. or suit is brought. you must cord the specifics or suit and the and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices sum monses 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 investi gation or settlement of the clai or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organiza tion which may be liable to the insured because of an incident to which this insurance may also apply. No insured will except at that in sured s own cost. voluntarily make a payment assume any obligation or incur any expense without our con sent. D. For the purpose of this endorsement only Section V Definitions is amended to include the following 1. The following definitions are added a. Direct applied exterior finish system commonly referred to as DEFS means an exterior cladding or finish system and all component paits therein used on any part of any structure and consisting of 1 A rigid or semi rigid substrate 2 The adhesive andor mechanical fasteners used to attach the substrate to the structure includ ing any water durable exterior wall substrate 3 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface texture to which color may be added and 5 Any conditioners primers ac cessories flashing. coatings caulking or sealants used with the system for any purpose Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 2 of 4 Page 2 of 4 GA 369 09 17 | 2 |
59 09 17 that interact to form an energy effi cient wall. Drainable or water managed sys tem means a wall finish system 1 With a secondary weather resistant barrier that protects the substrate and 2 Thatincludes a drainage feature that is specifically designed to channel water to the outside of the wall finish system. Exterior insulation and finish sys tem commonly referred to as syn thetic stucco or EIFS means an ex terior cladding or finish system and all component parts therein used on any part of any structure. and con sisting of 1 A rigid or semi rigid insulation board made of expanded poly styrene or other materials 2 The adhesive andor mechanical fasteners used to attach the in sulation board to the substrate 3 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface texture to which color may be added and 5 Any conditioners. primers ac cessories flashing. coatings. caulking or sealants used with the system for any purpose that interact to form an energy effi cient wall. EIFS DEFS incident means an inci dent that would not have occurred. in whole or in part. but for 1 The design. manufacture sale. service handling. construction. fabrication. preparation. installa tion application maintenance. disposal or repair including re modeling service correction or replacement. of a wall finish system. or any part thereof in cluding any method or proce dure used to correct problems with installed or partially installed wall finish systems or 2 Any work or operations conduct ed by or on behalf of any insured on or to a wall finish system or any component thereof or any component of a building or struc ture to which a wall finish sys tem attaches that results. di rectly or indirectly in the intru sion of water or moisture includ ing any resulting development or presence of fung or bacteria on or within a building or struc ture including its contents. re gardless of whether any other cause. event material or product contributed concurrently or in any sequence to such injury or damage. Fungi means any type or form of fungus and includes. but is not lim ited to. any form or type of mold mushroom or mildew and any myco toxins spores scents or byproducts produced or released by fungi. Residential means 1 A structure used or intended. in whole or in part for the purpose of human habitation. and in cludes. but is not limited to. sin gle family housing. multi family housing. tract homes condomin iums cooperatives townhomes. townhouses planned unit de velopments and timeshares 2 A structure converted. or being converted in whole or in part. in to condominiums or coopera tives and 3 Common areas and grounds appurtenant structures and facili ties of the structures described in D.1..1 and 2 above. ex cept a public street public road public right of way. or public utili ty easement located on or near such common areas and grounds. Residential does not include 1 Hospitals jails or prisons and 2 Provided there is no individual ownership of units and that such was not in whole or in part at any time marketed sold. occu pied or used as single family housing. multi family housing or as a condominium cooperative townhouse. townhome or timeshare a Government housing on mil itary bases b Collegelunwersrly dormito ries Includes copyrighted material of Insurance Services Office. Inc.. with its permission. Page 3 of 4 Page 3 of 4 GA 369 09 17 | 2 |
c Apartments d Long term care facilities e Assisted living facilities Nursing homes and g Hotels or motels. Wall finish system means 1 An exterior insulation and finish system 2 A direct applied exterior finish system or 3 Any energy efficient exterior cladding or finish system sub stantially similar to Paragraph D.1.g.1 or 2 above. 2. Definition 21. Suit is replaced by the fol lowing 21. Suit means a civil proceeding in which damages because of an EIFS DEFS incident to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or An appeal of a civil proceeding. Includes copyrighted material of Insurance Services Office Inc.. with its permission. Paged4 of 4 GA 369 09 17 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions This insurance does not apply to Fungi or Bacteria Bodily injury or property damage caused directly or indirectly in whole or in part by any actual alleged or threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of any fungi or bacteria on or within a building or structure including its contents whether occurring sud denly or gradually Any loss cost or expense associ ated in any way with or arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing. remediating mitigating or disposing of ol any way responding to in vestigating or assessing the effects of fungi or bacteria by any insured or by any other person or entity Any liability with respect to fungi or bacteria arising out of. resulting from caused by contributed to or in any way related to any supervision instruction recommendation warn ing or advice given or which should have been given in connection with 1 The existence of fungi or bac teria 2 The prevention of fungi bacteria 3 The remediation of fungi bacteria 4 Any operation described Paragraph A. 2. b. above 5 Your product or 6 Your work or d. Any obligation to share damage with or repay any person organiz tion or entity related in any way the liability excluded in Paragrapl A.2.a.b.orc.above regardless of any other cause ever material product and or building cor ponent that contributed concurrently or any sequence to the injury or damage. However this exclusion does not apply any fungi or bacteria that are are on are contained in a good or product i tended for human ingestion. The following exclusion is added to Paragraj 2. Exclusions of SECTION COVERAGE COVERAGE B. PERSONAL AND ADVE TISING INJURY LIABILITY Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injui caused directly or indirectly in whc or in part by any actual alleged threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of i to Paragraph 2 COVERAGES. The prevention of fungi or bacteria J.URV AND 3 The remediation of fungi or. bacteria 4 Any operation described in ply to Paragraph A. 2. b. above 5 Your product or erty damage 6 Your work or Jeaclllylzgvgoler d. Any obligation to share damages with or repay any person organiza tion or entity related in any way to the liability excluded in Paragraphs A.2.a.b.orc.above regardless of any other cause event material product and or building com ponent that contributed concurrently or in any sequence to the injury or damage. However this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product in tended for human ingestion. on or within a B. The following exclusion is added to Paragraph including its 2. Exclusions of SECTION COVERAGES. ceurring sud COVERAGE B. PERSONAL AND ADVER TISING INJURY LIABILITY pense associ 2. Exclusions r arising out of or monitoring This insurance does not apply to. taining 9 n zmlg Fungi or Bacteria or disposing a. Personal and advertising injury ponding to in ing the effects by any insured caused directly or indirectly in whole or in part by any actual alleged or threatened or entity Inhalati f ct to fungi or 1 Inhalation o of resulting 2 Ingestion of ibuted to or in. y supervision 3 Contact with ndation warn i X r which should 4 Absorption of nnection with 5 Exposure to fungi or bac 6 Existence of or Includes copyrighted material of ISO Properties Inc. with its permission. Presence of Page 1 of 2 GA 38203 02 Page 1 of 2 | 2 |
any fungi or bacteria on or within a building or. structure including its contents whether occurring sud denly or gradually Any loss cost or expense associ ated in any way with or arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating mitigating or disposing of or in any way responding to in vestigating or assessing the effects of fungi or bacteria by any insured or by any other person or entity Any liability with respect to fungi or bacteria arising out of resulting from caused by contributed to or in any way related to any supervision instruction recommendation warn ing or advice given or which should have been given in connection with 1 The existence of fungi or bac teria 2 The prevention of fungi or bacteria 3 The remediation of fungi or bacteria 4 Any operation described in Paragraph B. 2. b. above 5 Your product or 6 Your work or d. Any obligation to share damages with or repay any person organiza tion or entity related in any way to the liability excluded in Paragraphs B.2.a b.orc. above regardless of any other cause event material product and or building com ponent that contributed concurrently or in any sequence to the injury or damage. However this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product in tended for human ingestion. C. For the purposes of this endorsement SEC TION V DEFINITIONS is amended to include the following Fungi means any type or form of fungus and includes but is not limited to any form or type of mold mushroom or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 2 GA 382 03 02 | 2 |
MISSOURI CHANGES DUTIES IN THE EVENT OF OCCURRENCE OFFENSE CLAIM OR SUIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENDED LIABILITY ENDORSEMENT CONTRACTORS COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT itis agreed that Section C. Coverages 1. Employee Benefit Liability Coverage. d.12.b. Additional Conditions is deleted in its entirety and re placed by the following b. Ifaclaim is made or suit is brought against any insured you must see that we are notified as soon as practicable of the claim or suit. GA 4150 MO 02 02 | 2 |
GA 4205 IL 1001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES KNOWN INJURY OR DAMAGE Paragraph d. of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insur ing Agreement is deleted in its entirety and replaced by the following d. You will be deemed to know that bodily injury or property damage has oc curred at the earliest time when any authorized representative 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes the bodily injury or property damage 4 Becomes aware by any means other than as described in 3 above that bodily injury or property damage had occurred or had begun to occur or 5 Becomes aware of a condition from which bodily injury or property damage was substantially certain to oceur. B. SECTION COVERAGES COVERAGE A. BODILY INJURY AND PRObERTYDAMAGE LIABILITY 2. Exclusions r. Additional In sured Prior Knowledge is deleted in its en tirety and replaced by the following r. Additional Insured Prior Knowledge An additional insured added by attach ment of an endorsement to this Coverage Part that is seeking coverage for a claim or suit if that additional insured knew. per the following paragraph that bodily injury or property damage had oc curred or had begun to occur in whole or in part prior to the coverage term in which such bodily injury or property damage occurs or begins to occur. An additional insured added by attach ment of an endorsement to this Coverage Part will be deemed to have known that bodily injury or property damage has occurred or has begun to occur at the earliest time when that additional insured. or any one of its owners members part This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART ners managers executive officers em ployees assigned to manage that addi tional insured s insurance program or employees assigned to give or receive notice of an occurrence personal and advertising injury offense claim or suit 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes the bodily injury or property damage 4 Becomes aware by any means other than as described in 3 above that bodily injury or property damage had occurred or had begun to occur or 5 Becomes aware of a condition from which bodily injury or property damage was substantially certain to occeur. C. COVERAGE B. PERSONAL AND ADVER TISING INJURY LIABILITY 1. Insuring Agreement is deleted in its entirety and re placed by the following 1. Insuring Agreement a. We will pay those sums that the in sured becomes legally obligated to pay as damages because of per sonal and advertising injury to which this insurance applies. We will have the rigm and duty to defend the in sured against anz1 suit seekin those damages. However we wil have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not ap ply. We may at our discretion in vestigate 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 lll LIMITS OF IN SURANCE 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 SECTION Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 r 3 Fir 4 Be 5 Be C. COVERAG TISING N Agreemen placed by i 1. Insurir a W 2 | 2 |
COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY SECTION 1 COVERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY or medical expenses under SECTION COVER AGES COVERAGE C. MEDI CAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAY MENTS COVERAGES A AND B. b. This insurance applies to personal and advertising injury only if 1 The personal and advertising injury is caused by an offense anising out of your business and 2 The personal and advertising injury offense was committed in the coverage territory during the policy period. D. COVERAGE B. PERSONAL AND ADVER TISING INJURY LIABILITY 2. Exclusions q. Additional Insured Prior knowledge is de leted in its entirety. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 GA 42051L10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The provisions of this endorsement apply only with respect to property damage to or resulting from your work property damage resulting from your product. and bodily injury resulting from your work and your product. The following coverage is afforded hereunder A. Section Coverage A Bodily Injury And Property Damage Liability 1. Insuring Agreement a. is amended to include damag es which you become legally obligated to pay because of property damage that is 1 To your work if the damaged work or the work out of which the damage arises was performed on your behalf by a sub contractor or 2 To property other than your product or your work if the property damage is caused by or results from your product or your work if such property damage 1 Consists of physical injury to tangible property including all immediately ensu ing. resulting loss of use of that property and 2 Is included within the products completed operations hazard. Property damage for which this Paragraph A. provides coverage shall be deemed to be caused by an occurrence. However we will not pay for property dam age that was a result of willful. wanton or in tentional misconduct. Section Coverage A Bodily Injury And Property Damage Liability 1. Insuring Agreement a. is amended to include damag es which you become legally obligated to pay because of bodily injury that is caused by or results from your work or your product if such bodily injury is included within the products completed operations hazard. Bodily inury. for which this Paragraph B. pro vides coverage shall be deemed to be caused by an occurrence. However we will not pay for bodily injury that was a result of willful. wanton or intentional misconduct. With respect to the coverage provided under Paragraphs A. and B.. this endorsement does not serve to limit or restrict the applicability of any exclusion or limitation under this Cover age Part. Section IV Commercial General Liability Conditions 4. Liberalization is amended to include the following 4. Liberalization If a Coverage Part includes GA 4315 06 09. Property Damage Caused By Work Performed For You By Your Subcontrac tors. or GA 4315 03 12 Injury Or Dam age To Or Resulting From Your Work And Injury Or Damage Resulting From Your Product this endorsement will apply ret roactively for the period GA 4315 06 09 or GA 4315 03 12 was effective on that Coverage Part. However this Liberaliza tion Condition does not apply to closed claims. Section IV Commercial General Liability Conditions 5. Other Insurance is deleted in its entirety and replaced by the following S. OtherInsurance If other valid and collectible insurance is available to the insured for a loss we cov er under this endorsement. our obliga tions are limited as follows a. Excess Insurance This insurance is excess except when b. below applies. This insur ance is excess over any other insur ance whether primary excess con tingent or on any other basis. except However we will not pay for bodily injury that was a result of willful. wanton or intentional misconduct. With respect to the coverage provided under Paragraphs A. and B.. this endorsement does not serve to limit or restrict the applicability of any exclusion or limitation under this Cover age Part. Section IV Commercial General Liability Conditions 4. Liberalization is amended to include the following 4. Liberalization If a Coverage Part includes GA 4315 06 09. Property Damage Caused By Work Performed For You By Your Subcontrac tors. or GA 4315 03 12 Injury Or Dam age To Or Resulting From Your Work And Injury Or Damage Resulting From Your Product this endorsement will apply ret roactively for the period GA 4315 06 09 or GA 4315 03 12 was effective on that Coverage Part. However this Liberaliza tion Condition does not apply to closed claims. Section IV Commercial General Liability Conditions 5. Other Insurance is deleted in its entirety and replaced by the following S. OtherInsurance If other valid and collectible insurance is available to the insured for a loss we cov er under this endorsement. our obliga tions are limited as follows a. Excess Insurance This insurance is excess except when b. below applies. This insur ance is excess over any other insur ance whether primary excess con tingent or on any other basis. except when such insurance is written spe GA 43150319 Page 1 of 2 | 2 |
mary andor noncontributory as re spects any other insurance policy is sued to an additional insured and such other insurance policy shall be excess andor noncontributing. whichever applies with this insur ance. cifically to be excess over this insur ance. Primary or Prima ry Noncontributory Insurance Where required by a written contract or agreement this insurance is pri Page 2 of 2 GA 43150319 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES TRANSFER OF RIGHTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 9. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section V does not apply to COVERAGE C. MEDICAL PAYMENTS. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA4339KS 07 10 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT AGREEMENT PERMIT OR AUTHORIZATION ILLINOIS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured Owners Lessees Or Contractors Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. GA 4721L 09 18 Section Il Who Is An Insured is amended to include as an additional in sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in sured on this Coverage Part. Such per sons or organizations is an additional insured only with respect to liability for a. Bodily injury. property damage or personal and advertising injury caused. in whole or in part. by the performance of your ongoing opera tions by you or on your behalf under that written contract or written agreement. Ongoing operations does not apply to bodily injury or proper ty damage occurring after 1 Al work. including materials. parts or equipment furnished in connection with such work. on the project other than service. maintenance or repairs to be performed by or on behalf of the additional insureds at the loca tion of the covered operations has been completed or 2 That portion of your work out of which the injury or damage aris es has been put to its intended use by any person or organiza tion other than another contrac tor or subcontractor engaged in performing operations for a prin cipal as a part of the same pro ject and b. Bodily injury or property damage caused. in whole or in part. by your work performed under that written contract or written agreement and in cluded in the products completed operations hazard but only if 1 The Coverage Part to which this endorsement is attached pro vides coverage for bodily injury or property damage included within the products completed operations hazard and 2 The written contract or written agreement requires you to pro vide additional insured coverage included within the products completed operations hazard for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the products completed oper ations hazard for a specified length of time for that person or organiza tion. the bodily injury or property damage must occur prior to the ex piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10. without specifying an edition date. and without specifi cally requiring additional insured coverage included within the prod ucts completed operations hazard this Paragraph b. does not apply to that person or organization. If the written contract or written agree ment described in Paragraph 1. above specifically requires you to provide addi tional insured coverage to that person or organization a. Arising out of your ongoing opera tions or arising out of your work or Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 10f 3 GA 472 1L 09 18 | 2 |
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