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COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NUMBER MES RIVER INSURANCE COMPANY 00058707 0 41 WEST BROAD STREET. SUITE 300 JAMES RIVER INSURANCE COMPANY 6641 WEST BROAD STREET SUITE 300 RICHMOND VA 23230 AUG 2 6 2013 NAMED INSURED AND MAILING ADDRESS Ritz Asset Group Pickwick LLC 1201 West Redbridge Road Kansas City MO 64114 PRODUCER 20463 Med James Inc. Kansas 8595 College Boulevard Overland Park KS 66210 2. POLICY PERIOD From 07242013 to 07242014 1201 A.M. Standard Time at your Mailing Address above. IN RETURN FOR THE PAYMENT OF THE PREMIUM IN RELIANCE UPON THE STATEMENTS IN THE APPLICATIONS AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 50000 Any one premises MEDICAL EXPENSE LIMIT Excluded Any one person PERSONAL ADVERTISING INJURY LIMIT 1000000 Any one person or organization GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS 2000000 AGGREGATE LIMIT RETROACTIVE DATE CG 00 02 ONLY THIS POLICY IS ON A CLAIMS MADE AND REPORTED BASIS WHICH PROVIDES LIABILITY COVERAGE ONLY IF A CLAIM IS FIRST MADE AND REPORTED DURING THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. THIS INSURANCE DOES NOT APPLY TO BODILY INJURY PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY WHICH OCCURS BEFORE THE RETROACTIVE DATE IF ANY SHOWN BELOW. RETROACTIVE DATE NONE THIS IS NOT A CLAIMS MADE POLICY ENTER DATE OR NONE F NO RETROACTIVE DATE APPLIES DESCRIPTION OF BUSINESS FORM OF BUSINESS Limited Liability Co BUSINESS DESCRIPTION Private Parking Garage Any one premises Any one person Any one person or organization URY LIMIT ATIONS URS BEFORE THE MCO0001US 05 08 Page 1 of 2 | 2 |
ALL PREMISES YOU OWN RENT OR OCCUPY LOCATION NUMBER ADDRESS OF ALL PREMISES YOU OWN RENT OR OCCUPY 1 903 McGee 307 E 9th Kansas City MO 64106 CLASSIFICATION AND PREMIUM LOCATION CLASSIFICATION PREMIUM ADVANCE NUMBER BASE PREMIUM Parking private 185661 7500.00 Area Terrorism Acceptance l 375.00 TOTAL PREMIUM SUBJECT TO AUDIT S 7875.00 Company Fee 250.00 If checked premium shown is flat and not subject to audit TOTAL SHOWN IS PAYABLE AT INCEPTION Broker Fee 250.00 8125.00 AUDIT PERIOD IF APPLICABLE FREQUENCY Not Applicable ENDORSEMENTS ENDORSEMENTS ATTACHED TO THIS POLICY See attached schedule A Schedule of Forms THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. MC0001US 05 09 Page 2 of 2 | 2 |
SCHEDULE A FORMS AND ENDORSEMENTS THAT APPLY TO THIS POLICY POLICY NO. 00058707 0 FORM NUMBER DESCRIPTION MC0001US0509 Commercial General Liability Declarations GC0001US0304 Schedule A CG0001 1207 Commercial General Liability Coverage Form AP2103US0607 Minimum Policy Premium MC2105US1005 Deductible Endorsement MC2126US1207 Premium Base Endorsement AP1013US1005 Premium Aucdit Conditions Amended AP2104US1012 Common Policy Conditions AP2107US0403 Binding Arbitration AP2008US0712 Limitation of Coverage to Designated Premises CG0068 0509 Recording and Distribution of Material or Information in Violation of the Law Exclusion CG2136 0305 Exclusion New Entities CG2147 1207 Employment Related Practices Exclusion CG2167 1204 Fungi or Bacteria Exclusion 1L0021 0702 Nuclear Energy Liability Exclusion Endorsement Broad Form AP2029US1210 Combined Policy Exclusions AP2031US0411 Exclusion Cross Suits AP2036US1105 Absolute Pollution and Pollution Related Liability Exclusion AP2111US1105 Exclusion Punitive Damages GC2131U8 0403 Fiduciary Exclusion GC2141U8 0107 Exclusion Construction Activities MC2139US0403 Exclusion Coverage C Medical Payments CG2176 0108 Exclusion of Punitive Damages Related to a Certified Act of Terrorism AP2119US0912 Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses from Certified Acts of Terrorism AP5028A0108 Disclosure of Premium Pursuant to Terrorism Risk Insurance Act AP0100US0403 Privacy Policy DESCRIPTION GCO0001US 03 04 10f1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this in surance does not apply. We may at our discre tion investigate any occurrence and seftle any claim or suit that may result. But 1 The amount we will pay for damages is limited s described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tiements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage oceurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter the end of the policy period. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section Il Who Is An In sured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to ocour. CG 00011207 IS0 Properties Inc. 2006 Page1of16 O | 0 |
e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect 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 con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute res olution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damag es with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Page 20of 16 SQ Properties Inc. 2006 CG 00011207 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape 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 this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot 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 i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your pol icy as an additional insured with re spect to your ongoing operations 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 in sured other than that additional in sured or ifi Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Atorfrom any premises site or location which is or was at any time used by or for any insured or others for the han diing storage disposal processing or treatment of waste c Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or lo cation in connection with such opera tions by such insured contractor or sub contractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels ubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lub ricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor ii 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 connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or in directly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants CG 00011207 ISO Properties Inc. 2006 Page 3 of 16 m | 1 |
5 Bodily injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement 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 premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 3 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of poliutants or Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way responding to or assessing the effects of poliutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft auto or water craft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or b Page 4 of 16 ISO Properties Inc. 2006 CG 0001 1207 m | 1 |
5 That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Prem ises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 8 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage aris es was performed on your behalf by a subcon tractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. 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. As used in this exclusion 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.. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information CG 00011207 SO Properties Inc. 2006 Page 5 of 16 | 1 |
Exclusions. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the own er. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for per sonal and advertising injury to which this in surance does not apply. We may at our discre tion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and ad vertising injury. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period.. 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 has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have inthe absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied con tract 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 per formance made in your advertisement.. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patert trade mark trade secret or other intellectual property rights. Under this exclusion such other intellec tual property rights do not include the use of another s advertising idea in your advertise ment. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan.. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or Page 6 of 16 I1SO Properties Inc. 2006 CG 00011207 o | 1 |
3 An Internet search access content or service provider. However this exclusion does not apply to Par agraphs 14.a b. and c. of personal and ad vertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting.. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the 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 mis lead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 Request demand 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 govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental.au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising direct ly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy peri od b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay reason able expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devic es and 3 Necessary ambulance hospital sional nursing and funeral services. profes CG 00011207 IS0 Properties inc. 2006 Page 7 of 16 m | 1 |
2. Exclusions We will not pay expenses for bodily injury a. Any Insured Toany insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured.. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occu pies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard gd. Coverage A Exclusions Excluded under Coverage A. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. 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 depos ited 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.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed 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 SUPPLEMENTARY PAYMENTS COVERAGES A no conflict appears to exist between the inter AND B ests of the insured and the interests of the 1. We will pay with respect to any claim we investi Indemnitee gate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 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 b 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 coor dinating 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 c ly JUTv provided under a work isability benefits law or a s for the bodil ile practicing instructing physical exercises or tic contests. Operations Hazard ducts completed opera s age A. TS COVERAGES A to any claim we investi Page 8 of 16 ISC Properties Inc. 2006 CG 0001 1207 m | 1 |
b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses 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 Qur obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Ii 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 in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business.. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 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 du ties as your officers or directors. Your stock holders 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 du ties as trustees. 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 em ployees 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 li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business To the spouse child parent brother or sister of that coemployee or volun teer worker as a consequence of Para graph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property. a Owned occupied or used by b Rented to in the care custody or con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liability company b c CG 00011207 ISO Properties Inc. 2006 Page9of16 0O | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager.. 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 repre sentative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance availa ble 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. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION IIl LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained 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 A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 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 6. above the Medical Ex pense Limit is the most we will pay under Cover age 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 obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible 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 ought or Page 10 of 16 ISO Properties Inc. 2006 CG 00011207 a | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be fiable 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.. 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 seitlement 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obli gations are limited as follows a. Primary Insurance This insurance is primary except when Para graph 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 insur ance by the method described in Paragraph c. below. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner iii That is insurance purchased by you to cover your liability as a tenant for property damage to premises rent ed to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. b Any other primary insurance available to you covering liability for damages aris ing out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. 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 de fends we will undertake to do so but we will be entited to the insured s rights against all those other insurers. CG 00011207 S0 Properties Inc. 2006 Page 11 of 16 a | 1 |
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 in surance 4 We will share the remaining loss if any with any other insurance that is not de scribed 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 al s0. Under this approach each insurer contrib utes equal amounts until it has paid its applica ble 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 lim it of insurance to the total applicable limits of c. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them.. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. insurance of all insurers. 5. Premium Audit SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the eamed 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 information we need for premium computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us and or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Intemet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement.. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principaily garaged. However auto does not include mobile equip ment. el Page 12 of 16 ISO Properties Inc. 2006 CG 00011207 | 1 |
3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting 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 dam age 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 simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a seftlement we agree to. 5. Employee includes a leased worker. Employ ee does not include a temporary worker. 6. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be.. Impaired property means tangible properly other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rent ed to you or temporarily occupied by you with permission of the owner is not an insured con tract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition op erations 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 An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any 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 con struction 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 pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. P CG 0001 1207 ISO Properties Inc. 2006 Page 13 of 16 m | 1 |
10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker 11.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 aircratt watercraft or auto b. While it is in or on an aircraft watercraft or auto or. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered but loading or unioading does not include the movement of property by means of a mechanical device other than a hand truck that is not at tached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklits and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own o rent. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing 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.. or d. above maintained primarily for purposes other than the transportation of persons or car g 13. 14. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automabile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing 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 vehi cle insurance law in the state 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 au tos. Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecttion. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of priva cy 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. Page 14 of 16 IS0 Properties Inc. 2006 CG 00011207 o | 1 |
15.Poliutants 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. 18.Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing 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 con tract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or Products or operations for which the classi fication listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. b c 3 17.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter 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. 18.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 18.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties 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 a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles 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 du rability performance or use of your prod uct and. CG 00011207 ISO Properties Inc. 2006 Page 15 of 16 o | 1 |
2 The providing of or failure to provide warn ings or instructions.. Does not include vending machines or other property rented to or located for the use of oth ers 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 du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. IS0 Properties Inc. 2006 Page 16 of 16 CG 00011207 o | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MINIMUM POLICY PREMIUM This endorsement modifies and amends insurance provided under the following ALL COVERAGE PARTS This endorsement sets forth the minimum earned premium for the policy. The minimum earned premium for this policy is calculated in accordance with the following 1. The minimum premium for the policy period is 100 of the total policy premium as shown on the policy declarations page plus any premium adjustment by endorsements and any additional premium developed by audit. Audits that indicate a return premium will not reduce the minimum as stated in paragraph 1. If the insured cancels this policy and the policy is not subject to audit the return premium will be 90 of the unearned policy premium however in no event will the Company retain less than 25 of the minimum premium shown in paragraph 1. above. If the insured cancels this policy and the policy is subject to audit the earned premium will be determined by final audit however in no event will it be less than 25 of the minimum premium as described in paragraph 1. above. If the Company cancels the policy for any reason other than for non payment of premium then the insured will be returned the full amount of the unearned premium without any minimum premium restrictions. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2103US 06 07 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage Bodily Injury Liability OR Property Damage Liability OR Personal Advertising Injury OR Damage To Premises Rented To You OR Medical Payments OR Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Combined Amount and Basis of Deductible PERCLAIM or PER OCCURRENCE 2500 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductibles apply to damages for all bodily injury property damage or personal and advertising injury or medical expenses however caused A. Our obligation under the Bodily Injury Liability Property Damage Liability Personal andor Advertising Injury Medical Payments or any other coverages provided by this policy to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. The deductible amounts stated above will include loss payments adjustments investigative and legal fees and costs all whether or not loss payment is made.. We may select a deductible amount on either a per claim or a per occurrence basis. Our selected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. if the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a Under Bodily Injury Liabiiity Coverage to all damages sustained by any one person because of bodily injury b Under Property Damage Liability Coverage to all damages sustained by any one person because of property damage MC2105US 10 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Personal Advertising Injury Liability to all damages sustained by any one person or organization because of personal and advertising injury d Under Damage To Premises Rented To You all damages to any one premises while rented to you because of property damage e Under Medical Payments to all medical expenses sustained by any one person or Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses sustained by any one person or organization as the result of any one occurrence or offense. If damages are claimed for care loss of services or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person includes an organization. 2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a Under Bodily Injury Liability Coverage to all damages because of bodily injury b Under Property Damage Liability Coverage to all damages because of property damage Under Personal Advertising Injury Liability to all damages because of personal and advertising injury d Under Damage To Premises Rented To You all damages to any one premises while rented to you because of property damage e Under Medical Payments to all medical expenses because of an accident or f Under Bodily Injury Liability andor Property Damage Liability andor Personal Advertising Injury Liability andor Damage To Premises Rented To You andor Medical Payments Coverages Combined to all injury damage and medical expenses as the result of any one occurrence or offense regardless of the number of persons or organizations who sustain damages because of that occurrence or offense The terms of this insurance including those with respect to 1. Our right and duty to defend any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settiement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deductible amount as has been paid by us. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2105US 10 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM BASE ENDORSEMENT One or more of the following symbols may be entered under the Premium Base column of the Declarations. These symbols designate the base used for determining your premium. The following is a definition of these symbols when used as a premium base. Symbol Definition Area means The total number of square feet of floor space at the insured premises computed as follows For entire buildings by multiplying the product of the horizontal dimensions of the outside of the outer building walls by the number of floors including basements but do not use the area of the following 1. Courts and mezzanine types of floor openings. 2. Portions of basements or floors where 50 or more of the area is used for shop or storage for building maintenance dwelling by building maintenance employees heating units power plants or air conditioning equipment. 3. Fortenants determine the area they occupy in the same manner as for the entire buildings. The rates apply per 1000 square feet of area. Total Cost means The total cost of all work let or sublet in connection with each specific project including 1. The cost of all labor materials and equipment furnished used or delivered for use in the execution of the work. 2. Allfees bonuses or commissions made paid or due. The rates apply per 1000 of total cost. Admissions means The total number of persons other than employees or the named insured admitted to the event insured or to events conducted on the premises whether on paid admissions tickets complimentary tickets or passes. The rates apply per admission. Payroll means 1. Remuneration which includes money or substitutes for money. 2. Payroll includes a. Commissions bonuses pay for holidays vacations or periods of illness b. Extra pay for overtime. c. Payments by an employer or amounts otherwise required by law to be paid by employees to statutory insurance or pension plans such as Federal Social Security Act MC2126US 12 07 Page 10f 3 | 2 |
Payment to employees on any basis other than time worked such as piece work profit sharing or incentive plans Payment or allowance for hand tools or power tools used by hand provided by employees and used in their work or operations for the insured The rental value of an apartment or a house provided for an employee based on comparable accommodations Value of meals and lodging other than an apartment or house received by employees as part of their pay The value of store certificates merchandise credits or any other substitute for money received by employees as part of their pay The payroll of all drivers mobile equipment operators and their helpers whether or not the operators are designated or licensed to operate automobiles. If the operators and their helpers are provided to the insured along with equipment hired under contract and their actual payroll is not known use 13 of the total amount paid out by the insured for the hire of the equipment The payroll of executive officers and individual insureds and co partners Fees paid to employment agencies for temporary personnel provided to the insured 1. Payroll does not include a. b. c. d Tips and other gratuities received by employees Payments by an employer to group insurance or group pension plans for employees in accordance with the manuals in use by us The value of special rewards for individual invention or discovery Dismissal or severance payments except for time worked or accrued vacation The rates apply per 1000 of payroll. Gross Sales or Receipts means 1. The gross amount charged by the named insured concessionaires of the named insured or by others trading under the insured s name for a. Allgoods or products sold or distributed b. Operations performed during the policy period c. Rentals and d. Dues or fees. 2. Inclusions The following items shall not be deducted from gross sales a. Foreign exchange discounts b. Freight allowance to customers c. Total sales of consigned goods and warehouse receipts d. Trade or cash discounts e. Bad debts and f. Repossession of items sold on installments amount actually collected. 3. Exclusions The following items shall be deducted from gross sales a. Sales or excise taxes which are collected and submitted to a governmental division b. Credits for repossessed merchandise and products returned. c. Allowances for damaged and spoiled goods d. Finance charges for items sold on installments e. Freight charges on sales if freight is charged as a separate item on customers invoice and. Royalty income from patent rights or copyrights which are not product sales. MC2126US 12 07 Page 2 of 3 | 2 |
The rates apply per 1000 of gross sales. Each means The basis of premium involves units of exposure and the quantity comprising each unit of exposure is indicated in the Declarations such as per acre. The rates apply per unit of exposure. Unit 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. The rates apply per each unit. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2126U8 12 07 Page 30of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM AUDIT CONDITIONS AMENDED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PRODUCTS COMPLETED OPERATIONS COVERAGE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Item 5. Premium Audit is deleted and replaced with the following 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. We have the right but not the obligation to conduct physical audit of records needed for premium computation after the expiration of this policy. d. Your refusal to maintain or provide needed records or to allow us to conduct a physical audit of needed records will result in our developing and calculating a final audit premium based on information available to us and without your cooperation. if final premium audits calculated without your cooperation result in additional premium you are obligated to pay such additional premium. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP1013US 10 05 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMON POLICY CONDITIONS All Coverage Parts in this policy are subject to the following Conditions. 1. CANCELLATION AND NON RENEWAL A. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. B. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. C. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy will end on that date. E. Ifthis policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata unless cancellation is due to non payment of premium in which case the refund may be less than pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not madie or offered a refund. o F. If notice is mailed proof of mailing will be sufficient proof of notice. If we elect not to renew this policy we shall mail written notice to the First Named Insured at the address shown in the Declarations. Such written notice of non renewal shall be mailed at least 30 days prior to the end of the policy term 2. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. 3. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 4. 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. 5. SERVICE OF SUIT It is agreed that in the event of the failure of this Company to pay any amount claimed to be due hereunder this Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. Itis further agreed that service of process in such suit may be made upon the Company s President or his nominee at the address shown on the Declarations page of this policy and that in any suit instituted against any one of them upon this policy this Company will abide by the final decision of AP2104Us 10 12 Page 1 of 2 | 2 |
such Court or of any Appellate Court in the event of an appeal. The above named is authorized and directed to accept service of process on behalf of this Company in any such suit andor upon the request of the insured to give a written undertaking to the insured that it or they will enter a general appearance upon this Company s behalf in the event such a suit shall be instituted. Further pursuant to any statute of any state teritory or district of the United States of America which makes provision therefore this Company hereby designates the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as their true and lawful attorney upon whom may be served any lawful process inany action suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this contract of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 6. TERMS CONDITIONS AND PREMIUM On each renewal continuation anniversary of the effective date of the policy or on an annual basis the Company will determine the rate and premium andor amend the terms and conditions in accordance with the rates and rules then in effect. 7. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. In Witness Whereof this Company has executed and attested these presents but this policy shall not be valid unless signed by duly authorized representatives of this Company. VICE PRESIDENT PRESIDENT B e JirA Lkt Jlidect Zobt AP2104US 10 12 Page 2 0f 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BINDING ARBITRATION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS Should we and the insured disagree as to the rights and obligations owed by us under this policy including the effect of any applicable statutes or common law upon the contractual obligations otherwise owed either party may make a written demand that the dispute be subjected to binding arbitration. When such a request is made The American Arbitration Association shall be used with each party selecting an arbitrator from the list of qualified arbitrators for insurance coverage disputes provided by that Association. The two chosen arbitrators shall select a third arbitrator from the same list if they can not agree to a selection The American Arbitration Association shall make the selection for them. Each party shall bear the costs of its arbitrator and shall share equally the costs of the third arbitrator and of the arbitration process. A decision agreed to by two of the arbitrators will be binding. Inthe event you prevail in the arbitration and we promptly offer to you arbitration costs and reasonable attorney fees incurred in connection therewith in addition to the disputed contract benefit you shall have no right to sue us for breach of implied covenants or unreasonable withholding of contract benefits. To the extent that we prevail in the arbitration the arbitrators may award us any expenses andor damages incurred or paid under reservation of rights in excess of our contract obligations as determined by the arbitrators. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2107US 04 03 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABIITY COVERAGE PART COMMERCIAL EXCESS LIABIITY COVERAGE SCHEDULE Premises Loc n 1 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. This insurance applies only to bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of the premises shown in the above Schedule. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2008US 07 12 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 00 68 05 09 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion q. of Paragraph 2. Exclusions of Sec B. Exclusion p. of Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Proper tion I Coverage B Personal And Advertising ty Damage Liability is replaced by the following Injury Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to q. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 3 4 This insurance does not apply to p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and addi tions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmit ting communicating or distribution of material or information. 4 Page 1 of 1 o CG 00 68 05 09 Insurance Services Office Inc. 2008 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21360305 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION NEW ENTITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph 3. of Section Il Who Is An Insured does not apply. CG 213603 05 1SO Properties Inc. 2004 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 Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or 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 Person al 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 demo tion evaluation reassignment discipline defamation harassment humiliation dis crimination or malicious prosecution di rected 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 1 of 1 o | 2 |
COMMERCIAL GENERAL LIABILITY CG 21671204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage.. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or as sessing the effects of fungi or bacteria by any insured or by any other person or enti ty This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi Or Bacteria a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardiess of whether any other cause event material or product contributed con currently or in any sequence to such injury b. Any loss cost or expense 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 in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. age which vhole or in d or threat of contact or presence or within a ts contents her cause ibuted con such injury ising out of 1 g Cleaning g detoxify r disposing o or as om barin by CG 21671204 ISO Properties Inc. 2003 Page 1 of 1 o | 2 |
iL 0021 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nucle ar energy liability policy issued by Nuclear Energy Liability Insurance Association Mu tual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material ais at any nuclear 2 insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this palicy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. 3 facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri torles or possssswons or Can let Y B. Under any Medical Payments coverage to expenses incurred with respect to bodily inju ry resulting from the hazardous properties of nuclear material and arising out of the opera tion of a nuclear facility by any person or or ganization. C. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in 3 spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. IL 0021 07 02 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
c Any equipment or device used for the pro cessing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutoni um or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioac tive contamination of property. C 2. Asused in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nucle ar 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 packag ing waste IS0 Properties Inc. 2001 Page 2 of 2 IL 00 21 07 02 m | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED POLICY EXCLUSIONS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusions are added to this policy ABSOLUTE ASBESTOS LEAD OR SILICA EXCLUSION Injury or damages including any claim or suit arising out of resulting from caused or contributed to by Asbestos Lead or Silica is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising or alleged to have arisen out of same including but not limited to any a. Bodily injury personal and advertising injury property damage or damages of any type arising out of the inhalation ingestion physical exposure to absorption of or toxic substances of or from Asbestos Lead or Silica in any form or from any goods products or structures containing same or property damage or devaluation of property arising from any form of same or b. Existence of Asbestos Lead or Silica in any form in occupancy or construction or the manufacture sale transportation handling storage disposal or removal of same or goods or products containing same or c. Loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or inany way respond to or assess the effects of Asbestos Lead or Silica or 2 any litigation or administrative procedure in which any insured or others may be involved as a party in response to the effects or alleged effects of Asbestos Lead or Silica or d. Supervision instructions recommendations requests warnings or advice given or which should have been given as well as any costs including but not limited to abatement mitigation removal containment treatment detoxification neutralization or disposal of same or in any way responding to or assessing the effects of same or e. Actual or alleged Asbestosis Lead poisoning Silicosis or any other similar condition. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or b. An alleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission CLAIMS IN PROGRESS EXCLUSION a. This policy does not apply to bodily injury personal and advertising injury or property damage which begins or takes place before the inception date of coverage whether such bodily injury personal and advertising injury or property damage is known to an insured even though the nature and extent of such damage or injury may change and even though the damage may be continuous progressive cumulative changing or evolving and even though the occurrence causing such bodily injury personal and advertising injury or property damage may be or may involve a continuous or repeated exposure to substantially the same general harm. AP2029US 12 10 Page 1 of 2 | 2 |
All property damage to units of or within a single project or development and arising from the same general type of harm shall be deemed to occur at the time of damage to the first such unit even though the existence nature and extent of such damage or injury may change and even though the occurrence causing such property damage may be or involve a continuous or repeated exposure to substantially the same general harm which also continues or takes place in the case of repeated exposure to substantially the same general harm during the policy term. DISCRIMINATION EXCLUSION Discrimination charges of any kind actual and alleged are not covered under this policy nor are any expenses or obligation to share damages with or repay another who must pay damages from same. DAMAGES LIMITATION Damages mean a monetary judgment award or settlement. Damages do not include a. Civil or criminal fines sanctions or penalties whether imposed pursuant to statute or otherwise or b. Judgments or awards arising from acts or omissions deemed uninsurable by law or c. The restitution of consideration or expense paid to you for professional services rendered or which should have been rendered or d. Disputed fees or any actual or alleged personal profit or advantage to which you are not legally entitled or e. Equitable or non pecuniary relief. DUTY TO DEFEND EXCLUSION Where there is no coverage under this policy there is no duty to defend. PROFESSIONAL LIABILITY EXCLUSION Professional liability malpractice errors omissions or acts of any type including rendering or failure to render any type of professional service is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same unless such coverage is specifically endorsed onto this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2029US 12 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CROSS SUITS This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This insurance does not apply to bodily injury property damage or personal and advertising injury or any other claim for damages brought by any insured covered by this policy against any other insured that has an ownership interest in is operated controlled or managed by oris a parent subsidiary or affiliate of any such insured. This exclusion does not apply to any additional insured added to this policy by endorsement if such additional insured is 1. specifically named in the Schedule of such endorsement or 2. anindemnitee in a written contract or written agreement between any Named Insured and any additional insured signed before the date of the first occurrence or first offense and requiring the Named Insured to add such indemnitee as an additional insured Provided such additional insured a. is not a parent subsidiary or affiliate of the Named insured b. does not have any ownership interest in the Named insured. is not owned operated controlled or managed by the Named insured ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2031US 04 11 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE POLLUTION AND POLLUTION RELATED LIABILITY EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS The following exclusion is added to this policy. If the policy already includes a pollution exclusion or a poliution related exclusion such exclusions isare deleted and replaced with the following Pollution environmental impairment contamination is not covered under this policy nor are any expenses nor any obligation to share damages with or repay anyone else who must pay damages from same in conjunction with occurrences arising out of or alleged to have arisen out of same. Al liability and expense arising out of or related to any form of pollution whether intentional or otherwise and whether or not any resuiting injury damage devaluation cost or expense is expected by any insured or any other person or entity is excluded throughout this policy. This insurance does not apply to any damages claim or suit arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants including but not limited to any a. Bodily injury personal and advertising injury property damage or damages for the devaluation of property or for taking use or acquisition or interference with the rights of others in or on property or air space or any other type injury or expense or b. Any loss cost expense fines andor penalties arising out of any 1 request demand order governmental authority or directive or that of any private party or citizen action that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess same the effects of pollutants environmental impairments contaminants or 2 any litigation or administrative procedure in which any insured or others may be involved as a party as a result of actual alleged or threatened discharge dispersal seepage migration release escape or placement of pollutants environmental impairments or contaminants into or upon land premises buildings the atmosphere any water course body of water aquifer or ground water whether sudden accidental or gradual in nature or not and regardless of when. This exclusion applies regardless of whether a. Injury or damage claimed is included within the products completed operations hazard of the policy or b. Analleged cause for the injury or damage is the insured s negligent hiring placement training supervision retention act error or omission. AP2036US 11 05 Page 1 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following definition is added to the policy. Ifthe policy already includes a definition of pollutants such definition is deleted and replaced with the following Pollutants mean any solid liquid gaseous fuel lubricant thermal acoustic electrical or magnetic irritant or contaminant including but not limited to smoke vapor soot fumes fibers radiation acid alkalis petroleums chemicals or waste. Waste includes medical waste biological infectants and all other materials to be disposed of recycled stored reconditioned or reclaimed. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2036US 11 05 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION PUNITIVE DAMAGES This endorsement modifies insurance provided under the following ALL COVERAGE PARTS COMBINED POLICY EXCLUSIONS DAMAGES LIMITATION EXCLUSION is deleted in its entirety and replaced with the following Damages mean a monetary judgment award or settlement. Damages do not include a. b. c. Civil or criminal fines sanctions or penalties whether imposed pursuant to statute or otherwise or Judgments or awards arising from acts or omissions deemed uninsurabie by law or The restitution of consideration or expense paid to you for professional services rendered or which should have been rendered or Disputed fees or any actual or alleged personal profit or advantage to which you are not legally entitled or Punitive or exemplary damages and the multiplied portion of multiplied damages or Equitable or non pecuniary relief. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED AP2111US 11 05 Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIDUCIARY EXCLUSION This endorsement modifies insurance provided under the following ALL COVERAGE PARTS This policy does not apply to any claim arising out of the 1. Coercion conversion or misappropriation of others funds or property 2. Any dishonest fraudulent criminal malicious acts or omissions of the insured partner or employee or any person for whom you are legally responsible or 3. Any activities or operations performed in the capacity of a fiduciary. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2131Us 04 03 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION CONSTRUCTION ACTIVITIES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or related to any construction demolition reconstruction building rebuilding or development of any kind on the insured premises. However this exclusion shall not apply to badily injury property damage or personal and advertising injury arising out of routine and regular maintenance activities performed by the insured s employees on the insured premises. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. GC2141US 01 07 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION COVERAGE C MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE ALL PREMISES AND CLASSIFICATIONS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement With respect to any premises or classification shown in the Schedule 1. Section Coverage C Medical Payments does not apply and none of the references to it in the Coverage Part apply. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. MC2139US 04 03 Page 1 of 1 | 2 |
COMMERCIAL GENERAL LIABILITY CG 21760108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages.. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion CG 21760108 ISO Properties Inc. 2007 Pagelof1 O | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY MARITIME EMPLOYERS LIABILITY POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage terri tory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In de termining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the pur pose of determining whether this exclusion will apply to that incident B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or policy to which this endorsement is applicable and may include but is not limited to bodily injury property damage personal and advertising injury or other type of injury or damage to which this policy applies provided such other type of injury or damage is defined in the applicable Cover age Part or Policy. Page 10of 2 AP2119US 09 12 | 2 |
2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a Anair carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardiess of where the loss occurs or b The premises of any United States mission and c. The actis a violent act or an act that is dangerous to human life property or infrastructure and is com mitted by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastruc ture that is committed by an individual or individuals and that appears to be part of an effort to coerce a ci vilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident.. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part or Policy.. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer de ductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are sub ject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 1 ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. AP2119US 08 12 Page 2 of 2 | 2 |
DISCLOSURE OF PREMIUM PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 375.00 This premium is the total premium attributable to insured losses under the Federal Terrorism Risk In surance Act Information required to complete this Schedule if not shown above will be shown in the Declarations A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice dis closing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terror ism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share of losses equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to ter rorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act ex ceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deducti ble under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 1 of 1 Includes copyrighted material of ISO Properties Inc. 2006 used with permission AP5028A 01 08 | 2 |
JAMES RIVER INSURANCE COMPANY Privacy Policy We do not sell customer information to nonaffiliated third parties and we do not share customer information with nonaffitiated third parties except those parties who perform contractual services for us and parties to which we are authorized to provide information by law. In addition when we provide information to affiliates or non affiliates we limit those disclosures to information about your transactions and experiences with us and to disclosures otherwise permitted by law. You do not need to take any action to prevent us from selling or sharing information we obtain about you. We use security measures and training in our effort to protect the customer information we collect. We protect the information we obtain about you by maintaining physical electronic and procedural safeguards. We collect the following types of information about you when you purchase or use our products and services. Most of the information that we obtain about you comes directly from you such as through the insurance applications you submit when requesting insurance products. These applications and other inquiries we make of you allow us to learn information that we may use to contact you in the future such as your name address telephone number and e mail address. In addition insurance applications and other information you provide enables us to determine the type and value of your insured property the types of insurance coverages you have or in which you might be interested and similar information If you visit an Internet site that we maintain we might request or obtain information that will enable us to identify you as a registered user such as your name a user identification name a password password reminders and your Internet service provider. We might use a cookie to retain some of this information. We also might obtain information about your operating system web browser and similar information to enable us to improve the operation of our site. When we consider products and services in which you may be interested we often review information that we have about your past transactions with us or our affiliates such as your existing or former policy coverages premiums and payment history. In addition we may leam information about your transactions with nonaffiliated third parties including the types of products or services you obtained from them and your experiences with them. Finally we may obtain other information from third parties that has a bearing upon your eligibility for the products or services you seek from us. This information may include your credit report or information about your creditworthiness or other information maintained by consumer reporting agencies. We provide customer information only to our affiliates and to nonaffiliates that must protect your customer information. We also may provide information as mentioned in this notice to nonaffiliated third parties that perform services for us or perform functions on our behalf such as marketing and research or to other financial institutions with which we have joint agreements for activities such as marketing. By law our contracts with these parties must prevent them from using the information they receive about you except as described in this notice. Finally we may share customer information as permitted by applicable law. This means that we will share information with parties as necessary to affect administer or enforce transactions that you request. For example we might provide information to a company that processes prints and mails our insurance policies to you or to a company that adjusts claims under your policies. We also might disclose customer information to other entities specified by law such as insurance advisory organizations our attorneys and accountants consumer reporting agencies or civil and regulatory authorities. Federal law sets the limitations on these types of disclosures. We strive to keep our records as accurate as possible. We attempt to maintain accurate records about you and we will gladly make appropriate corrections when you notify us. OFf course we do not control the accuracy of information gathered and provided by third parties and you may need to notify third parties directly if you believe that any information. we received from them is inaccurate. You may request the name and address of any consumer reporting agency from which we obtain a report on you. You then may contact that consumer reporting agency to request a copy of the report it makes or to advise of any changes to the information they maintain and report. We will provide one copy of this Privacy Policy to joint contract holders. Please share this information with everyone covered under your policy or contract. APO100US 04 03 Page 1 of 1 | 2 |
The Cincinnati Insurance Company The Cincinnati Casualty Company The Cincinnati Indemnity Company Headquarters 6200 S. Gilmore Road Fairfield OH 45014 5141 Mailing address P.O. Box 145496 Cincinnati OH 45250 5496 www.cinfin.com m 513 870 2000 A CINCINNATI INSURANCE COMPANIES Today s Date 07 16 2015 To PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC BIG CHILL LLC PRIZER REALTY INC Policy Number EPP 014 93 81 Expiration Date 07 01 2018 Agency GALLEN INSURANCE INC. 37 033 Dear Policyholder Your policy includes Cincinnati Insurance Companys Data Compromise and Identity Recovery Expense Coverage endorsement FA284 for an additional premium. This coverage can assist you in safeguarding your business from information breaches and attacks. You can be confident that if a breach occurs risk management experts are on call to help you respond swiftly and effectively. With this coverage you receive ongoing assistance and comprehensive support from preparation to response Prepare for a breach v Resources available online at any time v Customizable incident response plan v Access to Red Flag information and facts about breach laws Mitigate the risks v Sample breach notification letter and compliance reference guide v Information on notifying credit bureaus and government agencies v Instructions on how to connect with data risk management experts for added assistance Manage a crisis v Toll free breach information and assistance hotline v Assistance with printing and mailing notification letters vHelp with media relations responses Along with the breach services you receive for your customer and employee data you also receive case management services and reimbursement for expenses if you as a business owner become the victim of an identity theft or account takeover. As a Cincinnati policyholder you have access to an exclusive website with on demand resources and tools to help you prepare for a breach mitigate the risks and manage a crisis. Please take this opportunity to familiarize yourself with the resources available to you. You can access the exdusive website by going to www.cic.breachresponse.com. You will be asked for your policy number and you will need to create a Screen Name and a Password. Please use these for your initial login Screen Name cinfin Password CF2f16Y12 Please refer to Data Compromise and Identity Recovery Expense Coverage form FA284 for detailed descriptions of coverages exdusions limits of insurance and other conditions and provisions. If you suspect that your organization s private data customer information or personal data may have been exposed or compromised call your insurance agent immediately. A swift response is critical in containing and appropriately responding to a breach Your agent and The Cincinnati Insurance Company will work with you to preserve your company s goodwill prevent regulatory sanctions or fines avoid civil litigation and safeguard your business reputation. Cordially Commercial Lines FA 41430412 | 2 |
Date 07 16 2015 PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC Insured BIG CHILL LLC PRIZER REALTY INC Policy Number EPP 014 93 81 Dear Agent The captioned policy has been issued with the following additional liability exclusionsconditionss Exterior Insulation and Finish Systems EIFS and Direct Applied Exterior Finish Systems DEFS Liability Exclusion Fungi or Bacteria Liability Exclusion Bodily Injury and or Property Damage Deductible Lead Liability Exclusion Bodily Injury andor Property Damage Fungi or Bacteria Deductible Please be sure that the insured understands the above. Cordially Commercial Lines Department Mi 1603 10 03 | 2 |
Commercial Lines IM THE UPDATE CINCINNATI INSURANCE COMPANIES Important Reinsurance and Binding Coverage Notice Everything Insurance Should Be SUBJECT Future changes to this account require prior underwriting approval DATE 07 16 2015 NAMED INSURED PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC BIG CHILL LLC PRIZER REALTY INC POLICY NUMBER epp 014 93 81 Dear Agent We have secured or are very close to requiring property facultative reinsurance on the above captioned account. You may no longer bind coverage or make changes to it without prior approval from your underwriter Please call your underwriter in advance to discuss any changes to this account instead of sending an email allowing us to fully identify the impact of changes on total values evaluate the reinsurance needs and decide if additional underwriting action is necessary. Changes to the account that may affect reinsurance include those to building contents business income electronic and data processing and fixed equipment. Please make your staff aware of this reinsurance requirement and mark your file accordingly. Your commercial lines underwriter can answer any questions you have about this procedure. Thank you for your assistance and trusting Cincinnati with your client s insurance protection. Sincerely FEATAO Charles P. Stoneburner Il CPCU AIM Senior Vice President Commercial Lines This is not a policy. For a complete statement of the coverages and exclusions please see the policy contract. The Gincinnati Insurance Companies and Gincinnati refer to member companies of the insurer group providing property and casualty coverages through The Cincinnati Insurance Gompany or one of its wholly owned subsidiaries The Cincinnati Indemnity Gompany The Gincinnati Gasualty Gompany or The Gincinnati Specialty Underwriters Insurance Company and life and disability income insurance and annuities through The Cincinnati Life Insurance Gompany. Each insurer provides coverage in most states and has sole financial responsibilty for its own products. 6200 S. Gilmore Road Fairfield OH 45014 5141. Mailing address P.O. Box 145496 Cincinnati OH 45250 5496. Gopyright 2014 The Cincinnati Insurance Company. All rights reserved. Do not reproduce redistribute post online or otherwise reuse this work in whole or in part without written permission. o Mi 161911 14 Agent Information Only cinfin.com Plssa oy Commercial Lines UPDATE Important Reinsurance and Binding Coverage Notice SUBJECT Future changes to this account require prior underwriting approval DATE 07 16 2015 NAMED INSURED PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC BIG CHILL LLC PRIZER REALTY INC POLICY NUMBER epp 014 93 81 Dear Agent We have secured or are very close to requiring property facultative reinsurance on the above captioned account. You may no longer bind coverage or make changes to it without prior approval from your underwriter Please call your underwriter in advance to discuss any changes to this account instead of sending an email allowing us to fully identify the impact of changes on total values evaluate the reinsurance needs and decide if additional underwriting action is necessary. Changes to the account that may affect reinsurance include those to building contents business income electronic and data processing and fixed equipment. Please make your staff aware of this reinsurance requirement and mark your file accordingly. Your commercial lines underwriter can answer any questions you have about this procedure. Thank you for your assistance and trusting Cincinnati with your client s insurance protection. Sincerely FEATAO Charles P. Stoneburner Il CPCU AIM Senior Vice President Commercial Lines | 2 |
NOTICE TO POLICYHOLDERS DIRECT BILL ACCOUNT CREDIT PROCEDURE This is a notice of how an account credit will be applied to your policy or to all of the policies being billed as single account. Account Credits A If your account is comprised of a single policy and an endorsement or premium audit results in a credit return premium the credit is applied to that policy. If your account does not have a future installment due at the time the endorsement or audit is processed the credit is refunded to the payor listed for your account. If you do not wish for credits to be automatically applied to future unpaid installments please contact us to request a refund. Please note that the amount of the refund may vary based upon the date you contact us and your billing schedule. If your account is comprised of more than one policy and an endorsement or premium audit results in a credit retur premium the credit is applied in the following manner Payments previously applied to your account are deferred. The credit that results from the endorsement or audit is applied to the policy generating the credit. The payments that were deferred are then reapplied to the account in order to satisfy the amount due. Any excess payment that results from the credit is applied proportionately to your policies with a future payment or installment due. If you do not wish for credits to be automatically applied to future unpaid installments please contact us to request a refund. Please note that the amount of the refund may vary based upon the date you contact us and your billing schedule. If your account does not have a future installment or payment due at the time the endorsement or audit is processed the credit is refunded to the payor listed for your account. Does not apply to audit return premium for payors located in New York Does not apply to premiums due more than 30 days from the date of processing for payors located in New Hampshire. These credits are automatically refunded to the payor To request a refund contact us at Mailing Address Toll free phone number Electronic mail The Cincinnati Insurance Company 877 942 2455 CinciBillcinfin.com PO Box 14529 Cincinnati OH 45250 0529 Electronic mail CinciBillcinfin.com 1A 4407 03 13 | 2 |
DISCLOSURE OF DIRECT BILL FEES AND CHARGES NO COVERAGE IS PROVIDED BY THIS DISCLOSURE nor can it be construed to replace any provision of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE CAREFULLY for complete information on the coverages provided. Your insurance premium is being paid directly to us rather than to your insurance agency. We appreciate your prompt payment of the premium. Please note that these fees apply only in the event your payment is late is returned to us for insufficient funds or if your policy was previously canceled for nonpayment of premium and has been reinstated at either your or your agents request. We are not required to reinstate a policy once cancellation for nonpayment of premium has become effective. The decision to reinstate coverage is solely at the discretion of the company. Not all fees are applicable in all states. The types of fees are listed below. Following the description of each fee we list the states where the fee applies and the amount of the fee. Fees are not levied in KY MD MT and NC. Non Sufficient Funds NSF Charge The first time a premium payment is retumed due to Non Sufficient Funds NSF the premium due is the installment amount. For each succeeding return of payment while continuously insured with The Cincinnati Insurance Companies a charge is added to your next account statement. The amount of the charge is determined by the fees filed with and approved by the state where the payor of your account is located. 10 AK FL NJ RI and SC 15MA 20 NY and 25 AL AZ AR CA CO CT DE DC GA HI ID IL IN IA KS LA ME MI MN MS MO NE NV NH NM ND OH OK OR PA SD TN TX UT VT VA WA WI WV and WY. Reinstatement Charge The first time your account is reinstated for nonpayment of premium the premium due is the installment amount. For each succeeding reinstatement due to nonpayment of premium while continuously insured with The Cincinnati Insurance Companies a charge is added to your next account statement. The amount of the charge is determined by the fees filed with and approved by the state where the payor of your account is located. 10 AK RI and SC 15 MA 20 NY and 25 AL AZ AR CA CO CT DE DC GA HI ID IL IN IA KS LA ME MI MN MS MO NE NV NH NM ND OH OK OR PA SD TN TX UT VT VA WA and WY. Late Charge A charge is added to your next account statement each time your payment is received and processed after the due date as shown on the account statement. This fee will not apply to Electronic Funds Transfer EFT. The amount of the charge is determined by the fees filed with and approved by the state where the payor of your account is located. 10 AK FL RI and SC 15 MA and 25 AL AZ AR CA CO CT DE DC GA HI ID IL IN IA KS LA ME MI MN MS MO NE NV NH NM ND OH OK OR PA SD TN TX UT VT VA WA Wl and WY. 1A44210313 | 2 |
A CINCINNATI INSURANCE COMPANIES The Cincinnati Insurance Company A Stock Insurance Company Headquarters 6200 S. Gilmore Road Fairfield OH 45014 5141 Mailing address P.O. Box 145496 Cincinnati OH 45250 5496 www.cinfin.com 513 870 2000 COMMON POLICY DECLARATIONS Billing Method DIRECT BILL POLICY NUMBER EPP 014 93 81 NAMED INSURED PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC BIG CHILL LLC PRIZER REALTY INC ADDRESS PO BOX 1053 Number Street READING PA 19603 1053 Town County State Zip Code Previous Policy Number EPP0149381 Policy Period At 1201 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE All coverages except Automobile and or Garage Policy number EPP 014 93 81 FROM 07 01 2015 TO 07 01 2018 Automobile and or Garage Policy number FROM TO Agency GALLEN INSURANCE INC. 37 033 City READING PA Legal Entity Business Description ORGANIZATION ANY OTHER IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. FORMS APPLICABLE TO ALL COVERAGE PARTS IL0017 1198 COMMON POLICY CONDITIONS IAl102A 0908 SUMMARY OF PREMIUMS CHARGED IA904 0404 SCHEDULE OF LOCATIONS IA4236 0115 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE IP446 0801 NOTICE TO POLICYHOLDERS IA4006 0710 SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT IA4111PA 0315 PENNSYLVANIA CHANGES CANCELLATION AND NONRENEWAL IA4189PA 0499 IMPORTANT NOTICE IA4238 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM IA4295PA 0806 PENNSYLVANIA WARNING NOTICE IA4313PA 0709 PENNSYLVANIA CHANGES ACTUAL CASH VALUE IA4314PA 0709 PENNSYLVANIA CHANGES IA4337CO 1008 COLORADO CHANGES CONCEALMENT MISREPRESENTATION OR FRAUD IA4338 0511 SIGNATURE ENDORSEMENT IA4369 0312 NOTICE TO POLICYHOLDERS INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT IA4387IA 0911 IOWA CHANGES ACTUAL CASH VALUE IAn4442 0514 NOTICE TO POLICYHOLDERS EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY IL0022 0587 EFFECTIVE TIME CHANGES REPLACEMENT OF 12 NOON IL0910 0702 PENNSYLVANIA NOTICE IA4087 0811 CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY 1A 509 0112 Page 1of 2 EPP 014 93 81 | 2 |
FORMS APPLICABLE TO ALL COVERAGE PARTS FM502 0708 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS GA532 0708 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS MA559 0510 CONTRACTORS EQUIPMENT AND TOOLS COVERAGE PART DECLARATIONS MA573 0607 ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM DECLARATIONS CA516 0309 CRIME AND FIDELITY COVERAGE PART DECLARATIONS COMMERCIAL ENTITIES USC513 0510 COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS 07 16 2015 1227 Countersigned By Date Authorized Representative 1A 509 0112 Page 2of 2 EPP 014 93 81 | 2 |
COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance writ ten notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for non payment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effec tive date of cancellation. The policy pe riod will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. we find and c. Recommend changes. 2. We are not obligated to make any in spections surveys reports or recom mendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rat ing advisory rate service or similar or ganization which makes insurance in spections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make rela tive to certification under state or munici pal statutes ordinances or regulations of boilers pressure vessels or elevators. 6. If notice is mailed proof of mailing will be E. Premiums sufficient proof of notice. The first Named Insured shown in the Decla Changes rations This policy contains all the agreements be 1. Is responsible for the payment of all pre tween you and us concerning the insurance miums and afforded. The first Named Insured shown in the Declarations is authorized to make 2. Will be the payee for any return premi changes in the terms of this policy with our ums we pay. consent. This policy s terms can be amended. N or waived only by endorsement issued by us F. Transfer of Your Rights and Duties Under and made a part of this policy. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections and Surveys 1. We have the right to a. Make inspections and surveys at any time this Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal rep resentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with re spect to that property. Copyright Insurance Services Office Inc. 1998 IL 00 17 1198 | 2 |
SUMMARY OF PREMIUMS CHARGED Attached to and forming part of POLICY NUMBER EPP 014 93 81 Effective Date 07 01 2015 PRIZER PAINTER STOVE WORKS INC PRIZER WORKS INC CASTEC INC Named Insured BIG CHILL LLC PRIZER REALTY INC THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED Commercial Property Coverage Part W EBC 98 605 Commercial General Liability Coverage Part 118745 Commercial Auto Coverage Part Commercial Umbrella Excess Liability Coverage Part 18079 CRIME AND FIDELITY COVERAGE PART 332 CONTRACTORS EQUIPMENT SCHEDULED 427 CONTRACTORS EQUIPMENT SUPPLEMENTAL COVERAGES 135 ELECTRONIC DATA PROCESSING EQUIPMENT 250 Terrorism Coverage 1765 Installment Charge TOTAL 238338 ANNUAL PAYMENTS First Remainin Installment Installments QUARTERLY SEE BILLING STATEMENT MAILED SEPARATELY Automobile Coverages 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 policy 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 IA102 A09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF LOCATIONS LOC. STREET ADDRESS CITY STATE ZIP CODE 1 600 ARLINGTON ST READING PA 19611 2031 2 200 ORTON AVE READING PA 19611 3 225 STEWART RD HANOVER TOWNSHIP PA 18706 1460 4 2865 WILDERNESS PL BOULDER CO 80301 2259 5 400 ORTON AVE READING PA 19611 6 401 ORTON AVE READING PA 19611 7 1950 BOYSON RD HIAWATHA IA 52233 2318 8 530 ARLINGTON ST READING PA 19611 2029 9 203 ORTON AVE READING PA 19611 2008 10 318 JUNE AVE BLANDON PA 19510 9566 1A 904 04 04 | 2 |
POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. Your policy may contain coverage for certain losses caused by terrorism. Premium In accordance with the federal Terrorism Risk Insurance Act we are required to notify you of the portion of the premium if any attributable to the coverage for terrorist acts certified under the Terrorism Risk Insurance Act. Refer to the SUMMARY OF PREMIUMS CHARGED or DECLARATIONS PAGE for the portion of your premium that is attributable to coverage for terrorist acts certified under the Act. Federal Participation The Act also requires us to provide disclosure of federal participation in payment of terrorism losses. Under your policy any losses caused by certified acts of terrorism would be partially reimbursed by the United States Government Department of Treasury under a formula established by federal law. Under this formula the federal share equals a percentage as specified in the Schedule below of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses atfributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Schedule Federal Share of Terrorism Losses Percentage Calendar Year 85 2015 84 2016 83 2017 82 2018 81 2019 80 2020 Cap on Insurer Participation If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. NOTE IF YOUR POLICY IS A RENEWAL POLICY THIS NOTICE IS PROVIDED TO SATISFY THE REQUIREMENTS UNDER THE TERRORISM RISK INSURANCE ACT FOR POLICYHOLDER DISCLOSURE 1 AT THE TIME OF OUR OFFER TO RENEW THE POLICY AND 2 AT THE TIME THE RENEWAL IS COMPLETED. 1A 4236 01 15 | 2 |
THE CINCINNATI INSURANCE COMPANY THE CINCINNATI CASUALTY COMPANY THE CINCINNATI INDEMNITY COMPANY NOTICE TO POLICYHOLDERS Please be advised that in your application for insurance you disclosed information to The Cincinnati Insurance Company The Cincinnati Casualty Company and The Cincinnati Indemnity Company. The information dis closed in the application and all information subsequently collected by any of these companies may be shared among all three. IP 446 08 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART CRIME AND FIDELITY COVERAGE PART A. Special Per Occurrence Deductible 1. If an occurrence happens to Covered Property under the Commercial Property Coverage Part and to Covered Property under at least one of the following The Commercial Inland Marine Coverage Part and b. The Crime and Fidelity Coverage Part the most we will deduct from any loss or damage in any one occurrence is the deductible indicated on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS. This endorsement does not apply to any of the forms listed in Paragraphs a. and b. Electronic Data Processing Coverage Form Section lll 2. Deductible a.2 Specified Losses Deductible Water Backup from Sewers Drains Septic Systems or Sump Pumps Endorsement Windstorm or Hail Percentage Deductible Form Earthquake and Volcanic Eruption Endorsement Earthquake and Volcanic Eruption Endorsement Sub Limit Form Flood Coverage Endorsement Equipment Breakdown Coverage Including Production Equipment Equipment Breakdown Coverage Excluding Production Equipment Temperature Change Coverage Form Commercial Crime Coverage Form A. Insuring Agreements 1. Employee Theft 2. Forgery or Alteration 6. Computer Fraud and 7. Funds Transfer Fraud Crime Expanded Coverage XC Coverage or Expanded Coverage Plus Forms A. Insuring Agreements 1. Employee Theft and 2. Forgery or Alteration Government Crime Coverage Form A. Insuring Agreements 1. Employee Theft Per Loss Coverage 2. Employee Theft Per Employee Coverage 3. Forgery or Alteration 7. Computer Fraud and 8. Funds Transfer Fraud Or such coverage as provided in the CinciPlus Commercial Property or Commercial Property Power Expanded Coverage or Expanded Coverage Plus Forms Other IA 4006 07 10 Page 10of 2 | 2 |
B. Definition For the purpose of this endorsement only any definition of occurrence is deleted in its entirety and the following definition is added to COMMERCIAL PROPERTY CONDITIONS COMMERCIAL INLAND MARINE CONDITIONS COMMERCIAL CRIME COVERAGE FORM CRIME EXPANDED COVERAGE XC COVERAGE FORM and GOVERNMENT CRIME COVERAGE FORM ORLON Occurrence means all loss damage or a sequence of loss or damage casualties or disasters arising from a single happening or event. IA 4006 07 10 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CHEMICAL APPLICATION LIMITED LIABILITY COVERAGE PART CLAIMS MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART CONTRACTOR S ERRORS AND OMISSIONS COVERAGE PART CLAIMS MADE CONTRACTORS LIMITED POLLUTION LIABILITY COVERAGE PART CRIME AND FIDELITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYEE BENEFIT LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE PART FARM COVERAGE PART HOLE IN ONE COVERAGE PART INTERNET LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART MANUFACTURER S ERRORS AND OMISSIONS COVERAGE PART CLAIMS MADE POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SEPTIC SYSTEMS DESIGN AND INSPECTION ERRORS AND OMISSIONS COVERAGE PART The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by writing or giving notice of cancellation. Cancellation of Policies in Effect for Less Than 60 Days We may cancel this policy by mailing or delivering to the first Named Insured writ ten notice of cancellation at least 30 days before the effective date of cancellation. Cancellation of Policies in Effect for 60 Days or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this pol icy only for one or more of the following reasons You have made a material misrepre sentation which affects the insurabil ity of the risk. Notice of cancellation will be mailed or delivered at least 15 days before the effective date of can cellation. You have failed to pay a premium when due whether the premium is payable directly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of can cellation. A condition factor or loss experience material to insurability has changed substantially or a substantial condi tion factor or loss experience mate rial to insurability has become known during the policy period. Notice of cancellation will be mailed or deliv Includes copyrighted material of Insurance Services Office Inc. with its permission. Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. IA4111PA03 15 Page 10of 2 | 2 |
ered at least 60 days before the ef fective date of cancellation. Loss of reinsurance or a substantial decrease in reinsurance has oc curred which loss or decrease at the time of cancellation shall be certified to the Insurance Commissioner as di rectly affecting in force policies. No tice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. Material failure to comply with policy terms conditions or contractual du ties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancella tion. Other reasons that the Insurance Commissioner may approve. Notice of cancellation will be mailed or deliv ered at least 60 days before the ef fective date of cancellation. This policy may also be cancelled from incep tion upon discovery that the policy was ob tained through fraudulent statements omis sions or concealment of facts material to the acceptance of the risk or to the hazard as sumed by us. 4. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the reasons for cancellation. Notice of cancellation will state the effec tive date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send the first Named Insured any premium refund due. If the first Named Insured or we can cel the refund will be pro rata and will be returned within 10 business days after the effective date of cancellation. The cancel lation will be effective even if we have not made or offered a refund. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. The following are added and supersede any provisions to the contrary 1. Nonrenewal If we decide not to renew this policy we will mail or deliver written notice of nonre newal stating the specific reasons for nonrenewal to the first Named Insured at least 60 days before the expiration date of the policy. Increase of Premium If we increase your renewal premium we will mail or deliver to the first Named In sured written notice of our intent to in crease the premium at least 30 days be fore the effective date of the premium in crease. Any notice of nonrenewal or renewal premium increase will be mailed or delivered to the first Named Insured s last known address. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. Includes copyrighted material of Insurance Services Office Inc. with its permission. Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. IA4111PA03 15 Page 2 of 2 | 2 |
IMPORTANT NOTICE As a policyholder of The Cincinnati Insurance Companies we are required by state statute to provide you with notice that your renewal anniversary premium may increase. An increase may be attributed to any number of reasons that may include changes in your sales or payroll increase in your property values or coverage lim its a rate increase or a change in the nature and extent of your business. You have the ability to control some of these factors through the use of deductibles safety and loss prevention measures in your workplace and through careful selection of your insurance coverages. Prior to your renewal anniversary please take the time to contact your agent to review this policy to make sure your coverages reflect your current needs. IA 4189 PA 04 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following All Commercial Lines Coverage Parts Coverage Forms Policies and Endorsements subject to the federal Terrorism Risk Insurance Act and any amendments and extensions thereto A The following definition is added with respect to the provisions of this endorsement Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certi fied act of terrorism include the following 1. The act resulted in insured losses in ex cess of 5 million in the aggregate attrib utable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or in frastructure and is committed by an indi vidual or individuals as part of an effort to coerce the civilian population of the Unit ed States or to influence the policy or af fect the conduct of the United States Government by coercion. B. Cap On Losses from Certified Acts of Ter rorism If aggregate insured losses attributable to ter rorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calen dar year and we have met our insurer deducti ble under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that ex ceeds 100 billion and in such case insured losses up to that amount are subject to pro ra ta allocation in accordance with procedures established by the Secretary of the Treasury. Application of Other Exclusions The terms and limitations of any terrorism ex clusion or the inapplicability omission or ab sence of a terrorism exclusion does not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part Coverage Form Policy or Endorsement such as losses excluded by 1. Exclusions that address war warlike ac tion insurrection rebellion revolution mil itary action nuclear hazard nuclear mate rials nuclear reaction radiation or radio active contamination 2. Exclusions that address pollutants con tamination deterioration fungi or bacteria or 3. Any other exclusion regardless if the certified act of terrorism contributes concurrently or in any sequence to the loss. Sunset Clause If the federal Terrorism Risk Insurance Act ex pires or is repealed then this endorsement is and void for any act of terrorism that takes place after the expiration or repeal of the Act. Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. 1A 423801 15 | 2 |
PENNSYLVANIA WARNING NOTICE Any person who knowingly and with intent to defraud any insurance company or other person files an appli cation for insurance or statement of claim containing any materially false information or conceals for the pur pose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. For auto upon conviction shall be subject to imprisonment for up to seven years and payment of a fine of up to 15000. IA 4295 PA 08 06 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES ACTUAL CASH VALUE This endorsement modifies insurance provided under the following COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART FARM COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART STANDARD PROPERTY POLICY The following is added to any provision which uses the term actual cash value Actual cash value is calculated as the amount it would cost to repair or replace Covered Property at the time of loss or damage with material of like kind and quality subject to a deduction for deterioration depreciation and obsolescence. Actual cash value applies to valuation of Covered Property regardless of whether that property has sustained partial or total loss or damage. The actual cash value of the lost or damaged property may be significantly less than its replacement cost. Includes copyrighted material of ISO Properties Inc. with its permission. IA 4313 PA 07 09 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART FARM COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART A. For insurance provided under the Commercial Inland Marine Coverage Part Commercial Property Coverage Part Crime and Fidelity Coverage Part Machinery and Equipment Coverage Part The TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Common Policy Condition is replaced by the following F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal repre sentative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. If you die this Coverage Part will remain in effect as provided in 1. or 2. below whichever is later 1. For 180 days after your death regardless of the policy period shown in the Declara tions unless the insured property is sold prior to that date or 2. Until the end of the policy period shown in the Declarations unless the insured property is sold prior to that date. Coverage during the period of time after your death is subject to all provisions of this policy including payment of any premium due for the policy period shown in the Declarations and any extension of that period. B. For insurance provided under the Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Coverage Part The following is added to the LOSS PA MENT Loss Condition and supersedes al provision to the contrary NOTICE OF ACCEPTANCE OR DENIAL CLAIM 1. Except as provided in 3. below we v give you notice within 15 working da after we receive a properly executs proof of loss that we a. Accept your claim b. Deny your claim or c. Need more time to determir whether your claim should be a cepted or denied. If we deny your claim such notice will in writing and will state any policy pro sion condition or exclusion used as basis for the denial. If we need more time to determir whether your claim should be accept or denied the written notice will state tl reason why more time is required. 2. If we have not completed our investig tion we will notify you again in writin within 30 days after the date of the init notice as provided in 1.c. above al thereafter every 45 days. The written n tice will state why more time is needed investigate your claim and when you m expect us to reach a decision on yo claim. 3. The notice procedures in 1. and 2. abo do not apply if we have a reasonable b sis supported by specific information suspect that an insured has fraudulen caused or contributed to the loss by son or other illegal activity. Under su circumstances we will notify you of tt disposition of your claim within a period time reasonable to allow full investigati of the claim after we receive a propel executed proof of loss. The following is added to the LOSS PAY MENT Loss Condition and supersedes any provision to the contrary NOTICE OF ACCEPTANCE OR DENIAL OF CLAIM 1. Except as provided in 3. below we will give you notice within 15 working days after we receive a properly executed proof of loss that we a. Accept your claim b. Deny your claim or c. Need more time to determine whether your claim should be ac cepted or denied. If we deny your claim such notice will be in writing and will state any policy provi sion condition or exclusion used as a basis for the denial. If we need more time to determine whether your claim should be accepted or denied the written notice will state the reason why more time is required. If we have not completed our investiga tion we will notify you again in writing within 30 days after the date of the initial notice as provided in 1.c. above and thereafter every 45 days. The written no tice will state why more time is needed to investigate your claim and when you may expect us to reach a decision on your claim. The notice procedures in 1. and 2. above do not apply if we have a reasonable ba sis supported by specific information to suspect that an insured has fraudulently caused or contributed to the loss by ar son or other illegal activity. Under such circumstances we will notify you of the disposition of your claim within a period of time reasonable to allow full investigation of the claim after we receive a properly executed proof of loss. Includes copyrighted material of ISO Properties Inc. with its permission. IA 4314 PA 07 09 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COLORADO CHANGES CONCEALMENT MISREPRESENTATION OR FRAUD This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL OUTPUT PROGRAM COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART MACHINERY AND EQUIPMENT COVERAGE PART The Concealment Misrepresentation or Fraud Condition is replaced by the following CONCEALMENT MISREPRESENTATION OR FRAUD We will not pay for any loss or damage in any case of 1. Concealment or misrepresentation of a material fact or 2. Fraud committed by you or any other insured insured at any time and relating to coverage under this policy. Includes copyrighted material of ISO Properties Inc. with its permission. 1A 4337 CO 1008 | 2 |
SIGNATURE ENDORSEMENT IN WITNESS WHEREOF this policy has been signed by our President and Secretary in the City of Fairfield Ohio but this policy shall not be binding upon us unless countersigned by an authorized representative of ours. The failure to countersign does not void coverage in Arizona Virginia and Wisconsin. A d e Bl et Secretary President The signature on any form endorsement policy declarations jacket or application other than the signature of the President or Secretary named above is deleted and replaced by the above signatures. 1A 433805 11 | 2 |
NOTICE TO POLICYHOLDERS INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT Courts around the United States vary in their interpretation of Commercial General Liability coverage for property damage claims caused by defective work including defective work performed for you by your subcontractors and for property damage claims caused by your defective products. In some jurisdictions whether it is an entire state or certain areas in a state Commercial General Liability coverage can apply to property damage caused by completed defective work or property damage caused by completed defective products. In other jurisdictions Commercial General Liability coverage does not apply to such damage. As a response to these various and conflicting interpretations we are offering you our Injury or Damage To or Resulting From Your Work and Injury or Damage Resulting From Your Product endorsement. This allows you the opportunity to have Commercial General Liability coverage in jurisdictions where there otherwise may not be coverage for described bodily injury and property damage claims. Tangible property which is property that can be felt or touched must be damaged for coverage for property damage caused by completed defective work or completed defective products to apply. Coverage will not apply if the injury or damage is a result of wanton willful or intentional misconduct and there is still no coverage for the defective work or for the defective product itself. A premium is charged for this endorsement. If you also have Umbrella or Excess Liability coverage with us that coverage offers you our Injury or Damage To or Resulting From Your Work and Injury or Damage Resulting From Your Product coverage with terms and conditions substantially similar to our Commercial General Liability coverage. We encourage you to review the coverage provided by your Injury or Damage To or Resulting From Your Work and Injury or Damage Resulting From Your Product endorsement and to consult with your legal advisor and your independent insurance agent when considering your specific coverage needs. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. 1A 4369 03 12 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES ACTUAL CASH VALUE This endorsement modifies insurance provided under the following BUILDERS RISK BUSINESS AUTO COVERAGE FORM COMMERCIAL INLAND MARINE CONDITIONS COMMERCIAL OUTPUT POLICY PROPERTY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART FARM COVERAGE PART GARAGE COVERAGE FORM MACHINERY AND EQUIPMENT COVERAGE FORM MORTGAGE INTEREST COVERAGE PART NETWORK SYSTEMS MACHINERY AND EQUIPMENT COVERAGE FORM STANDARD PROPERTY POLICY The following is added to any provision which uses the term actual cash value In our determination of the actual cash value of Covered Property at the time of loss or damage we will take into account factors such as depreciation deterioration and obsolescence. 1A 4387 1A 09 11 | 2 |
NOTICE TO POLICYHOLDERS EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any conflict between the policy and this notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. This notice applies to the following coverage parts BUSINESSOWNERS PACKAGE POLICY CLAIMS MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART FARM LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PERSONAL LIABILITY ENDORSEMENT PRODUCTS COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MIADE This Notice provides information concerning the following new endorsements. More than one may apply to your renewal policy being issued by us The following forms apply to Commercial General Liability Coverage Part CG or GA prefix Businessowners Package Policy IB prefix Farm Liability Coverage Form or Personal Liability Endorsement FL prefix or Umbrella or Excess Liability Coverage Parts US or XS prefix. Forms GA 3024 05 14 FL 10 1212 14 IB 320 05 14 or US 3093 05 14 all titled Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception When one of these endorsements is attached to your policy For any liability or damages for Bodily Injury and Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. For any liability or damages for Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. Forms GA 3025 05 14 FL 10 13 12 14 IB 321 05 14 or US 3094 05 14 all titled Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Limited Bodily Injury Exception Not Included When one of these endorsements is attached to your policy For any liability or damages for Bodily Injury and Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. For any liability or damages for Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. Includes copyrighted material of Insurance Services Office Inc. with its permission. 1A 4442 05 14 Page 10of 2 | 2 |
Forms CG 21 08 05 14 Exclusion Access or Disclosure of Confidential or Personal Information Coverage B only IB 322 05 14 Exclusion Access or Disclosure of Confidential or Personal Information Personal and Advertising Injury Only and US 3095 05 14 and XS 345 05 14 Both titled Exclusion Access or Disclosure of Confidential or Personal Information When one of these endorsements is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage Forms GA 237 05 14 Electronic Data Liability Endorsement and FL 04 22 12 14 Electronic Data Liability With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy Under Bodily Injury and Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. Under Personal and Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. Thle following forms apply to the coverages indicated under each description of the form number and title. GA 3026 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability With Limited Bodily Injury Exception For use with The Owners and Contractors Protective Liability Coverage Part and Products Completed Operations Coverage Part When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. GA 3027 05 14 Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Limited Bodily Injury Exception Not Included For use with The Owners and Contractors Protective Liability and Products Completed Operations Liability Coverage Parts When this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury arising out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. CG 33 63 Exclusion Access Disclosure or Unauthorized Use of Electronic Data For use with The Electronic Data Liability Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of coverage. However to the extent that damages arising out of theft or unauthorized viewing copying use corruption manipulation or deletion of electronic data by any Named Insured past or present employee temporary worker or volunteer worker of the Named Insured may extend beyond loss of electronic data arising out of such theft or the other listed items this revision may be considered a reduction in coverage. FL 10 14 12 14 Exclusion Electronic Data Bodil Injury and Property Damage Liability Only and Access or Disclosure of Confidential or Personal Information Personal or Advertising Injury Liability Only For use with Farm Liability Coverage Form or Personal Liability Endorsement With respect to bodily injury and property damage arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data these changes are a reinforcement of coverage intent. Coverage for such injury or damage is not intended to be provided under the aforementioned forms. However to the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this revision may be considered a reduction in personal injury and advertising injury coverage. Includes copyrighted material of Insurance Services Office Inc. with its permission. 1A 4442 05 14 Page 2of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EFFECTIVE TIME CHANGES REPLACEMENT OF 12 NOON This endorsement modifies the COMMON POLICY DECLARATIONS. To the extent that coverage in this policy replaces coverage in other policies terminating noon standard time on the inception date of this policy coverage under this policy shall not become effective until such other cov erage has terminated. Copyright Insurance Services Office Inc. 1987 Copyright ISO Commercial Risk Services Inc. 1987 IL 00 22 05 87 | 2 |
PENNSYLVANIA NOTICE An Insurance Company its agents employees or service contractors acting on its behalf may pro vide services to reduce the likelihood of injury death or loss. These services may include any of the following or related services incident to the application for issuance renewal or continuation of a policy of insurance 1. Surveys 2. Consultation or advice or 3. Inspections. The Insurance Consultation Services Exemption Act of Pennsylvania provides that the Insurance Company its agents employees or service con tractors acting on its behalf is not liable for dam ages from injury death or loss occurring as a re sult of any act or omission by any person in the furnishing of or the failure to furnish these serv ices. The Act does not apply 1. If the injury death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company its agents employees or service contractors 2. To consultation services required to be per formed under a written service contract not related to a policy of insurance or 3. If any acts or omissions of the Insurance Company its agents employees or service contractors are judicially determined to con stitute a crime actual malice or gross negli gence. Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania. SO Properties Inc. 2001 IL 09 10 07 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following BUSINESSOWNERS PACKAGE POLICY CLAIMS MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST S PACKAGE POLICY EXCESS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SCHEDULE Name and mailing address of persons or organizations NATIONAL PENN BANK 1340 BROADCASTING RD SUITE 200 WYOMISSING PA 19610 5703 Number of days notice other than nonpayment of premium 30 A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. If we cancel this policy for nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. If notice is mailed proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. In no event will coverage extend beyond the actual expiration termination or cancellation of the policy. 1A 4087 08 11 | 2 |
THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER EPP 014 93 81 Named Insured is the same as it appears on the Common Policy Dedarations unless otherwise stated here. Loc. addre PER STATEMENT OF VALUES ON FILE REFER TO IA904 OPTIONAL COVERAGES COVERAGE PROVIDED Applicable only when an entry is made Coin Covered Business surance Cause Of Income Item Coverage Limits Loss Indemnity Intaton eplce. mentGost Aged Morly Makmum Extnced Guard ment Cost Ind. Sock Vabe Limit Peiod Perod racton X Days BLANKET BUSINESS 17770000 90 SPECIAL X PERSONAL PROPERTY BLANKET BUSINESS PERSONAL PROPERTY BUILDING BUSINESS INCOME W EXTRA EXPENSE b 17770000 4692400 12 MONTHS ALS SEE FA242 90 80 SPECIAL SPECIAL SPECIAL 5 1 BUILDING 10 1 BUILDING 10 2 BUILDING 704000 80 SPECIAL x 21100000 90 SPECIAL x b3 795000 90 SPECIAL X X DEDUCTIBLE 500.00 unless otherwise stated 1000 MORTGAGE HOLDER Name and Address FORMS AND OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART Item FM101 FA242 FA284 FA4013PA FA4028IA FA4028PA FA4042 FA450 FA458 FA480 FA244 FA213 0404 1012 0712 1102 0404 1105 1107 1104 0404 0404 0511 0404 BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS ACTUAL LOSS SUSTAINED BUSINESS INCOME ENDORSEMENT DATA COMPROMISE AND IDENTITY RECOVERY EXPENSE COVERAGE PENNSYLVANIA CHANGES ACTUAL CASH VALUE IOWA CHANGES PENNSYLVANIA CHANGES PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT COMMERCIAL PROPERTY CONDITIONS BUSINESS INCOME CHANGES WAITING PERIOD LOSS PAYABLE PROVISIONS EQUIPMENT BREAKDOWN COVERAGE EXCLUDING PRODUCTION MACHINERY BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM Page 1of 1 FM 50207 08 EPP 014 93 81 | 2 |
BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS TABLE OF CONTENTS SECTION A. COVERAGE 1. Covered Property. a. Building... b. Outdoor Signs c. Outdoor Fences d. Business Personal Property. 2. Property Not Covered a. Accounts Deeds Money or Securities b. Animals... c. Automobiles d. Contraband e. Electronic Data. f. Excavations Grading Backfiling g. Foundations h. Land Water or Growing Crops i. Paved Surfaces... j. Property While Airborne or Waterborne k. Pilings or Piers I. Property More Specifically Insured m. Retaining Walls..... n. Underground Pipes Flues or Drains 0. Valuable Papers Records and Cost to Research... p. Vehicles or Self Propelled Machines q. Property While Outside of Buildings. 3. Covered Causes of Loss... a. Risks of Direct Physical Los b. Exclusions c. Limitations 4. Additional Coverage Change in Temperature or Humidity Debris Removal... Fire Department Service Charge Fire Protection Equipment Recharge Inventory or Appraisal Key and Lock Expense.. Ordinance or Law... Pollutant Clean Up and Removal i. Preservation of Property. j. Rewards SToop0 o a. Accounts Receivable. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with FM 101 04 04 permission of American Association of Insurance Services Inc. Page 10f3 FM 101 04 04 Page 10f 35 | 2 |
SECTION B. LIMITS OF INSURANCE SECTION C. DEDUCTIBLE Deductible Examples. Glass Deductible.. SECTION D. LOSS CONDITIONS. Abandonment Appraisal Duties in the Event of Loss or Damage. Loss Payment... Recovered Property Vacancy 1. 2. 7. 1. 2. 1. 2. 3. o 0NN S o ao00 s. a. b. Valuation SECTION E. ADDITIONAL CONDITIONS. Coinsurance. Mortgage Holders.. SECTION F. OPTIONAL COVERAGES. Agreed Value..... Inflation Guard.... Replacement Cost. SECTION G. DEFINITIONS T eV OB 3 T X Business Income and Extra Expense Collapse Electronic Data. Fairs or Exhibition Fences.... Fungi Wet Rot Dry Rot and Bacteria Limited Coverage. Glass.... Newly Acquired or Constructed Property. Non Owned Building Damage. Outdoor Property... Personal Effects.. Property Off Premises. Signs.... Trailers Non Owned Detached Transportation Utility Services Valuable Papers and Records Water Other Liquids Powder or Molten Material Damage. Description of Term Vacancy Provisions Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. FM 101 04 04 Page 2 of 35 | 2 |
BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION G. DEFINITIONS. SECTION A. COVERAGE We will pay for direct physical loss to Covered Property at the premises caused by or resulting from any Covered Cause of Loss. 1. Covered Property Covered Property as used in this Coverage Part means the following types of property for which a Limit of Insurance is shown in the Dec larations a. Building Building means the building or structure described in the Declarations including 1 Completed additions 2 Fixtures including outdoor fixtures 3 Permanently installed a Machinery and equipment b Building glass including any let tering and ornamentation c Signs attached to a building or structure that is Covered Property d Awnings and canopies 4 Personal property owned by you that is used to maintain or service a covered building or its premises including a Fire extinguishing equipment b Outdoor furniture c Floor coverings and d Appliances used for refrigerating ventilating cooking dishwashing or laundering 5 If not covered by other insurance is policy restrict coverage. arefully to determine rights not covered. he words you and your rred shown in the Declara us and our refer to the nsurance. s that appear in quotation ning. Refer to SECTION G. AGE physical loss to Covered es caused by or resulting of Loss. ty as used in this Coverage owing types of property for rrance is shown in the Dec s the building or structure Declarations including additions cluding outdoor fixtures y installed ery and equipment g glass including any let and ornamentation attached to a building or re that is Covered Property Js and canopies operty owned by you that is intain or service a covered ts premises including tinguishing equipment or furniture overings and ces used for refrigerating ing cooking dishwashing dering ed by other insurance a Additions under construction al terations and repairs to a covered building b Materials equipment supplies and temporary structures on or within 1000 feet of the premises used for making additions alterations or repairs to a covered building. Outdoor Signs Your outdoor signs permanently installed and not attached to a covered building and located within 1000 feet of the premises. Outdoor Fences Your outdoor fences. Business Personal Property Your Business Personal Property located in or on the building described in the Declara tions or in the open or in a vehicle within 1000 feet of the premises. Your Busi ness Personal Property consists of the fol lowing unless otherwise specified in the Declarations or on the BUSINESS PER SONAL PROPERTY SEPARATION OF COVERAGE ENDORSEMENT. 1 Furniture 2 Machinery and equipment 3 Stock 4 All other personal property owned by you and used in your business 5 The cost of labor materials or services furnished or arranged by you on per sonal property of others 6 Your use interest as tenant in im provements and betterments. Im provements and betterments are fix tures alterations installations or addi tions a Made a part of the building or structure you occupy but do not own and b You acquired or made at your ex pense but can not legally remove 7 Leased personal property used in your business for which you have a con tractual responsibility to insure. Such leased property is not considered per Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 3 of 35 FM 101 04 04 Page 3 of 35 | 2 |
sonal property of others in your care custody or control 8 Personal Property of Others that is in your care custody or control or for which you are legally liable. a This does not include personal effects owned by you your offi cers your partners or if you are a limited liability company your members or your managers or your employees including leased and temporary workers except as provided in 5. Coverage Exten sions I. Personal Effects b This does not include property of others for which you are legally li able as 1 Acarrier for hire or 2 An arranger of transportation including carloaders consoli dators brokers freight for warders or shipping associa tions and 9 Sales samples. tronic Data Electronic data. This Para graph e. does not apply to your stock of prepackaged software. Excavations Grading Backfilling The cost of excavations grading backfiling or filling Foundations Foundations of buildings structures ma chinery or boilers if their foundations are below 1 The lowest basement floor or 2 The surface of the ground if there is no basement. Land Water or Growing Crops Land including land on which the property is located water growing crops or lawns Paved Surfaces Bridges roadways walks patios or other paved surfaces Property While Airborne or Water borne Personal property while airborne or water borne Pilings or Piers Pilings piers bulkheads wharves or docks Property More Specifically Insured Property that is covered under another cov erage form of this or any other policy in which it is more specifically described ex cept as provided in G. Other Insurance of the COMMERCIAL PROPERTY CONDI TIONS. Retaining Walls Retaining walls that are not part of any building described in the Declarations Underground Pipes Flues or Drains Underground pipes flues or drains Valuable Papers Records and Cost to Research Except as provided in SECTION A. COV ERAGE 5. Coverage Extensions r. Valu able Papers and Records the cost to re search replace or restore the information on valuable papers and records including those which exist as electronic data. This does not apply to valuable papers and records held for sale by you. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with 2. Property Not Covered Covered Property does not include a. Accounts Deeds Money or Securities Except as provided in SECTION A. COV ERAGE 5. Coverage Extensions a. Ac counts Receivable Accounts bills cur rency deeds food stamps or other evi dences of debt money notes or securi ties b. Animals Animals unless 1 Owned by others and boarded by you or 2 Owned by you and covered as stock while inside of buildings and then only as provided in 3. Covered Causes of Loss c. Limitations. c. Automobiles Automobiles held for sale d. Contraband Contraband or property in the course of il legal transportation or trade e. Electronic Data Except as provided in SECTION A. COV ERAGE 5. Coverage Extensions d. Elec FM 101 04 04 permission of American Association of Insurance Services Inc. Page 4 of 35 FM 101 04 04 Page 4 of 35 | 2 |
p. Vehicles or Self Propelled Machines Vehicles or self propelled machines in cluding aircraft or watercraft that 1 Are licensed for use on public roads or 2 Are operated principally away from the premises. This paragraph does not apply to 1 Vehicles or self propelled machines or autos you manufacture process or warehouse 2 Vehicles or self propelled machines other than autos you hold for sale 3 Rowboats or canoes out of water and located at the premises or 4 Trailers but only as provided in SEC TION A. COVERAGE 5. Coverage Extensions o. Trailers Non Owned Detached. Property While Outside of Buildings The following property while outside of buildings except as provided in SECTION A. COVERAGE 5. Coverage Extensions 1 Grain hay straw or other crops 2 Signs except a Signs attached to a covered building or structure b Signs for which a Limit of Insur ance is shown in the Declarations. 8 Outdoor fences except outdoor fences for which a Limit of Insurance is shown in the Declarations 4 Radio antennas television antennas or satellite dishes including their lead in wiring masts and towers and 5 Trees shrubs or plants other than stock of trees shrubs or plants. 3. Covered Causes of Loss Risks of Direct Physical Loss Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is 1 Excluded in SECTION A. COVERAGE 3. Covered Causes of Loss b. Ex clusions or 2 Limited in SECTION A. COVERAGE 3. Covered Causes of Loss c. Limita tions that follow. Self Propelled Machines self propelled machines in ft or watercraft that sed for use on public roads or ated principally away from the s. h does not apply to or self propelled machines or ou manufacture process or se or self propelled machines n autos you hold for sale s or canoes out of water and it the premises or but only as provided in SEC. COVERAGE 5. Coverage ns o. Trailers Non Owned d. le Outside of B gs g property while outside of cept as provided in SECTION b. Exclusions 1 We will not pay for loss caused di rectly or indirectly by any of the follow ing unless otherwise provided. Such loss is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. a Ordinance or Law Except as provided in SECTION A. COVERAGE 4. Additional Cov erages g. Ordinance or Law the enforcement of any ordinance or law 1 2 Regulating the construction use or repair of any building or structure or Requiring the tearing down of any building or structure in cluding the cost of removing its debris. This exclusion applies whether loss results from E 5. Coverage Extensions 1 An ordinance or law that is X enforced even if the building ly straw or other crops or structure has not been cept damaged or s attached to a covered 2 The increased costs incurred ling or structure s for which a Limit of Insur is shown in the Declarations. fences except outdoor fences 1 a Limit of Insurance is shown clarations tennas television antennas or dishes including their lead in b to comply with an ordinance or law in the course of con struction repair renovation remodeling or demolition of any building or structure or removal of its debris following a physical loss to that build ing or structure. Earth Movement asts and towers and 1 Earthquake including any earth sinking rising or shifting hrubs or plants other than related to such event f trees shrubs or plants. L 2 Landslide including any earth es of Loss sinking rising or shifting re ect Physical Loss lated to such event ses of Loss means RISKS OF 3 Mine subsidence meaning SICAL LOSS unless the loss subsidence of a man made mine whether or not mining activity has ceased Iin SECTION A. COVERAGE L red Causes of Loss b. Ex 4 Earth sinking other than 5 or 1 SECTION A. COVERAGE 3. Causes of Loss c. Limita sinkhole collapse rising or shifting including soil condi tions which cause settling cracking or other disarrange ment of foundations or other parts of realty. Soil conditions Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 5 of 35 FM 10104 04 Page 5 of 35 | 2 |
c d e U d Office furniture that is covered Business Per sonal Property. Governmental Action Seizure or destruction of property by order of governmental author ity. However we will pay for loss caused by or resulting from acts of destruction ordered by govern mental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part. Nuclear Hazard Nuclear reaction or radiation or radioactive contamination how ever caused. Utility Services 1 Except as provided in SEC TION A. COVERAGE 5. Coverage Extensions q. Utility Services the failure of power or other utility services supplied to the premises however caused if the failure occurs away from the prem ises. Failure includes lack of sufficient capacity and reduc tion in supply. However if the failure of power or other utility service results in a Covered Cause of Loss we will pay for that por tion of loss caused by that Covered Cause of Loss. 2 This exclusion does not apply to Business Income coverage or Extra Expense coverage. Instead SECTION A. COV ERAGE 3. Covered Causes of Loss b. Exclusions 4 Special Exclusions applies to these coverages. War and Military Action 1 War including undeclared or civil war 2 Warlike action by a military force including action in hin dering or defending against an actual or expected attack by any government sovereign or other authority using mili tary personnel or other agents or include contraction expan sion freezing thawing ero sion improperly compacted soil and the action of water under the ground surface. But if Earth Movement as de scribed in b 1 through 4 above results in fire or explosion we will pay for the loss caused by that fire or explosion. 5 6 Volcanic eruption explosion or effusion. But if volcanic eruption explosion or effusion results in fire building glass breakage or volcanic action we will pay for the loss caused by that fire building glass breakage or volcanic action. Volcanic action means direct loss resulting from the erup tion of a volcano when the loss is caused by a Airborne volcanic blast or airborne shock waves b Ash dust or particulate matter or c Lava flow. All volcanic eruptions that oc cur within any 168 hour pe riod will constitute a single occurrence. Volcanic action does not in clude the cost to remove ash dust or particulate matter that does not cause direct physi cal loss to the described property. This exclusion Earth Move ment does not apply to a SECTION A. COVER AGE 5. Coverage Ex tensions a. Accounts Receivable b SECTION A. COVER AGE 5. Coverage Ex tensions p. Transporta tion c SECTION A. COVER AGE 5. Coverage Ex tensions r. Valuable Papers and Records or Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. FM 101 04 04 Page 6 of 35 | 2 |
9 h 04 3 Insurrection rebellion revolu tion usurped power or action taken by governmental authority in hindering or de fending against any of these. Water 1 Flood surface water waves tides tidal waves overflow of any body of water or their spray all whether driven by wind or not 2 Mudslide or mudflow 3 Water or waterborne material which backs up through or overflows or is discharged from a sewer drain septic system sump pump or related equipment or 4 Water or waterborne material under the ground surface pressing on or flowing or seeping through a Foundations walls floors or paved surfaces b Basements whether paved or not or c Doors windows or other openings. However if water as described in g1 through g4 above results in fire explosion or sprinkler leak age we will pay for that portion of loss caused by that fire explo sion or sprinkler leakage. 5 This exclusion Water does not apply to a SECTION A. COVER AGE 5. Coverage Ex tensions a. Accounts Receivable b SECTION A. COVER AGE 5. Coverage Ex tensions p. Transporta tion c SECTION A. COVER AGE 5. Coverage Ex tensions r. Valuable Papers and Records or d Office furniture that is covered Business Per sonal Property. Fungi Wet Rot Dry Rot and Bacteria 2 1 Presence growth prolifera tion spread or any activity of fungi wet or dry rot or bacte ria. But if fungi wet or dry rot or bacteria results in a specified cause of loss we will pay for the loss caused by that specified cause of loss. 2 This exclusion does not apply a When fungi wet or dry rot or bacteria results from fire or lightning or b To the extent that cover age is provided in SEC TION A. COVERAGE 5. Coverage Extensions g. Fungi Wet Rot Dry Rot and Bacteria Lim ited Coverage with re spect to loss from a cause of loss other than fire or lightning. Exclusions b.1a through b.1h apply whether or not the loss event results in widespread damage or af fects a substantial area. We will not pay for loss caused by or resulting from any of the following a Electrical Current Artificially generated electrical cur rent including electric arcing that disturbs electrical devices appli ances or wires. However if artifi cially generated electrical current results in fire we will pay for that portion of the loss caused by that fire. b Delay or Loss of Use Delay loss of use or loss of mar ket. c Smoke Vapor Gas Smoke vapor or gas from agri cultural smudging or industrial op erations. d Miscellaneous Causes of Loss 1 Wear and tear 2 Rust or other corrosion de cay deterioration hidden or latent defect or any quality in property that causes it to damage or destroy itself 3 Smog Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 7 of 35 FM 10104 04 Page 7 of 35 | 2 |
e 4 Settling cracking shrinking or expansion 5 Nesting or infestation or dis charge or release of waste products or secretions by in sects birds rodents or other animals 6 Mechanical breakdown in cluding rupture or bursting caused by centrifugal force. However if mechanical breakdown results in elevator collision we will pay for that portion of loss caused by that elevator collision or 7 The following causes of loss to personal property a Marring or scratching b Except as provided in SECTION A. COVER AGE 4. Additional Cov erages a. Change Temperature or Humi ity and 5. Coverage Ex tensions q. Utility Services i Dampness or dry ness of atmosphere and ii Changes in or ex tremes of tempera ture. However if an excluded cause of loss listed in 2d 1 through 7 results in a specified cause of loss or building glass breakage we will pay for that portion of loss caused by that specified cause of loss or building glass breakage. Explosion of Steam Apparatus Explosion of steam boilers steam pipes steam engines or steam turbines owned or leased by you or operated under your control. However if explosion of steam boilers steam pipes steam en gines or steam turbines results in fire or combustion explosion we will pay for that portion of loss caused by that fire or combustion explosion. We will also pay for loss caused by or resulting from the explosion of gases or fuel within the furnace of any fired ves sel or within the flues or passages U 9 h i through which the gases of com bustion pass. Water Seepage Continuous or repeated seepage or leakage of water or the pres ence or condensation of humidity moisture or vapor that occurs over a period of 14 days or more. Freezing of Plumbing Water other liquids powder or molten material that leaks or flows from plumbing heating air condi tioning or other equipment except fire protection systems caused by or resulting from freezing unless 1 You did your best to maintain heat in the building or struc ture or 2 You drained the equipment and shut off the supply if the heat was not maintained. Dishonest Acts Dishonest or criminal acts by you anyone else with an interest in the property any of your or their part ners employees including leased or temporary workers directors trustees authorized representa tives or if you are a limited liability company your members or your managers or anyone to whom you entrust the property for any pur pose 1 Acting alone or in collusion with others or 2 Whether or not occurring dur ing the hours of employment. This Dishonest Acts exclusion does not apply to acts of destruc tion by your employees including leased or temporary workers ex cept theft by employees including leased or temporary workers is not covered. False Pretense Voluntary parting with any property by you or anyone else to whom you have entrusted the property if induced to do so by any fraudulent scheme trick device or false pre tense. Exposure to Weather Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. FM 101 04 04 Page 8 of 35 | 2 |
snow ice or sleet to per property in the open. apse apse except as provided in ION A. COVERGAE 5. erage Extensions c. Col e. However if collapse results Covered Cause of Loss at the mises we will pay for that on of loss caused by that ered Cause of Loss. utants harge dispersal seepage ation release escape or ssion of pollutants unless the harge dispersal seepage mi on release escape or emis is itself caused by any of the cified causes of loss. But if discharge dispersal seepage ation release escape or ssion of pollutants results in a cified cause of loss we will for the loss caused by that cified cause of loss. exclusion does not apply to to glass caused by chemi applied to the glass. k Process processing or work upon ered Property. But if loss by esults we will pay for that re ng loss. lect lect of an insured to use all onable means to save and erve property from further age at and after the time of 5 ot pay for loss caused by or from any of the following rough 3c. However if an cause of loss that is listed in ough 3c results in a Cov ise of Loss we will pay for that f loss caused by that Cov ise of Loss ther Conditions ther conditions but this exclu only applies if weather condi contribute in any way with a e or event excluded in SEC N A. COVERAGE 3. Covered ses of Loss b. Exclusions 1a through 1h to produce the loss. b Acts or Decisions Acts or decisions including the failure to act or decide of any per son group organization or gov ernmental body. c Defects Errors and Omissions 1 An act error or omission negligent or not relating to a Landuse b Design specifications construction workman ship c Planning zoning devel opment surveying siting grading compaction or d Maintenance installation renovation repair or re modeling of part or all of any property on or off the premises 2 A defect weakness inade quacy fault or unsoundness in materials used in construc tion or repair of part or all of any property on or off the premises or 3 The cost to make good any error in design. 4 Special Exclusions The Special Exclusions apply only to SECTION A. COVERAGE 5. Cover age Extensions b. Business Income and Extra Expense and if attached to this policy the following coverage forms BUSINESS INCOME AND EX TRA EXPENSE COVERAGE FORM BUSINESS INCOME WITHOUT EX TRA EXPENSE COVERAGE FORM and EXTRA EXPENSE COVERAGE FORM. We will not pay for a Except as provided in 5. Coverage Extensions q. Ui Services any loss caused directly or indi rectly by the failure of power or other utility service supplied to the premises however caused if the failure occurs outside of a covered building. Failure includes lack of sufficient capacity and reduction in supply. However if the failure of Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 9 of 35 Rain snow ice or sleet to per sonal property in the open. k Collapse Collapse except as provided in SECTION A. COVERGAE 5. Coverage Extensions c. Col lapse. However if collapse results in a Covered Cause of Loss at the premises we will pay for that portion of loss caused by that Covered Cause of Loss. I Pollutants Discharge dispersal seepage migration release escape or emission of pollutants unless the discharge dispersal seepage mi gration release escape or emis sion is itself caused by any of the specified causes of loss. But if the discharge dispersal seepage migration release escape or emission of pollutants results in a specified cause of loss we will pay for the loss caused by that specified cause of loss. This exclusion does not apply to loss to glass caused by chemi cals applied to the glass. m Work Process Any processing or work upon Covered Property. But if loss by fire results we will pay for that re sulting loss. n Neglect Neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss. 3 We will not pay for loss caused by or resulting from any of the following 3a through 3c. However if an excluded cause of loss that is listed in 3a through 3c results in a Cov ered Cause of Loss we will pay for that portion of loss caused by that Cov ered Cause of Loss a Weather Conditions Weather conditions but this exclu sion only applies if weather condi tions contribute in any way with a cause or event excluded in SEC TION A. COVERAGE 3. Covered Causes of Loss b. Exclusions FM 10104 04 Page 9 of 35 | 2 |
er or other utility service re in a Covered Cause of Loss vill pay for that portion of loss Iting from that Covered Cause OSS. loss caused by or resulting H Damage or destruction of fin ished stock or The time required to repro duce finished stock. Exclusion b does not apply xtra Expense. loss caused by or resulting damage to radio or television nnas including satellite es and their lead in wiring ts or towers. increase of loss caused by sulting from Delay in rebuilding repairing or replacing the property or resuming operations due to interference at the location of the rebuilding repair or re placement by strikers or other persons or Suspension lapse or cancel lation of any license lease or contract. However if the sus pension lapse or cancellation is directly caused by the sus pension of operations we will cover such loss that af fects your Business Income during the period of restora tion and any extension of the period of restoration in ac cordance with the terms of the Extended Business Income Additional Coverage and the Extended Period of Indemnity Optional Coverage or any variation of these. Extra Expense caused by or Iting from suspension lapse cancellation of any license e or contract beyond the pe of restoration. other indirect loss. limitations apply to all policy ndorsements shown on the L PROPERTY COVERAGE PART DECLARATIONS unless otherwise stated 1 Limitations Various Types of Prop erty We will not pay for loss to property as described and limited in this section. In addition we will not pay for any loss that is a consequence of loss as de scribed and limited in this section. a Steam Apparatus Steam boilers steam pipes steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for loss to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired ves sel or within the flues or passages through which the gases of com bustion pass. b Hot Water Boilers Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment other than an explo sion. c Building Interiors The interior of any building or structure or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless 1 The building or structure first sustains damage by a Cov ered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or 2 The loss is caused by or re sults from thawing of snow sleet or ice on the building or structure. d Building Materials Theft Building materials and supplies not attached as part of the building or structure caused by or resulting from theft. However this limitation does not apply to 1 Building materials and sup plies held for sale by you or Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 10 of 35 power or other utility service re sults in a Covered Cause of Loss we will pay for that portion of loss resulting from that Covered Cause of Loss. b Any loss caused by or resulting from 1 Damage or destruction of fin ished stock or 2 The time required to repro duce finished stock. This Exclusion b does not apply to Extra Expense. c Any loss caused by or resulting from damage to radio or television antennas including satellite dishes and their lead in wiring masts or towers. d Any increase of loss caused by or resulting from 1 Delay in rebuilding repairing or replacing the property or resuming operations due to interference at the location of the rebuilding repair or re placement by strikers or other persons or 2 Suspension lapse or cancel lation of any license lease or contract. However if the sus pension lapse or cancellation is directly caused by the sus pension of operations we will cover such loss that af fects your Business Income during the period of restora tion and any extension of the period of restoration in ac cordance with the terms of the Extended Business Income Additional Coverage and the Extended Period of Indemnity Optional Coverage or any variation of these. e Any Extra Expense caused by or resulting from suspension lapse or cancellation of any license lease or contract beyond the pe riod of restoration. f Any other indirect loss. Limitations The following limitations apply to all policy forms and endorsements shown on the COMMERCIAL PROPERTY COVERAGE FM 101 04 04 Page 10 of 35 | 2 |
a 2500 for furs fur garments and garments trimmed with fur. b 2500 for jewelry watches watch movements jewels pearls pre cious and semi precious stones bullion gold silver platinum and other precious alloys or metals. This limit does not apply to jewelry and watches worth 100 or less per item. c 2500 for patterns dies molds and forms. d 250 for stamps tickets including lottery tickets held for sale and letters of credit. These special limits are part of not in addition to the Limit of Insurance ap plicable to the Covered Property. 4. Additional Coverages Unless stated otherwise SECTION C. DE DUCTIBLE does not apply to the Additional Coverages. The Additional Coverages Limits of Insurance apply on a per location basis unless stated otherwise. a. Change in Temperature or Humidity We will pay for loss to your covered Busi ness Personal Property caused by a change in temperature or humidity or con tamination by refrigerant resulting from damage by a Covered Cause of Loss to equipment used for refrigerating cooling humidifying dehumidifying air conditioning heating generating or converting power including their connections and supply or transmission lines and pipes when located on the premises. This Coverage is included within the Limits of Insurance shown in the Declarations. Debris Removal 1 Subject to Paragraphs 3 and 4 of this Additional Coverage we will pay your expense to remove debris of Covered Property caused by or result ing from a Covered Cause of Loss that occurs during the coverage term. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss. 2 This Additional Coverage does not ap ply to costs to a Extract pollutants from land or water or 2 3 2 Business Income coverage or Extra Expense coverage. e Missing Property Property that is missing where the only evidence of the loss is a shortage disclosed on taking in ventory or other instances where there is no physical evidence to show what happened to the prop erty. f Gutters and Downspouts Gutters and downspouts caused by or resulting from weight of snow ice or sleet. g Transferred Property Property that has been transferred to a person or to a place outside the premises on the basis of un authorized instructions. Li ions Various Property for Specified Causes We will not pay for loss to the follow ing types of property unless caused by the specified causes of loss or build ing glass breakage a Animals and then only if they are killed or their destruction is deemed necessary. b Contractors equipment machinery and tools owned by you or en trusted to you provided such property is Covered Property. However this limitation does not apply 1 If the property is located on or within 1000 feet of the premises or 2 To Business Income coverage or to Extra Expense coverage. Limitation Personal Property Theft This Limitation does not apply to Busi ness Income coverage or to Extra Ex pense coverage. The special limit shown for each category 3a through 3d is the most we will pay for loss to all property in that cate gory. The special limit applies to any one occurrence of theft regardless of the types or number of articles that are lost or damaged in that occurrence. The special limits are Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. FM 10104 04 Page 11 0f 35 | 2 |
3 4 5 b Remove restore or replace pol luted land or water. Subject to the exceptions in Paragraph 4 the following provisions apply a The most we will pay for the total of direct physical loss plus debris removal expense is the Limit of In surance applicable to the Covered Property that has sustained loss. b Subject to a above the amount we will pay for debris removal ex pense is limited to 25 of the sum of the deductible plus the amount that we pay for direct physical loss to the Covered Property that has sustained loss. We will pay up to an additional 10000 for debris removal expense for each premises in any one occurrence of physical loss to Covered Property if one or both of the following circum stances apply a The total of the actual debris re moval expense plus the amount we pay for direct physical loss exceeds the Limit of Insurance on the Covered Property that has sustained loss. b The actual debris removal ex pense exceeds 25 of the sum of the deductible plus the amount that we pay for direct physical loss to the Covered Property that has sustained loss. Therefore if 4a andor 4b apply our total payment for direct physical loss and debris removal expense may reach but will never exceed the Limit of Insurance on the Covered Property that has sustained loss plus 10000. Examples The following examples assume that there is no coinsurance penalty. 10ve restore or replace pol i land or water. o the exceptions in Paragraph ollowing provisions apply most we will pay for the total rect physical loss plus debris oval expense is the Limit of In nce applicable to the Covered erty that has sustained loss. ject to a above the amount vill pay for debris removal ex se is limited to 25 of the sum le deductible plus the amount we pay for direct physical 5 to the Covered Property that sustained loss. ay up to an additional 10000 s removal expense for each s in any one occurrence of loss to Covered Property if both of the following circum apply total of the actual debris re al expense plus the amount pay for direct physical loss eds the Limit of Insurance on Covered Property that has ained loss. actual debris removal ex se exceeds 25 of the sum of deductible plus the amount we pay for direct physical 5 to the Covered Property that sustained loss. e if 4a andor 4b apply payment for direct physical nd debris removal expense ch but will never exceed the Insurance on the Covered that has sustained loss plus S wing examples assume that 10 coinsurance penalty. Example 1 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 50000 Amount of Loss Payable 49500 50000 500 Debris Removal Expense 10000 Debris Removal Expense Payable 10000 10000 is 20 of 50000 The debris removal expense is less than 25 of the sum of the loss payable plus the deducti ble. The sum of the loss payable and the de bris removal expense 49500 10000 59500 is less than the Limit of Insurance. Therefore the full amount of debris removal ex pense is payable in accordance with the terms of Paragraph 3. Example 2 Limit of Insurance 90000 Amount of Deductible 500 Amount of Loss 80000 Amount of Loss Payable 79500 80000 500 Debris Removal Expense 30000 Debris Removal Expense Payable Basic Amount 10500 Additional Amount 10000 The basic amount payable for debris removal expense under the terms of Paragraph 3 is calculated as follows 80000 79500 500 x.25 20000 capped at 10500. The cap applies because the sum of the loss pay able 79500 and the basic amount payable for debris removal expense 10500 can not exceed the Limit of Insurance 90000. The additional amount payable for debris re moval expense is provided in accordance with the terms of Paragraph 4 because the debris removal expense 30000 exceeds 25 of the loss payable plus the deductible 30000 is 37.5 of 80000 and because the sum of the loss payable and debris removal expense 79500 30000 109500 would exceed the Limit of Insurance 90000. The additional amount of covered debris removal expense is 10000 the maximum payable under Para graph 4. Thus the total payable for debris re moval expense in this example is 20500 9500 of the debris removal expense is not covered. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss we will pay up to 5000 in any one occurrence for your liability which Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 12 of 35 FM 101 04 04 Page 12 of 35 | 2 |
prior to loss for fire depart charges 1 by contract or agreement or by local ordinance. e is in addition to the Limits of own in the Declarations. n Equipment Recharge ay for the expenses you incur rge your automatic fire sup system or portable fire extin when the equipment is dis ombat a covered fire to which insurance applies a result of another covered se of Loss other than fire or 1 result of an accidental dis ge. ot pay your expenses to re re protection equipment as a a discharge during testing or n. s expensive to do so we will r costs to replace your auto suppression system or port extinguishers rather than re at equipment. will pay under this Additional 25000 in any one occur Coverage is in addition to the rance shown in the Declara Appraisal bay the necessary expenses to prepare claim information ed by this Coverage Part. Ex wst result from ng inventories ing appraisals and aring a statement of loss and r supporting exhibits. ot pay for any expenses rred to prove that loss is red rred under SECTION D. LOSS IDITIONS 2. Appraisal rred for examinations under d Billed by and payable to inde pendent or public adjusters or e To prepare claims not covered by this Coverage Part. The most we will pay under this Additional Coverage for any one occurrence is 10000. This Coverage is in addition to the Limits of Insurance shown in the Decla rations. Key and Lock Expense 1 If a key is lost stolen or damaged we will pay for a The actual expense of the new keys and b The adjustment of locks to accept new keys or c If required new locks including the expense of their installation but only for locks at buildings or struc tures covered by this Coverage Part. 2 This Coverage does not apply to keys that were given to former employees. The most we will pay under this Additional Coverage is 1000 per occurrence. This Coverage is in addition to the Limits of In surance shown in the Declarations. Ordinance or Law 1 Ifa Covered Cause of Loss occurs to a covered building or structure resulting in the enforcement of an ordinance or law that a Requires the demolition of un damaged parts of covered build ings or structures that are dam aged or destroyed by a Covered Cause of Loss or b Regulates the construction or re pair of buildings or structures or establishes building zoning or land use requirements at the premises and c Isin force at the time that loss is sustained we will pay a For loss in value of the undam aged portion of the building or structure caused by enforcement of an ordinance or law that re quires demolition of undamaged parts of the same building or structure Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 13 of 35 is determined prior to loss for fire depart ment service charges 1 Assumed by contract or agreement or 2 Required by local ordinance. This Coverage is in addition to the Limits of Insurance shown in the Declarations. Fire Protection Equipment Recharge 1 We will pay for the expenses you incur to recharge your automatic fire sup pression system or portable fire extin guishers when the equipment is dis charged a To combat a covered fire to which this insurance applies b As a result of another covered Cause of Loss other than fire or c As a result of an accidental dis charge. 2 We will not pay your expenses to re charge fire protection equipment as a result of a discharge during testing or installation. Ifitis less expensive to do so we will pay your costs to replace your auto matic fire suppression system or port able fire extinguishers rather than re charge that equipment. The most we will pay under this Additional Coverage is 25000 in any one occur rence. This Coverage is in addition to the Limits of Insurance shown in the Declara tions. Inventory or Appraisal 1 We will pay the necessary expenses you incur to prepare claim information as required by this Coverage Part. Ex penses must result from a Taking inventories b Making appraisals and c Preparing a statement of loss and other supporting exhibits. 2 We will not pay for any expenses a Incurred to prove that loss is covered b Incurred under SECTION D. LOSS CONDITIONS 2. Appraisal c Incurred for examinations under oath FM 10104 04 Page 13 of 35 | 2 |
b The cost to demolish and clear the site of undamaged parts of the building or structure and c The increased cost to 1 Repair or reconstruct dam aged portions of that building or structure and 2 Reconstruct or remodel un damaged portions of that building or structure whether or not demolition is required when the increased cost is a con sequence of enforcement of building zoning or land use ordi nance or law. However this in creased cost of construction ap plies only if the restored or remod eled building or structure is in tended for occupancy similar to the building or structure it re places unless such occupancy is not permitted by zoning or land use ordinance or law. d The increased cost to repair or re construct the following 1 The cost of excavations grading backfilling and filling 2 Foundation of the building 3 Pilings 4 Underground pipes flues and drains. The items listed in d1 through d4 above are deleted from SECTION A. COVERAGE 2. Property Not Covered but only with respect to the increased cost of construction coverage de scribed in this Additional Cover age. 2 We will not pay for a Enforcement of any ordinance or law which requires the demolition repair replacement reconstruc tion remodeling or remediation of property due to contamination by pollutants or due to the pres ence growth proliferation spread or any activity of fungi wet or dry rot or bacteria or b The costs associated with the en forcement of any ordinance or law which requires any insured or oth ers to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollut ants fungi wet or dry rot or bacteria. 8 We will not pay for loss due to any ordinance or law that a You were required to comply with before the loss even if the building was undamaged and b With which you failed to comply. 4 The terms of this Additional Coverage apply separately to each building or structure covered by this policy. 5 The most we will pay under this Addi tional Coverage is 10000 per build ing. This is in addition to the Limits of Insurance shown in the Declarations. Pollutant Clean Up and Removal We will pay your expenses to extract pol lutants from land or water at the premises if the discharge dispersal seepage migra tion release escape or emission of the pollutants is caused by or results from a Covered Cause of Loss that occurs during the coverage term. The expenses will be paid only if they are reported to us in writing within 180 days of the date on which the Covered Cause of Loss occurs. This Additional Coverage does not apply to costs to test for monitor or assess the ex istence concentration or effects of pollut ants. But we will pay for testing which is performed in the course of extracting the pollutants from the land or water. The most we will pay under this Additional Coverage for each premises is 10000 for the sum of all covered expenses arising out of Covered Causes of Loss during each coverage term. This is in addition to the Limits of Insurance shown in the Declara tions. Preservation of Property If it is necessary to move Covered Property from the premises to preserve it from im minent loss by a Covered Cause of Loss we will pay for any direct physical loss to that property 1 While it is being moved or while tempo rarily stored at another location and 2 Only if the loss occurs within 60 days after the property is first moved. This Coverage is included within the Limits of Insurance shown in the Declarations. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with 10404 permission of American Association of Insurance Services Inc. Page 14 of 35 FM 101 04 04 Page 14 of 35 | 2 |
j. Rewards We will pay to provide a reward for informa tion that leads to a conviction for arson theft vandalism or burglary. The conviction must involve a covered loss caused by arson theft vandalism or burglary. The most we will pay for loss under this Addi tional Coverage is 10000 in any one oc currence. This Coverage is in addition to the Limits of Insurance shown in the Decla rations. 5. Coverage Extensions Unless amended within the Extension each Extension applies to property located in or on the building described in the Declarations or in the open or in a vehicle within 1000 feet of the premises. The limits applicable to the Coverage Exten sions are in addition to the Limits of Insurance shown in the Property Declarations. Limits of Insurance specified in these Extensions apply per location unless stated otherwise. SECTION E. ADDITIONAL CONDITIONS 1. Coinsurance does not apply to these Cover age Extensions. a. Accounts Receivable SECTION C. DEDUCTIBLE does not apply to this Coverage Extension. 1 When you sustain loss to your ac counts receivable records caused by a Covered Cause of Loss we will pay a All amounts due from your cus tomers that you are unable to col lect b Interest charges on any loan re quired to offset amounts you are unable to collect pending our payment of these amounts c Collection expenses in excess of your normal collection expenses that are made necessary by the loss and d Other reasonable expenses that you incur to re establish your rec ords of accounts receivable. 2 Coverage does not apply to a Records of accounts receivable in storage away from the premises or b Contraband or property in the course of illegal transportation or trade. provide a reward for informa ds to a conviction for arson sm or burglary. The conviction a covered loss caused by vandalism or burglary. The pay for loss under this Addi ge is 10000 in any one oc iis Coverage is in addition to Insurance shown in the Decla nsions within the Extension each to property located in or on ribed in the Declarations or in rehicle within 1000 feet of the able to the Coverage Exten ion to the Limits of Insurance perty Declarations. Limits of ed in these Extensions apply s stated otherwise. IDITIONAL CONDITIONS 1. es not apply to these Cover eceivable DEDUCTIBLE does not apply ige Extension. ou sustain loss to your ac ceivable records caused by a Cause of Loss we will pay amounts due from your cus rs that you are unable to col est charges on any loan re 2d to offset amounts you are ole to collect pending our nent of these amounts ction expenses in excess of normal collection expenses are made necessary by the 5 and r reasonable expenses that incur to re establish your rec of accounts receivable. e does not apply to ords of accounts receivable in age away from the premises traband or property in the se of illegal transportation or 3 4 8 We will extend coverage to include a Removal If you give us written notice within 30 days of removal of your records of accounts receivable because of imminent danger of loss from a Covered Cause of Loss we will pay for loss while they are 1 At a safe place away from your premises or 2 Being taken to and returned from that place. This Removal coverage is in cluded within the Limit of Insur ance applicable to this Coverage Extension. b Away From Your Premises We will pay up to 5000 in any one occurrence regardless of the number of locations for loss caused by a Covered Cause of Loss to Accounts Receivable while they are away from your prem ises. This Away From Premises Limit is in addition to the Limit of Insurance applicable to this Coverage Exten sion. SECTION A. COVERAGE 3. Covered Causes of Loss b. Exclusions does not apply to this Coverage Extension except as follows a Exclusion 1c Governmental Action b Exclusion 1d Nuclear Hazard c Exclusion 1f War and Milif Action. ry In addition to Paragraph 4 of this Coverage Extension we will not pay for loss resulting from any of the follow ing a Dishonest or criminal acts by 1 You your partners employ ees directors ftrustees or authorized representatives 2 A manager or a member if you are a limited liability company 3 Anyone else with an interest in the records of accounts re ceivable or their employees or authorized representatives or Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 15 of 35 FM 10104 04 Page 15 of 35 | 2 |
b c d e 04 4 Anyone else entrusted with the records of accounts re ceivable for any purpose. This Paragraph 5a applies whether or not such persons are acting alone or in collusion with other persons or such act occurs during the hours of employment. However this Paragraph 5a does not apply to dishonest acts of a carrier for hire or to acts of de struction by your employees. However theft by employees is still not covered. Alteration falsification conceal ment or destruction of records of accounts receivable done to con ceal the wrongful giving taking or withholding of money securi ties or other property. This exclusion applies only to the extent of the wrongful giving tak ing or withholding. Bookkeeping accounting or billing errors or omissions. Electrical or magnetic injury dis turbance or erasure of electronic data that is caused by or results from 1 Programming errors or faulty machine instructions 2 Faulty installation or mainte nance of data processing equipment or component parts 3 An occurrence that took place more than 100 feet from your premises or 4 Interruption of electrical power supply power surge blackout or brownout if the cause of such occurrence took place more than 100 feet from your premises. But we will pay for direct loss caused by lightning. Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme trick de vice or false pretense. A loss that requires any audit of records or any inventory computa tion to prove its factual existence. 6 Determination of a If you canno the amount c outstanding loss the fol used 1 Determir erage m counts r months ing the loss oc 2 Adjustth fluctuatic accounts month ir curred strated erage foi b The followin from the tota receivable h established 1 The am for whic and 2 The am that yol establisk 3 An amol able ba normally 4 Al une service The most we will pay Coverage Extension i occurrence. Business Income a SECTION C. DEDUC to this Coverage Exter 1 Business Incoms We will pay for th ness Income an sustain due to th sion of your o period of restorz sion must be ca cal loss to proj caused by or res ered Cause of L loss to persona or personal prop premises inclu Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. 6 Determination of Receivables a If you can not accurately establish the amount of accounts receivable outstanding as of the time of loss the following method will be used 1 Determine the total of the av erage monthly amounts of ac counts receivable for the 12 months immediately preced ing the month in which the loss occurs and 2 Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the loss oc curred or for any demon strated variance from the av erage for that month. b The following will be deducted from the total amount of accounts receivable however that amount is established 1 The amount of the accounts for which there is no loss and 2 The amount of the accounts that you are able to re establish or collect and 3 An amount to allow for prob able bad debts that you are normally unable to collect and 4 Al unearned interest and service charges. The most we will pay for loss under this Coverage Extension is 25000 in any one occurrence. Business Income and Extra Expense SECTION C. DEDUCTIBLE does not apply to this Coverage Extension. 1 Business Income We will pay for the actual loss of Busi ness Income and Rental Value you sustain due to the necessary suspen sion of your operations during the period of restoration. The suspen sion must be caused by direct physi cal loss to property at a premises caused by or resulting from any Cov ered Cause of Loss. With respect to loss to personal property in the open or personal property in a vehicle the premises include the area within FM 101 04 04 Page 16 of 35 | 2 |
et of the site at which the s are located. pense ay Extra Expense you incur e period of restoration void or minimize the suspen of business and to continue rations At the premises or At replacement locations or at temporary locations including a Relocation and expenses b Costs to equip and oper ate the replacement or temporary locations or minimize the suspension of ness if you can not continue rations. will pay Extra Expense to re or replace any property or to arch replace or restore the information on damaged lable papers and records to the extent it reduces the unt of loss that otherwise ld have been payable under Coverage Part and y property obtained for tempo use during the period of res ion remains after the re ption of normal operations amount we will pay under this erage will be reduced by the age value of that property. remises re a tenant and occupy only e site at which the premises ted for the purpose of this e Extension only your prem he portion of the building that lease or occupy including area within the building or on site at which the premises ocated if that area services or sed to gain access to the mises and personal property in the open 1 a vehicle within 1000 feet. 4 8 6 Civil Authority We will pay for the actual loss of Busi ness Income you sustain and Extra Expense you incur caused by action of civil authority that prohibits access to the premises due to direct physical loss to property other than at the premises caused by or resulting from any Covered Cause of Loss. This coverage will apply for a period of up to 30 consecutive days from the date of that action. Alterations and New Buildings We will pay for the actual loss of Busi ness Income you sustain and Extra Expense you incur due to direct physical loss at the premises caused by or resulting from any Cov ered Cause of Loss to a New buildings or structures whether complete or under con struction b Alterations or additions to existing buildings or structures and c Machinery equipment supplies or building materials located on or within 1000 feet of the premises and 1 Used in the construction al terations or additions or 2 Incidental to the occupancy of new buildings. If such direct physical loss delays the start of operations the period of restoration for Business Income Cov erage will begin on the date opera tions would have begun if the direct physical loss had not occurred. Newly Acquired Locations We will pay the actual loss of Business Income you sustain and Extra Ex pense you incur due to direct physical loss to Covered Property at any loca tion you acquire caused by or resulting from a Covered Cause of Loss. This coverage for the Newly Acquired loca tions will end when any of the following first occurs a This policy expires b You report values to us c 90 days pass from the date you acquire or begin to construct the Covered Property. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 17 of 35 2 3 1000 feet of the site at which the premises are located. Extra Expense We will pay Extra Expense you incur during the period of restoration a To avoid or minimize the suspen sion of business and to continue operations 1 Atthe premises or 2 Atreplacement locations or at temporary locations including a Relocation expenses and b Costs to equip and oper ate the replacement or temporary locations or b To minimize the suspension of business if you can not continue operations. However a We will pay Extra Expense to re pair or replace any property or to research replace or restore the lost information on damaged valuable papers and records only to the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Part and b If any property obtained for tempo rary use during the period of res toration remains after the re sumption of normal operations the amount we will pay under this Coverage will be reduced by the salvage value of that property. Tenant Premises If you are a tenant and occupy only part of the site at which the premises are located for the purpose of this Coverage Extension only your prem ises is the portion of the building that you rent lease or occupy including a Any area within the building or on the site at which the premises are located if that area services or is used to gain access to the premises and b Your personal property in the open or in a vehicle within 1000 feet. FM 10104 04 Page 17 of 35 | 2 |
7 Extended Business Income a For Business Income Other Than Rental Value if the necessary suspension of your operations produces a Business Income or Extra Expense loss payable under this Coverage Part we will pay for the actual loss of Busi ness Income you sustain and Extra Expense you incur during the period that 1 Begins on the date property except finished stock actually repaired rebuilt or re placed and operations are resumed and 2 Ends on the earlier of a The date you could re store your operations with reasonable speed to the level which would generate the business in come amount that would have existed if no direct had oc physical loss curred or b 60 consecutive days after the date determined a1 above. However Extended Business In come does not apply to loss of Business Income sustained or Extra Expense incurred as a re sult of unfavorable business con ditions caused by the impact of the Covered Cause of Loss in the area where the premises are located. Loss of Business Income must be caused by direct physical loss at the premises caused by or re sulting from any Covered Cause of Loss. b For Rental Value if the neces sary suspension of your opera tions produces a Rental Value loss payable under this Cover age Part we will pay for the actual loss of Rental Value you incur during the period that 1 Begins on the date property is actually repaired rebuilt or re placed and tenantability is re stored and 2 Ends on the earlier of a The date you could re store tenant occupancy 8 with reasonable speed to the level which would generate the Rental Value that would have existed if no direct physi cal loss had occurred or b 60 consecutive days after the date determined in b1 above. However Extended Business Income does not apply to loss of Rental Value incurred as a result of unfavorable business conditions caused by the im pact of the Covered Cause of Loss in the area where the premises are lo cated. Loss of Rental Value must be caused by direct physical loss at the prem ises caused by or resulting from any Covered Cause of Loss. Interruption of Computer Operations a b c Subject to all provisions of this Coverage Extension you may extend the insurance that applies to Business Income and Extra Ex pense to apply to a suspension of operations caused by an inter ruption in computer operations due to destruction or corruption of electronic data as described in SECTION A. COVERAGE 5. Coverage Extensions d. Elec tronic Data. Paragraph 8a does not apply to loss sustained or expense in curred after the end of the period of restoration even if the amount of insurance stated in Paragraph 8c has not been exhausted. The most we will pay under Para graph 8 of this Coverage Exten sion is 2500 for all loss sus tained and expense incurred in the coverage term regardless of the number of interruptions or the number of premises or computer systems involved. If loss payment relating to the first interruption does not exhaust this amount then the balance is available for subsequent interruptions in that coverage term. A balance re maining at the end of a coverage term does not carry over to the next coverage term. With respect to an interruption that begins in a coverage term and continues or Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with 104 04 permission of American Association of Insurance Services Inc. Page 18 of 35 FM 101 04 04 Page 18 of 35 | 2 |
results in additional loss or ex pense in a subsequent coverage term all loss and expense is deemed to be sustained in the coverage term in which the inter ruption began. This 2500 coverage for Interrup tion of Computer Operations does not increase the Limit of Insurance provided in this Coverage Exten sion. The most we will pay for loss under this Business Income and Extra Expense Coverage Extension is 25000 in any one occurrence. c. Collapse 1 With respect to buildings a Collapse means an abrupt falling down or caving in of a building or any part of a building with the re sult that the building or part of the building can not be occupied for its intended purpose. b A building or any part of a building that is in imminent danger of col lapse is not considered to be in a state of collapse. c A building that is standing or any part of a building that is standing is not considered to be in state of collapse even if it 1 Has separated from another part of a building or 2 Shows evidence of cracking bulging sagging bending leaning settling shrinking or expanding. 2 We will pay for loss to Covered Prop erty caused by collapse of a building or any part of a building insured under this Coverage Part if the collapse is caused by one or more of the following a Specified Causes of Loss and breakage of building glass as pro vided under this Coverage Part. b Decay that is hidden from view unless the presence of such decay is known or should reasonably have been known to an insured prior to collapse c Insect or vermin damage that is hidden from view unless the pres ence of such damage is known or should reasonably have been 3 4 known to an insured prior to col lapse d Weight of people or personal property e Weight of rain that collects on a roof f Use of defective material or meth ods in construction remodeling or renovation if the collapse occurs during the course of the construc tion remodeling or renovation. However if the collapse occurs after construction remodeling or renovation is complete and is caused in part by a cause of loss listed in 2a through 2e of this Coverage Extension we will pay for loss even if the use of defec tive material or methods in con struction remodeling or renova tion contributes to the collapse. The criteria set forth in 1a through 1c of this Coverage Extension do not limit the coverage otherwise pro vided for the causes of loss listed in 2a 2d or 2e of this para graph. If the following is Covered Property un der this Coverage Part a Outdoor radio or television anten nas including satellite dishes and their lead in wiring masts or tow ers b Awnings gutters and downspouts c Yard fixtures d Outdoor swimming pools e Fences f Piers wharves and docks g9 Beach or diving platforms includ ing their appurtenances h Retaining walls and i Walks roadways and other paved surfaces we will pay for loss caused by its col lapse if such loss is a direct result of the collapse of a building or structure insured under this Coverage Part. That building collapse must be caused by a cause of loss listed in 2b through 2f of this Coverage Extension. If personal property abruptly falls down or caves in and such collapse is not the Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with V1 101 04 04 permission of American Association of Insurance Services Inc. Page 19 of 35 FM 10104 04 Page 19 of 35 | 2 |
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