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result of collapse of a building or inspect design structure we will pay for loss to Cov tain repair or re ered Property caused by such collapse electronic data. f I rty only if of personal property only i 3 The most we will a The collapse was caused by a age Extension is cause of loss listed in 2a sustained in the through 2f of this Coverage gardless of the n Extension of loss or the nu computer systen b The personal property that col payment on the lapses is inside a building and not exhaust this c The property that collapses is not ance is available of a kind listed in 3 of this Cover sustained in the age Extension regardless of balance remainin whether that kind of property is does not carry o considered to be personal prop age term. With erty or real property. rence which beg term and contint However the coverage stated in 4 of tional loss in a s this Coverage Extension does not ap term all loss i ply to personal property if marring tained in the co andor scratching is the only damage to the occurrence be tcllelxltagsonal property caused by the e. Fairs or Exhibitions Collapse of personal property does not You may extend the i mean cracking bulging sagging this Coverage Part.0 bending leaning settling shrinking or Covered Propenyz n expanding. erly ofv others yvmle it exhibitions. This Cov 5 This Coverage Extension shall not in not apply while Cover crease the Limits of Insurance provided sit to or from the fair ol in this Coverage Part. The most we will pay d. Electronic Data Coverage Extension i occurrence. 1 We will pay for the cost to replace or u restore electronic data which has The Limit of Insuranc been destroyed or corrupted by a Cov Coverage Extension c ered Cause of Loss that applies to cation. SECTION A. COVERAGE 1. Covered Property d. Business Personal f. Fences Property. To the extent that elec You may extend the i tronic data is not replaced or restored Buildings to apply the loss will be valued at the cost of fences for which a Lir replacement of the media on which the shown in the Declara electronic data was stored with blank within 1000 feet of media of substantially identical type. most we will pay for 2 For this Coverage Extension only erage Extension is Covered Causes of Loss include a vi currence. rus harmful code or similar instruction g. Fungi Wet Rot Dr introduced into or enacted on a com Limited Coverage puter system including electronic data or a network to which it is con 1 The coverage de nected that is designed to damage or g.3 only applies destroy any part of the system or dis or dry rot or bact rupt its normal operation. However Covered Cause there is no coverage for loss caused during the cover by or resulting from manipulation of a all reasonable n computer system including electronic save and preser data by any employee including a further damage a temporary or leased employee or by that occurrence. an entity retained by you or for you to Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with Vi 101 04 04 permission of American Association of Insurance Services Inc. e. inspect design install modify main tain repair or replace that system or electronic data. 8 The most we will pay under this Cover age Extension is 2500 for all loss sustained in the coverage term re gardless of the number of occurrences of loss or the number of premises or computer systems involved. If loss payment on the first occurrence does not exhaust this amount then the bal ance is available for subsequent loss sustained in the coverage term. A balance remaining in a coverage term does not carry over to the next cover age term. With respect to an occur rence which begins in the coverage term and continues or results in addi tional loss in a subsequent coverage term all loss is deemed to be sus tained in the coverage term in which the occurrence began. Fairs or Exhi ns You may extend the insurance provided by this Coverage Part to apply to loss to your Covered Property including covered prop erty of others while it is located at fairs or exhibitions. This Coverage Extension does not apply while Covered Property is in tran sit to or from the fair or exhibition. The most we will pay for loss under this Coverage Extension is 10000 in any one occurrence. The Limit of Insurance provided under this Coverage Extension does not apply per lo cation. Fences You may extend the insurance provided for Buildings to apply to loss to outdoor fences for which a Limit of Insurance is not shown in the Declarations that are located within 1000 feet of the premises. The most we will pay for loss under this Cov erage Extension is 5000 in any one oc currence. Fungi Wet Rot Dry Rot and Bacteria d Coverage 1 The coverage described in g.2 and g.3 only applies when the fungi wet or dry rot or bacteria is the result of a Covered Cause of Loss that occurs during the coverage term and only if all reasonable means were used to save and preserve the property from further damage at the time of and after that occurrence. FM 101 04 04 Page 20 of 35 | 2 |
2 3 4 5 10404 We will pay for loss by fungi wet or dry rot or bacteria. As used in this Coverage Extension the term loss means a Direct physical loss to Covered Property caused by fungi wet or dry rot or bacteria including the cost of removal of the fungi wet or dry rot or bacteria b The cost to tear out and replace any part of the building or other property as needed to gain access to the fungi wet or dry rot or bacteria and c The cost of testing performed after removal repair replacement or restoration of the damaged prop erty is completed provided there is a reason to believe that fungi wet or dry rot or bacteria are pres ent. The coverage described under g.2 of this Coverage Extension is limited to 15000. Regardless of the number of claims this limit is the most we will pay for the total of all loss arising out of all occurrences that take place in the coverage term. With respect to a particular occurrence of loss which results in fungi wet or dry rot or bac teria we will not pay more than a total of 15000 even if the fungi wet or dry rot or bacteria continues to be pre sent or active or recurs in a subse quent coverage term. The coverage provided under this Coverage Extension does not increase the applicable Limit of Insurance on any Covered Property. If a particular occurrence results in loss by fungi wet or dry rot or bacteria and other loss we will not pay more for the to tal of all loss than the applicable Limit of Insurance on the affected Covered Property. If there is covered loss to Covered Property not caused by fungi wet or dry rot or bacteria loss payment will not be limited by the terms of this Cov erage Extension except to the extent that fungi wet or dry rot or bacteria causes an increase in the loss. Any such increase in the loss will be sub ject to the terms of this Coverage Ex tension. The terms of this Coverage Extension do not increase or reduce the coverage provided under 6 1 a SECTION A. COVERAGE 5. Coverage Extensions c. Col lapse b SECTION A. COVERAGE 5. Coverage Extensions s. Water Other Liquids Powder or Molten Material Damage The following 6a or 6b apply only if Business Income Rental Value or Extra Expense Coverage applies to the premises and only if the suspension of operations satisfies all terms and conditions of the applicable Business Income Rental Value or Extra Ex pense Coverage. a If the loss which resulted in fungi wet or dry rot or bacteria does not in itself necessitate a suspension of operations but such suspension is necessary due to loss to property caused by fungi wet or dry rot or bacteria then our payment under Business Income andor Extra Expense is limited to the amount of loss andor expense sustained in a pe riod of not more than 30 days. The days need not be consecu tive. b If a covered suspension of op erations was caused by loss other than fungi wet or dry rot or bacteria but remediation of fungi wet or dry rot or bacteria prolongs the period of restoration we will pay for loss andor expense sustained during the delay re gardless of when such a delay oc curs during the period of restora tion but such coverage is limited to 30 days. The days need not be consecutive. h. Glass If a Covered Cause of Loss occurs to building glass that is Covered Property we will also pay necessary expenses you incur to a Put up temporary plates or board up openings if repair or replace ment of damaged glass is delayed b Repair or frames replace encasing c Remove or replace obstructions except expenses to remove or replace window displays and d Repair or replace alarm tapes. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 21 of 35 FM 10104 04 Page 21 of 35 | 2 |
2 3 If you are a tenant at a covered prem ises and a The building you occupy is not Covered Property and b You are legally liable for physical loss to the building glass in that building we will pay up to 5000 in any one oc currence for loss to that building glass subject to the deductible as de scribed in SECTION C. DEDUCTIBLE. For this Coverage Extension SEC TION A. COVERAGE 3. Covered Causes of Loss b. Exclusions does not apply to this Coverage Extension except as follows a Exclusion 1b Earth Move ment b Exclusion 1c Governmental Action c Exclusion 1d Nuclear Hazard d Exclusion 1f War and Military Action e Exclusion 2d1 Wear and tear and f As listed in Exclusion 2d2 Rust or other corrosion hidden or latent defect or any quality in property that causes it to damage or destroy itself. Newly Acquired or Constructed Prop erty 1 Buildings If this Coverage Part provides cover age under SECTION A. COVERAGE 1. Covered Property a. Building you may extend that insurance to apply to loss to a Your new buildings while being built on the premises b Buildings you newly acquire cur rently at the premises and c Buildings you acquire at locations other than the premises in tended for 1 Similar use as the building described in the Declarations or 2 Use as a warehouse. 3 The most we will pay for loss to a building under this Coverage Extension is 1000000 for each building. 2 Business Personal Property a b If this policy provides coverage under SECTION A. COVERAGE 1. Covered Property d. Busi ness Personal Property you may extend that insurance to apply to loss to 1 Business personal property including such property that you newly acquire at any lo cation you acquire other than at fairs trade shows or exhibi tions 2 Business personal property including such property that you newly acquire located at your newly constructed or ac quired buildings at a prem ises or 3 Business personal property that you newly acquire pro vided it was already located at the premises at the time of acquisition. This Extension does not apply to 1 Personal property of others that is temporarily in your possession in the course of installing or performing work on such property or 2 Personal property of others that is temporarily in your possession in the course of your manufacturing or whole saling activities. The most we will pay for loss to your Business Personal Property under this Coverage Extension is 500000 at each building. Insurance under this Coverage Exten sion will end when any of the following first occurs a b c This policy expires. 90 days pass from the date you acquire your new building or busi ness personal property or begin construction on that part of the building that would qualify as Cov ered Property or You report values to us. 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 22 of 35 | 2 |
f Falling objects. The most we will pay for loss under this Coverage Extension is 5000 in any one occurrence but not more than 1000 for any one tree shrub or plant. Personal Effects You may extend the insurance that applies to your Business Personal Property to apply to loss to Personal effects owned by 1 You your officers or your partners or if you are a limited liability company your members or your managers or 2 Your employees including temporary and leased employees including tools owned by your employees that are used in your business. However em ployee tools are not covered for theft. This Coverage Extension does not apply to money or securities. If theft is included as a Covered Cause of Loss under this Coverage Part then this Coverage Extension has a 500 per occur rence limitation for loss by theft. The most we will pay for loss under this Coverage Extension is 10000 in any one occurrence.. Property Off Premises 1 You may extend the insurance pro vided by this Coverage Part to apply to loss to your Covered Property in cluding personal property of others as described in SECTION A. COVERAGE 1. Covered Property d. Business Personal Property while it is away from the premises if it is a Temporarily at a location you do not own lease or operate or b In storage at a location you lease provided the lease was executed for the first time after the beginning of the current coverage term. 2 This Coverage Extension does not ap ply to Covered Property at exhibitions or fairs or in transit. The most we will pay for loss under this Coverage Extension is 10000 in any one occurrence. The Limit of Insurance provided by this Coverage Extension does not apply per lo cation. We will charge you additional premium for f Falling objects. values reported from the date construction. begins on that part of the building that The most we will pay would qualify as Covered Property or you Coverage Extension acquire the new property. occurrence but not r any one tree shrub or j. Non Owned Building Damage If you are a tenant you may extend the in Personal Effects surance provided by this Coverage Part for You may extend the i Business Personal Property to loss that to your Bumess Pers oceurs to the building at a premises you to loss to occupy but do not own. Such loss must Personal effects owne be caused by theft or attempted theft..... 1 You your officers This Coverage Extension applies only if if you are a limi your lease makes you legally responsible your members or for that part of the building sustaining loss. 2 Your employees This Coverage Extension does not apply to and leased emple 1 Glass including lettering and orna owned by your mentation and also necessary used in your bus ployee tools are n a Repair or replacement of encasing frames or alarm tapes and This Coverage Extens money or securities b Expenses incurred to board up openings or remove or replace If theft is included as obstruction. Loss under this Cov Coverage Extension F 2 Building materials and equipment re rence limitation for los moved from the premises. v premi The most we will pay The most we will pay for loss under this Coverage Extension i Coverage Extension is 25000 in any one occurrence. occurrence. m. Property Off Premi 1 You may extenc k. Outdoor Property You may extend the insurance provided by vided by this Cov this Coverage Part to apply to loss to your loss to your C L cluding personal 1 Radio antennas television antennas or described in SEC satellite dishes including their lead in 1. Covered Prc wiring masts and towers Personal Propel 2 Trees shrubs or plants other than from the premise stock of trees shrubs or plants and a Temporarily 3 If you are a tenant to your awnings not own leas that are attached to a building you oc b In storage at cupy provided the including debris removal expense but only for the first tir if caused by or resulting from any of the of the current following causes of loss if they are included 2 This Coverage E as Covered Causes of Loss under this plyl to CJverged P Coverage Part or fairs or in trans a Fire The most we will pay b Lightning Coverage Extension i occurrence. c Explosion The Limit of Insurar d Riot or Civil Commotion Coverage Extension c cation. e Aircraft or Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with Vi 101 04 04 permission of American Association of Insurance Services Inc. FM 10104 04 Page 23 of 35 | 2 |
Vi 101 04 04 Sians You may extend the insurance provided by this Coverage Part including debris re moval expense to apply to loss to signs not otherwise insured by this Coverage Part. The most we will pay for loss under this Coverage Extension is 5000 in any one occurrence. The Limit of Insurance provided by this Coverage Extension does not apply per lo cation. Trailers Non Owned Detached 1 You may extend the insurance that ap plies to your Business Personal Prop erty to apply to loss to trailers that you do not own provided that a The trailer is used in your busi ness b The trailer is temporarily in your care custody or control at the premises and c You have a contractual responsi bility to pay for loss to the trailer. 2 We will not pay for any loss that oc curs a While the trailer is attached to any motor vehicle or motorized con veyance whether or not the motor vehicle or motorized conveyance is in motion b During hitching or unhitching op erations or when a trailer be comes accidentally unhitched from a motor vehicle or motorized con veyance. 3 This insurance is excess over the amount due whether you can collect on it or not from any other insurance covering such property. 4 This Coverage Extension does not ap ply to any property inside or on the trailer. The most we will pay for loss under this Coverage Extension is 5000 in any one occurrence. Transportation You may extend the insurance provided by this Coverage Part to apply to loss to your Covered Property including personal prop erty of others as described in SECTION A. COVERAGE 1. Covered Property d. Business Personal Property while it is in or on a vehicle including loading and un loading of the property. The most we will pay for loss under this Coverage Extension is 10000 in any one occurrence. The Limit of Insurance provided by this Coverage Extension does not apply per lo cation. Utility Services You may extend the insurance provided under this Coverage Part including the in surance provided in SECTION A. COVER AGE 5. Coverage Extensions b. Busi ness Income and Extra Expense to apply to loss caused by the partial or complete suspension of the utility services listed be low. The partial or complete suspension of services must be caused by direct damage to those services from a Covered Cause of Loss. 1 Power Supply Services meaning the following types of property supplying electricity steam or natural gas to the premises a Utility generating plants b Switching stations c Substations d Transformers and e Transmission lines excluding overhead transmission and distri bution lines. 2 Water Supply Services meaning the following types of property supplying water to the premises a Pumping stations and b Water mains. 8 Communication Supply Services meaning property supplying communi cation services including telephone radio microwave or television services to the premises such as a Communication transmission lines including fiber optic transmission lines excluding overhead trans mission and distribution lines b Coaxial cables and c Microwave radio relays excluding satellites. 4 This Coverage Extension does not ap ply to loss to electronic data in Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 24 of 35 FM 101 04 04 Page 24 of 35 | 2 |
destruction or corruption of ic data. will pay for loss under this tension is 25000 in any one pers and Records DEDUCTIBLE does not apply ige Extension. o Paragraph 3 of this Cover nsion we will pay necessary U incur to research replace or st or damaged information on papers and records that are perty or the property of others are custody or control result loss caused by a Covered Loss. e does not apply to erty that can not be replaced other property of like kind and ity erty held as samples or for ery after sale erty in storage away from the mises except as provided in of this Coverage Extension traband or property in the se of illegal transportation or uable papers and records in form of electronic data in ing the materials on which the stronic data is recorded. t we will pay for loss is the ne following amounts cost of reasonably restoring damaged property to its condi immediately before the loss cost of replacing the damaged erty with substantially identical erty or actual cash value of the dam 1 property at the time of loss. we will not pay for loss un intil the damaged property is eplaced or restored and then ich replacement or restoration ithin 36 months from the date xtend coverage to include 8 6 a Removal If you give us written notice within 30 days of removal of your valu able papers and records 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 Limits 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 valuable papers and rec ords while they are away from your premises. 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 and Exclusion 1f War and Military Action. c In addition to Paragraph 5 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 25 of 35 cluding destruction or corruption of electronic data. The most we will pay for loss under this Coverage Extension is 25000 in any one occurrence. Valuable Papers and Records SECTION C. DEDUCTIBLE does not apply to this Coverage Extension. 1 2 3 4 Subject to Paragraph 3 of this Cover age Extension we will pay necessary costs you incur to research replace or restore lost or damaged information on valuable papers and records that are your property or the property of others in your care custody or control result ing from loss caused by a Covered Cause of Loss. Coverage does not apply to a Property that can not be replaced with other property of like kind and quality b Property held as samples or for delivery after sale c Property in storage away from the premises except as provided in 4b of this Coverage Extension d Contraband or property in the course of illegal transportation or trade e Valuable papers and records in the form of electronic data in cluding the materials on which the electronic data is recorded. The most we will pay for loss is the least of the following amounts a The cost of reasonably restoring the damaged property to its condi tion immediately before the loss b The cost of replacing the damaged property with substantially identical property or c The actual cash value of the dam aged property at the time of loss. However we will not pay for loss un less or until the damaged property is actually replaced or restored and then only if such replacement or restoration occurs within 36 months from the date of loss. We will extend coverage to include FM 10104 04 Page 25 of 35 | 2 |
4 Anyone else entrusted with the records of accounts re ceivable for any purpose. This Paragraph 6a 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 6a 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. b Errors or omissions in processing or copying. However we will pay for that portion of direct loss caused by resulting fire or explo sion if these causes of loss would be covered by this Coverage Part. c Electrical or magnetic injury dis turbance or erasure of electronic recordings. But we will pay for loss caused by lightning. d 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. The most we will pay for loss under this Coverage Extension is 25000 in any one occurrence. s. Water Other Li ids Powder or Mol ten Material Damage 1 2 If a covered loss to which this insur ance applies was caused by or re sulted from water or other liquid pow der or molten material damage we will also pay the cost to tear out and re place any part of the building or struc ture to repair damage to the system or appliance from which the water or other substance escapes. We will not pay the cost to repair any defect to a system or appliance from which water other liquid powder or molten material escapes. But we will pay the cost to repair or replace dam aged parts of fire extinguishing equip ment if the damage a Results in discharge of any sub stance from an automatic fire pro tection system or b Is directly caused by freezing. Anyone else entrusted with the records of accounts re ceivable for any purpose. Paragraph 6a applies ther or not such persons are g alone or in collusion with r persons or such act occurs 1 g the hours of employment. ever this Paragraph 6a s not apply to dishonest acts of rrier for hire or to acts of de ton by your employees. ever theft by employees is 10 t covered. rs or omissions in processing opying. However we will pay that portion of direct loss sed by resulting fire or explo if these causes of loss would overed by this Coverage Part. trical or magnetic injury dis ance or erasure of electronic rdings. But we will pay for caused by lightning. ntary parting with any property ou or anyone entrusted with oroperty if induced to do so by fraudulent scheme trick de or false pretense. will pay for loss under this ension is 25000 in any one r Liquids Powder or Mol Damage red loss to which this insur plies was caused by or re om water or other liquid pow olten material damage we will the cost to tear out and re y part of the building or struc pair damage to the system or e from which the water or other e escapes. ot pay the cost to repair any a system or appliance from ater other liquid powder or naterial escapes. But we will cost to repair or replace dam rts of fire extinguishing equip e damage ults in discharge of any sub ce from an automatic fire pro on system or rectly caused by freezing. However this Paragraph s.2 does not apply to Business Income coverage or to Extra Expense coverage. SECTION B. LIMITS OF INSURANCE The most we will pay for loss in any one occur rence is the applicable Limit of Insurance shown in the Declarations except as amended in SECTION A. COVERAGE 1. 3. Covered Causes of Loss c. Limitations. 2. 4. Additional Coverages and 3. 5. Coverage Extensions. SECTION C. DEDUCTIBLE Except as otherwise provided in any one occur rence of loss we will first reduce the amount of loss if required by SECTION E. ADDITIONAL CONDITIONS 1. Coinsurance or F. OPTIONAL COVERAGES 1. Agreed Value. If the adjusted amount of loss is less than or equal to the Deducti ble we will not pay for that loss. If the adjusted amount of loss exceeds the Deductible we will then subtract the Deductible from the adjusted amount of loss and will pay the resulting amount or the Limit of Insurance whichever is less. When the occurrence involves loss to more than one item of Covered Property and separate Limits of Insurance apply the losses will not be combined in determining application of the Deductible. But the Deductible will be applied only once per occurrence. 1. Deductible Examples Example No. 1 This example assumes there is no coinsurance penalty as outlined in SECTION E. ADDI TIONAL CONDITIONS 1. Coinsurance. Deductible 250 Limit of Insurance Bldg. 1 60000 Limit of Insurance Bldg. 2 80000 Loss to Bldg. 1 60100 Loss to Bldg. 2 90000 The amount of loss to Bldg. 1 60100 is less than the sum 60250 of the Limit of Insurance applicable to Bldg. 1 plus the Deductible. The Deductible will be subtracted from the amount of loss in calculating the loss payable for Bldg. 1 60100 250 59850 Loss Payable Bldg. 1 The Deductible applies once per occurrence and therefore is not subtracted in determining the amount of loss payable for Bldg. 2. Loss payable for Bldg. 2 is the Limit of Insurance of 80000. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 26 of 35 ince Bldg. 1 ince Bldg. 2.1 t y D FM 101 04 04 Page 26 of 35 | 2 |
Total amount of loss payable 59850 80000 139850. Example No. 2 This example also assumes there is no coinsurance penalty. The Deductible and Limits of Insurance are the same as those in Example No. 1 Loss to Bldg. 1 70000 Exceeds Limit of Insurance plus Deductible Loss to Bldg. 2 90000 Exceeds Limit of Insurance plus Deductible Loss Payable Bldg. 1 60000 Limit of Insurance Loss Payable Bldg. 2 80000 Limit of Insurance Total amount of loss payable 140000. 2. Glass Deductible When loss to Covered Property only involves building glass the Deductible for that loss will be the lesser of a. 500 or b. The Deductble shown in the Declarations for that Covered Property. SECTION D. LOSS CONDITIONS The following conditions apply in addition to the COMMON POLICY CONDITIONS and the COM MERCIAL PROPERTY CONDITIONS. 1. Abandonment There can be no abandonment of any property to us. 2. Appraisal If we and you disagree on the value of the prop erty the amount of Net Income and operating expense or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two ap praisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property the amount of Net Income and op erating expense and amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other exper and umpire equally. If there is an appraisal we deny the claim. Duties In The Event age a. In the event of loss you must see that the order for coverage to 1 Notify the police been broken. 2 Give us prompt n clude a descriptic volved. 3 As soon as possil tion of how when occurred. 4 Take all reasons the Covered P damage. f feasi property aside an order for examin of your expenses the Covered Proy in the settlement not increase yol However in no any subsequent cause of loss th Cause of Loss. 5 At our request. ventories of the aged property. costs values ar claimed. 6 As often as ma quired permit us erty proving the your books and re Also permit us to aged and undarr spection testing permit us to ma books and record 7 Submit a signed containing the in to investigate the this within 60 da We will supply yc forms. 8 Cooperate with u or settlement of t FM 10104 04 Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we still retain our right to deny the claim. 3. Duties In The Event of Loss or Dam age a. In the event of loss to Covered Property you must see that the following are done in order for coverage to apply 1 2 3 4 8 6 7 8 Notify the police if a law may have been broken. Give us prompt notice of the loss. In clude a description of the property in volved. As soon as possible give us a descrip tion of how when and where the loss occurred. Take all reasonable steps to protect the Covered Property from further damage. f feasible set the damaged property aside and in the best possible order for examination. Keep a record of your expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase your limit of insurance. However in no event will we pay for any subsequent loss resulting from a cause of loss that is not a Covered Cause of Loss. At our request give us complete in ventories of the damaged and undam aged property. Include quantities costs values and amount of loss claimed. As often as may be reasonably re quired permit us to inspect the prop erty proving the loss and examine your books and records. Also permit us to take samples of dam aged and undamaged property for in spection testing and analysis and permit us to make copies from your books and records. Submit a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. Cooperate with us in the investigation or settlement of the claim. FM 10104 04 Page 27 of 35 | 2 |
9 If you intend to continue your business you must resume all or part of your operations as quickly as possible. We may examine any insured under oath while not in the presence of any other in sured and at such times as may be rea sonably required about any matter relating to this insurance or the claim including an insured s books and records. In the event of an examination an insured s answers must be signed. 4. Loss Payment a. In the event of loss insured by this Cover age Part at our option we will either 1 Pay the value of lost or damaged prop erty 2 Pay the cost of repairing or replacing the lost or damaged property 3 Take all or any part of the property at an agreed or appraised value or 4 Repair rebuild or replace the property with other property of like kind and quality. We will determine the value of lost or dam aged property or the cost of its repair or re placement in accordance with the applica ble terms of SECTION D. LOSS CONDI TIONS 7. Valuation or any applicable pro vision that amends or supercedes this valuation condition. The cost of repair or replacement does not include the increased cost attributable to enforcement of any ordinance or law regu lating the construction use or repair of any property except as provided in SECTION A. COVERAGE 4. Additional Coverages g. Ordinance or Law. We will give notice of our intentions within 30 days after we receive the sworn proof of loss. We will not pay you more than your financial interest in the Covered Property. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners such payments will satisfy your claims against us for the own ers property. We will not pay the owners more than their financial interest in the Cov ered Property. Our payment for loss to personal property of others and personal effects will only be for the account of the owner of the property. end to continue your business t resume all or part of your ns as quickly as possible. mine any insured under oath the presence of any other in t such times as may be rea ired about any matter relating nce or the claim including an ks and records. In the event nation an insured s answers 2d. t of loss insured by this Cover ur option we will either value of lost or damaged prop cost of repairing or replacing r damaged property or any part of the property at d or appraised value or ebuild or replace the property er property of like kind and mine the value of lost or dam y or the cost of its repair or re accordance with the applica SECTION D. LOSS CONDI luation or any applicable pro amends or supercedes this dition. epair or replacement does not ncreased cost attributable to of any ordinance or law regu istruction use or repair of any ept as provided in SECTION 5E 4. Additional Coverages or Law. notice of our intentions within we receive the sworn proof of 1y you more than your financial Covered Property. st losses with the owners of jed property if other than you. owners such payments will laims against us for the own We will not pay the owners ir financial interest in the Cov 2 for loss to personal property i personal effects will only be nt of the owner of the property. g We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. We will pay for insured loss within 30 days after we receive the sworn proof of loss if you have complied with all of the terms of this Coverage Part and 1 We have reached agreement with you on the amount of loss or 2 An appraisal award has been made. Loss Payment Ordinance or Law. With respect to SECTION A. COVERAGE 4. Additional Coverages g. Ordinance or Law 1 Loss to the building including loss in value of the undamaged portion of the building due to enforcement of an ordi nance or law will be determined as follows a If the Replacement Cost option is indicated in the Declarations and the property is repaired or re placed on the same premises or another premises we will not pay more than the amount you actually spend to repair rebuild or recon struct the building but not for more than the amount it would cost to restore the building on the same premises and to the same height floor area style and com parable quality of the original property insured or b If the Replacement Cost option is shown in the Declarations and the property is not repaired or re placed or if the Replacement Cost Coverage Option does not apply we will not pay more than the ac tual cash value of the building at the time of loss. 2 For Demolition Cost we will not pay more than the amount you actually spend to demolish and clear the site of the premises. 3 With respect to the Increased Cost of Construction a We will not pay for the increased cost of construction until the prop erty is actually repaired or re placed at the same premises or another premises and unless the repairs or replacement are made as soon as reasonably possible after the loss not to exceed two years. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 28 of 35 FM 101 04 04 Page 28 of 35 | 2 |
b If the building is repaired or re placed at the same premises or if you elect to rebuild at another premises the most we will pay for the increased cost of construction is the increased cost of construc tion at the same premises. c If the ordinance or law requires relocation to another premises the most we will pay for the increased cost of construction is the in creased cost of construction at the new premises. j. Loss Determination Business Income and Extra Expense With respect to SECTION A. COVERAGE 5. Coverage Extensions b. Business In come and Extra Expense 1 The amount of Business Income and Rental Value loss will be deter had occurred. We will deduct from the total of such expenses 1 The salvage value that re mains of any property bought for temporary use during the period of restoration once operations are resumed and 2 Any Extra Expense that is paid for by other insurance except for insurance that is written subject to the same plan terms conditions and provisions as this insurance and b Necessary expenses that reduce the Business Income and Rental Value loss that otherwise would have been incurred. V1 101 04 04 mined based on a The Net Income of the business before the direct physical loss occurred b The likely Net Income of the busi ness if no physical loss had oc curred but not including any Net Income that would likely have been earned as a result of an in crease in the volume of business due to favorable business condi tions caused by the impact of the Covered Cause of Loss on cus tomers or on other businesses c The operating expenses including payroll expenses necessary to re sume operations with the same quality of service that existed just before the direct physical loss and d Other relevant sources of informa tion including 1 Your financial records and ac counting procedures 2 Bills invoices and other vouchers and 3 Deeds liens or contracts. 2 The amount of Extra Expense will be determined based on a All expenses that exceed the nor mal operating expenses that would have been incurred by opera tions during the period of resto ration if no direct physical loss 3 Resumption of Operations We will reduce the amount of your a Business Income and Rental Value loss other than Extra Expense to the extent you can resume your operations in whole or in part by using damaged or undamaged property including merchandise or stock at the premises or elsewhere. b Extra Expense loss to the ex tent you can return operations to normal and discontinue such Ex tra Expense. 4 If you do not resume operations or do not resume operations as quickly as possible we will pay based on the length of time it would have taken to resume operations as quickly as pos sible. 5. Recovered Property If either you or we recover any property after loss settlement that party must give the other prompt notice. At your option the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property subject to the Limit of Insurance. 6. Vacancy a. Description of Terms 1 As used in this Vacancy Condition the term building and the term vacant have the meanings set forth in 1a and 1b below Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 29 of 35 FM 10104 04 Page 29 of 35 | 2 |
a When this Coverage Part is issued to a tenant and with respect to that tenant s interest in Covered Property building means the unit or suite rented or leased to the tenant. Such building is vacant when it does not contain enough business personal property to conduct customary operations. b When this Coverage Part is issued to the owner or general lessee of a building building means the entire building. Such building is vacant unless at least 31 of its total square footage is 1 Rented to a lessee or sub lessee and used by them to conduct their customary op erations or 2 Used by the building owner to conduct customary opera tions. 2 Buildings under construction or reno vation are not considered vacant. b. Vacancy Provisions If the building where loss occurs has been vacant for more than 60 consecutive days before that loss we will 1 Not pay for any loss caused by any of the following even if they are Covered Causes of Loss a Vandalism b Sprinkler leakage unless you have protected the system against freezing c Building glass breakage d Water damage e Theft or f Attempted theft. 2 Reduce the amount we would other wise pay for the loss by 15 with re spect to Covered Causes of Loss other than those listed in b.1a through b.1f of this Loss Condition. 7. Valuation We will determine the value of Covered Property in the event of loss as follows a. At Actual Cash Value as of the time of loss except as provided in b. c. d. and e. below. b. If the Limit of Insurance for Building satisfies SECTION E. ADDITIONAL CONDITIONS 1. Coinsurance and the cost to repair or replace the damaged building property is 2500 or less we will pay the cost of building repairs or replacement. The cost of building repairs or replacement does not include the increased cost attrib utable to enforcement of any ordinance or law regulating the construction use or re pair of any property. However the following property will be valued at actual cash value even when attached to the building 1 Awnings or floor coverings 2 Appliances for refrigerating ventilating cooking dishwashing or laundering or 3 Outdoor equipment or furniture. Stock you have sold but not delivered at the selling price less discounts and ex penses you otherwise would have had. Glass at the cost of replacement with safety glazing material if required by law. Tenant s Improvements and Betterments at 1 Actual Cash Value of the lost or dam aged property if you make repairs promptly. 2 A proportion of your original cost if you do not make repairs promptly. We will determine the proportionate value as follows a Multiply the original cost by the number of days from the loss or damage to the expiration of the lease and b Divide the amount determined in a above by the number of days from the installation of improve ments to the expiration of the lease. If your lease contains a renewal option the expiration of the renewal option pe riod will replace the expiration of the lease in this procedure. 8 Nothing if others pay for repairs or re placement. 4 For the purposes of valuation tenants improvements and betterments are not considered to be the personal property of others. 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 30 of 35 | 2 |
SECTION E. ADDITIONAL CONDITIONS The following conditions apply in addition to the COMMON POLICY CONDITIONS and the COM MERCIAL PROPERTY CONDITIONS. 1 FM 10104 04 Coinsurance If a Coinsurance percentage is shown in the Declarations the following condition applies. a. We will not pay the full amount of any loss if the value of Covered Property at the time of loss times the Coinsurance percentage shown for it in the Declarations is greater than the Limit of Insurance for the property. Instead we will determine the most we will pay using the following steps 1 Multiply the value of Covered Property at the time of loss by the Coinsurance percentage 2 Divide the Limit of Insurance of the property by the figure determined in step 1 3 Multiply to the total amount of loss before the application of any deducti ble by the figure determined in step 2 and 4 Subtract the deductible from the figure determined in step 3. We will pay the amount determined in step 4 or the Limit of Insurance whichever is less. For the remainder you will either have to rely on other insurance or absorb the loss yourself. Example No. 1 Underinsurance The value of the property is 250000 The coinsurance percentage is 80 The Limit of Insurance is 100000 The Deductible is 250 The amount of loss is 40000 Step 1 250000 X 80 200000 the minimum amount of insurance to meet your Coinsurance requirements Step 2 100000 200000.50 Step 3 40000 X.50 20000 Step 4 20000 250 19750. We will pay no more than 19750. The re maining 20250 is not covered. Example No. 2 Adequate Insurance The value of the property is 250000 The coinsurance percentage is 80 The Limit of Insurance is 200000 The Deductible is 250 The amount of loss is 40000 Step 1 250000 X 80 200000 the minimum amount of insurance to meet your Coinsurance requirements Step 2 200000 200000 1.00 Step 3 40000 X 1.00 40000 Step 4 40000 250 39750. We will pay no more than 39750 loss in excess of the Deductible. No penalty ap plies. If one Limit of Insurance applies to two or more separate items this condition will ap ply to the total of all property to which the limit applies. Example No. 3 The values of the property are Bldg. at Location No. 1 75000 Bldg. at Location No. 2 100000 Personal Property at Location No. 2 75.000 250000 The coinsurance percentage is 90 The Limit of Insurance for Buildings and Personal Property at Location Nos. 1and 2is 180000 The Deductible is 1000 The amount of loss Bldg. at Location No. 2 30000 Personal Property at Location No. 2 20.000 50000 Step 1 250000 X 90 225000 the minimum amount of insurance to meet your Coinsurance requirements and to avoid the penalty shown below Step 2 180000 225000.80 Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 31 of 35 FM 10104 04 Page 31 of 35 | 2 |
Step 3 50000 X.80 40000 Step 4 40000 1000 39000. We will pay no more than 39000. The remaining 11000 is not covered. 2. Mortgage Holders a. b. FM 101 04 04 The term mortgage holder includes trus tee. We will pay for covered loss to buildings or structures to each mortgage holder shown in the Declarations in their order of precedence as interests may appear. The mortgage holder has the right to re ceive loss payment even if the mortgage holder has started foreclosure or similar ac tion on the building or structure. If we deny your claim because of your acts or because you have failed to comply with the terms of this Coverage Part the mort gage holder will still have the right to re ceive loss payment if the mortgage holder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so 2 Submits a signed sworn statement of loss within 60 days after receiving no tice from us of your failure to do so and 3 Has notified us of any change in own ership occupancy or substantial change in risk known to the mortgage holder. All of the terms of this Coverage Part will then apply directly to the mortgage holder. If we pay the mortgage holder for any loss and deny payment to you because of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgage holder s rights under the mortgage will be transferred to us to the extent of the amount we pay and 2 The mortgage holder s right to recover the full amount of the mortgage holder s claim will not be impaired. At our option we may pay to the mortgage holder the whole principal on the mortgage plus any accrued interest. In this event your mortgage and note will be transferred to us and you will pay your remaining mort gage debt to us. If we cancel this policy we will give written notice to the mortgage holder at least 1 10 days before the effective date of cancellation if we cancel for your non payment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the mortgage holder at least ten days before the expiration date of this policy. SECTION F. OPTIONAL COVERAGES If shown as applicable in the Declarations the fol lowing Optional Coverages apply separately to each item. 1. Agreed Value a. The Additional Condition Coinsurance does not apply to Covered Property to which this Optional Coverage applies. We will pay no more for loss to that property than the proportion that the Limit of Insur ance under this Coverage Part for the property bears to the Agreed Value shown for it in the Declarations. If the Agreed Value Optional Coverage is deleted from the policy the Additional Con dition Coinsurance is reinstated and this Optional Coverage does not apply. The terms of this Optional Coverage apply only to loss that occurs 1 On or after the effective date of this Optional Coverage and 2 Before the policy expiration date. This Agreed Value Optional Coverage does not apply to SECTION A. COVERAGE 5. Coverage Extensions b. Business In come and Extra Expense. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will auto matically increase by the annual percent age shown in the Declarations. The amount of increase will be 1 The Limit of Insurance that applied on the most recent of the Coverage Part inception date the Coverage Part an niversary date or any other Coverage Part change amending the Limit of In surance multiplied by 2 The percentage of annual increase shown in the Declarations expressed Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services Inc. Page 32 of 35 FM 101 04 04 Page 32 of 35 | 2 |
as a decimal example multiplied by 8 is.08 8 The number of days since the begin ning of the current coverage term or the effective date of the most recent policy change amending the Limit of Insurance divided by 365. Example If The applicable Limit of Insurance is 100000 The Annual percentage increase is 8 The number of days since the be ginning of the policy year or last policy change is 146 The amount of increase is 100000 X.08 X 146 365 3200 3. Replacement Cost basis instead of on a replacement cost ba sis. In the event you elect to have loss settled on an Actual Cash Value basis you may still make a claim for the additional coverage this Optional Coverage provides if you notify us of your intent to do so within 180 days after the loss. We will not pay on a replacement cost basis for any loss 1 Until the lost or damaged property is actually repaired or replaced with other property of generally the same con struction and used for the same pur pose as the lost or damaged property and 2 Unless the repairs or replacement have been completed or at least underway within 2 years following the date of loss. We will not pay more for loss on a re placement cost basis than the least of 1 The Limit of Insurance applicable to the lost or damaged property 2 The cost to replace on the same premises the lost or damaged prop erty with other property a Of comparable material and qual ity and b Used for the same purpose or 3 The amount you actually spend that is necessary to repair or replace the lost or damaged property. The cost of repair or replacement does not include the increased cost attributable to enforcement of any ordinance or law regu lating the construction use or repair of any building or structure except as provided in SECTION A. COVERAGE 4. Additional Coverages g. Ordinance or Law. SECTION G. DEFINITIONS 1. Actual Cash Value means replacement cost less a deduction that reflects depreciation age condition and obsolescence. Business Income means the a. b. Net Income net profit or loss before income taxes that would have been earned or in curred and Continuing normal operating expenses in curred including payroll. Computer programs means a set of related electronic instructions which direct the opera tions and functions of a computer or device Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with a. Replacement Cost without deduction for depreciation replaces Actual Cash Value in SECTION D. LOSS CONDITIONS 7. Valuation of this BUILDING AND PER SONAL PROPERTY COVERAGE FORM. b. This Optional Coverage does not apply to 1 Personal Property of others except leased personal property as described in SECTION A. COVERAGE 1. Cov ered Property d.7. The valuation of such leased personal property will be based on the amount for which you are liable under the lease but not to ex ceed the replacement cost of the leased item. 2 Personal effects 3 Contents of a residence 4 Manuscripts 5 Works of art antiques or rare articles including etchings pictures statuary marbles bronzes porcelains and bric a brac 6 Stock unless the Replacement Cost including Stock option is shown in the Declarations or 7 Property that at the time of loss a Is outdated or obsolete and is stored or not being used or b Has no practical value to you. c. You may make a claim for loss covered by this insurance on an Actual Cash Value FM 101 04 04 permission of American Association of Insurance Services Inc. Page 33 of 35 FM 10104 04 Page 33 of 35 | 2 |
1. 12. 13. a. Currency coins and bank notes whether or not in current use and b. Travelers checks registered checks and money orders held for sale to the public. Operations means a. Your business activities occurring at the premises and b. The tenantability of the premises if cover age for Business Income including Rental Value or Rental Value applies. Period of Restoration means the period of time that a. Begins at the time of direct physical loss. b. Ends on the earlier of 1 The date when the property at the premises should be repaired rebuilt or replaced with reasonable speed and similar quality or 2 The date when business is resumed at a new permanent location. c. Period of restoration does not include any increased period required due to the en forcement of any ordinance or law that 1 Regulates the construction use or re pair or requires the tearing down of any property or 2 Requires any insured or others to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. d. The expiration date of the policy will not cut short the period of restoration. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petroleum and petroleum by products and waste. Waste includes materials to be recycled reconditioned or reclaimed. Pollutants include but are not limited to sub stances which are generally recognized in in dustry or government to be harmful or toxic to persons property or the environment regard less of whether injury or damage is caused di rectly or indirectly by the pollutants and whether a. You are regularly or otherwise engaged in activities which taint or degrade the envi ronment or b. You use generate or produce the pollut ant. connected to it which enable the computer or device to receive process store retrieve or send data. Coverage term means the following individual increment or if a multi year policy period incre ments of time which comprise the policy period of this Coverage Part a. The year commencing on the Effective Date of this Coverage Part at 1201 A.M. stan dard time at your mailing address shown in the Declarations and if a multi year policy period each consecutive annual period thereafter or portion thereof if any period is for a period of less than 12 months consti tute individual coverage terms. The last coverage term ends at 1200 A.M. stan dard time at your mailing address shown in the Declarations on the earlier of 1 The day the policy period shown in the Declarations ends or 2 The day the policy to which this Cover age Part is attached is terminated or cancelled. b. However if after the issuance of this Cover age Part any coverage term is extended for an additional period of less than 12 months that additional period of time will be deemed to be part of the last preceding coverage term. Electronic data means information facts or computer programs stored as or on created or used on or transmitted to or from computer software including systems and applications software on hard or floppy disks CD ROMs tapes drives cells data processing devices or any other repositories of computer software which are used with electronically controlled equipment. Extra Expense means necessary expenses you incur during the period of restoration that you would not have incurred if there had been no direct physical loss to property caused by or resulting from a Covered Cause of Loss. Finished Stock means stock you have manufactured except stock you have manu factured that is held for sale on the premises of any retail outlet insured under this Coverage Part. Fungi means any type or form of fungus and includes but is not limited to any form or type of mold mushroom or mildew and any mycotoxins spores scents or byproducts produced or re leased by fungi. Loss means accidental loss or damage. 10. Money means 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 34 of 35 | 2 |
14. 15. 16. 17. Premises means the Location of Premises described in the Declarations. Rental Value means Business Income that consists of a. Net Income Net Profit or Loss before in come taxes that would have been earned or incurred as rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you including fair rental value of any portion of the premises which is occupied by you and b. Continuing normal operating expenses in curred in connection with that premises including 1 Payroll and 2 The amount of charges which are the legal obligation of the tenants but would otherwise be your obligations. Securities means negotiable and non negotiable instruments or contracts represent ing either money or other property and in cludes a. Tokens tickets revenue and other stamps whether or not in current use and b. Evidences of debt issued in connection with credit or charge cards which are not of your own issue but does not include money. Lottery tickets held for sale are not securities or evidences of debt. Sinkhole collapse means the sudden settle ment or collapse of earth supporting the Cov ered Property into subterranean voids created by the action of water on a limestone or similar rock formation. This does not include a. The cost of filling sinkholes b. Sinking or collapse of land into man made subterranean cavities or 18. 19. 20. 21. c. The value of the land. Specified Causes of Loss means fire light ning explosion windstorm or hail smoke air craft or vehicles riot or civil commotion vandal ism leakage from fire extinguishing equipment sinkhole collapse volcanic action falling ob jects weight of snow ice or sleet water dam age. a. Falling objects does not include loss to 1 Personal property in the open or 2 The interior of a building or structure or property inside a building or structure unless the roof or an outside wall of the building or structure is first damaged by a falling object. b. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking apart or cracking of any part of a system or appliance other than a sump system including its related equipment and parts containing water or steam. Stock means merchandise held in storage or for sale raw materials and in process or finished goods including supplies used in their packing or shipping. Suspension means a. The slowdown or cessation of your busi ness activities and b. That a part or all of the premises is ren dered untenantable. Valuable Papers and Records means in scribed printed or written documents manu scripts or records including abstracts books card index systems deeds drawings films maps mortgages or proprietary information. But valuable papers and records does not mean money or securities or electronic data including the materials on which the electronic data is recorded. 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 35 of 35 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACTUAL LOSS SUSTAINED BUSINESS INCOME ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Enter number of months to activate coverage REFER TO FM502 consecutive months A This endorsement applies to the following D. For the purposes of this endorsement only Coverage Forms BUSINESS INCOME AND EXTRA EX PENSE COVERAGE FORM BUSINESS INCOME WITHOUT EXTRA EX PENSE COVERAGE FORM For the purposes of this endorsement only SECTION A. COVERAGE Additional Cov erages Extended Business Income 1 b ii is deleted in its entirety and replaced by the following and iii is added ii 60 consecutive days after the date deter mined in 1a above or iii The number of consecutive months after the date of direct physical loss indicated in the Schedule of this endorsement. For the purposes of this endorsement only SECTION A. COVERAGE Additional Cov erages Extended Business Income 2 b ii is deleted in its entirety and replaced by the following and iii is added ii 60 consecutive days after the date deter mined in 2a above or iii The number of consecutive months after the date of direct physical loss indicated in the Schedule of this endorsement. SECTION F. DEFINITIONS 7. Period of Restoration b. is deleted in its entirety and replaced by the following b. Ends on the earlier of 1 The date when the property at the premises should be repaired rebuilt or replaced with reasonable speed and similar quality 2 The date when business is resumed at a new permanent location or 3 The number of consecutive months after the date of direct physical loss indicated in the Schedule of this en dorsement. When 12 or 18 months ALS an acronym of Actual Loss Sustained is shown in the Decla rations as the Limit of Insurance for Business Income for a specific item SECTION B. LIM ITS OF INSURANCE is deleted in its entirety for that item. If the policy to which this endorsement is at tached has been issued for a period of more than one year then this business income cov erage is subject to annual rerating. FA 24210 12 | 2 |
DATA COMPROMISE AND IDENTITY RECOVERY EXPENSE COVERAGE TABLE OF CONTENTS SCHEDULE... A. DATA COMPROMISE COVERAGE WITH LEGAL AND FORENSIC INFORMATION TECHNOLOGY REVIEW.... 1. Data Compromise Covered Cause Of Loss.......... 2. Data Compromise Coverages Provided................ a. Legal and Forensic Information Technology Review b. Notification to Affected Individuals.......... c. Services to Affected Individuals Limits of Insurance Deductible Exclusions... Additional Conditions........ c.. ca........ oo rw Due Diligence Legal Advice.. Pre Notification Consultation Service Providers.......... P oo pFep Services... 7. Additional Definitions.. Account Takeove Affected Individu Coverage Territory Identity Theft.......... Personal Data Compromise.. 0 a0 g p Personally Identifying Information g. Proactive Inquiry............ u.... B. IDENTITY RECOVERY COVERAGE FOR BUSINESS OWNERS WITH CASE MANAGEMENT SERVICES AND EXPENSE REIMBURSEMENT...... 1. Identity Recovery Coverage For Business Owners With Case Management Services And Expense Reimbursement Exclusions... Limits of Insurance.. Deductible... Additional Conditions. a. Identity Theft by Relative. b. Information Submitted to Us.. o PN c. Computer Security....... FA 284 07 12 Page 1 of 12 | 2 |
d. 6. Additional Definitions. m0 oy Services... Account Takeover. Coverage Territory Identity Recovery Expenses Identity Recovery Insured Identity Theft Case Manager Identity Theft... Proactive Inquiry... FA 284 07 12 Page 2 of 12 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DATA COMPROMISE AND IDENTITY RECOVERY EXPENSE COVERAGE This endorsement modifies the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM The provisions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM apply except as otherwise provided in this endorsement. All numbers and letters used to designate paragraphs in this endorsement are spe cific to this endorsement only. SCHEDULE Coverage Limits of Insurance Deductible Data Compromise A. Data Compromise Coverage 50000 annual aggregate with Legal and Forensic. Information Technology Legal and Forensic Information Tech L oot d Deducible per Review nology Review Sublimit person cata compromise 5000 annual aggregate Expense Reimbursement 25000 Annual Aggregate Each Identity Recovery Insured 250 Deductible per identity recovery insured which applies to y Lost Wages and Child Elder Care. Expense Reimbursement B. Identity Recovery Coverage Expenses Sublimit Lost Wages and Child for Business Owners with 5000 Each Identity Recovery Insured Elder Care Expenses Case Management Services 250 Maximum Per Day Sublimit and and Expense Reimburse Mental Health Counseling ment Mental Health Counseling Sublimit Sublimit. 1000 Each Identity Recovery Insured No deductible applies to Case Case Management Services Management Services. Actual Loss Sustained up to 12 consecutive months Each Identity Recovery Insured n Technology Ider Care sery Insured Sublimit ery Insured Case Management Service and Expense Reimburse ment o deductible applies to Case lanagement Services. A. DATA COMPROMISE COVERAGE WITH LEGAL AND FORENSIC INFORMATION TECHNOLOGY REVIEW The following is added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION A. COVERAGE Paragraph 4. Additional Coverages 1. Data Compromise Covered Cause Of Loss Coverage under this Data Compromise Additional Coverage applies only if all of the following conditions are met a. There has been a personal data compromise and b. Such personal data compromise is first discovered by you during the coverage term for which this Data Compromise Additional Coverage is applicable and FA 284 07 12. Such personal data compromise is reported to us within 30 days of the date it is first discovered by you. Data Compromise Coverages Pro vided If all three of the conditions listed above in Data Compromise Covered Cause Of Loss have been met then we will provide you the following coverages. Please note that service providers must be approved by us as described in Paragraph 6. Addi tional Conditions d. Service Providers. a. Legal and Forensic Information Technology Review We will pay your necessary and rea sonable costs for the following out side professional services Page 3 of 12 | 2 |
FA 284 07 12 1 Legal Services consisting of pro fessional legal counsel review of the personal data compromise. 2 Forensic Information Technology Review Services consisting of professional information tech nologies review if needed to de termine the nature and extent of the personal data compromise and the number and identities of the affected individuals. Notification to Affected Individuals We will pay your necessary and rea sonable costs to provide notification of the personal data compromise to affected individuals. Services to Affected Individuals We will pay your necessary and rea sonable costs to provide the following services to affected individuals. 1 Informational Materials consist ing of a packet of loss prevention and customer support informa tion 2 Help Line consisting of a toll free telephone line for affected indi viduals with questions about the personal data compromise or wanting to request additional services as listed in 3 and 4 below 3 If warranted Monitoring Services including but not limited to a credit report and an electronic service automatically monitoring for activities affecting an individ ual s credit or public records. This service is subject to the af fected individual enrolling for the service with the designated ser vice provider and available in situations where affected indi viduals have had a social secu rity number or driver s license number exposed in a personal data compromise 4 Identity Restoration Case Man agement consisting of the ser vices of an identity restoration professional who will assist an affected individual who is or appears to be a victim of identity theft account takeover or to answer questions in a proactive inquiry. Identity Restoration Case Management assists with the process of correcting credit and other records and within the constraints of what is possible and reasonable restoring control over his or her personal identity. Limits of Insurance a. The most we will pay excess of the deductible stated in the Schedule of this endorsement under this Data Compromise Coverage is the Data Compromise Limit of Insurance stated in the Schedule of this en dorsement. Subject to a. above the most we will pay under Legal and Forensic Infor mation Technology Review coverage is the Legal and Forensic Information Technology Review Sublimit stated in the Schedule of this endorsement. This sublimit is part of and not in ad dition to the Data Compromise Limit of Insurance. The Data Compromise Limit of Insur ance and Legal and Forensic Infor mation Technology Review Sublimit are annual aggregate limits. Those amounts are the most we will pay for the total of all covered costs arising out of all personal data compromise events which are first discovered by you during the coverage term. A personal data compromise may be first discovered by you in one coverage term but cause covered costs in one or more subsequent coverage terms. If so all covered costs arising from such personal data compromise will be subject to the Data Compromise Limit of Insur ance and Legal and Forensic Infor mation Technology Sublimit applica ble to the coverage term when the personal data compromise was first discovered by you. Coverage for Services to Affected In dividuals is limited to costs to provide such services for a period of up to one year from the date of the notifica tion to the affected individuals. Not withstanding the foregoing coverage for Identity Restoration Case Man agement services initiated within such one year period may continue for a period of up to one year from the date such Identity Restoration Case Management services are initi ated subject to d. above. All incidents of personal data com promise that are discovered at the same time or arise from the same cause will be considered one per sonal data compromise event. Page 4 of 12 | 2 |
Deductible All coverages provided under this Data Compromise Additional Coverage are subject to the deductible stated in the schedule of this endorsement for Data Compromise Coverage. You shall be responsible for such de ductible amount as respects each per sonal data compromise covered under this Additional Coverage. Exclusions The following exclusions apply in addition to those found in BUILDING AND PER SONAL PROPERTY COVERAGE FORM SECTION A. Paragraph 3. sub paragraph b. Exclusions with respect only to the insurance coverage afforded under this Additional Coverage We will not pay for costs arising from the following a. Your intentional or willful complicity in a personal data compromise. b. Any criminal fraudulent or dishonest act error or omission or any inten tional or knowing violation of the law by you. c. Any personal data compromise known by you or which should have reasonably been known by you to have occurred prior to the first incep tion of this Data Compromise Addi tional Coverage. d. Any liability including defense costs to a third party. e. Except as specifically provided under coverage A.2.a.2 Forensic Informa tion Technology Review Services costs to research any deficiency. This includes but is not limited to any de ficiency in your systems procedures or physical security that may have contributed to a personal data com promise. f. Costs to correct any deficiency. This includes but is not limited to any de ficiency in your systems procedures or physical security that may have contributed to a personal data com promise. d. Any fines or penalties. This includes but is not limited to fees or sur charges from affected financial insti tutions. h. Any criminal investigations or pro ceedings. i. Any threat extortion or blackmail. This includes but is not limited to ransom payments and private secu rity assistance. j. Any virus worm trojan bot or any malicious code software spyware or malware that is on the date the data breach occurred named and recog nized by the CERT Coordination Center or any industry acceptable third party antivirus antimalware or other solution that monitors malicious code activity. k. Your reckless disregard for the secu rity of personally identifying informa tion in your care custody or control. Additional Conditions Data Compromise Additional Coverage as provided under Section A. of this en dorsement is subject to the LOSS CON DITIONS and ADDITIONAL CONDI TIONS of the BUILDING AND PER SONAL PROPERTY COVERAGE FORM the COMMERCIAL PROPERTY CONDITIONS and the following Addi tional Conditions a. Due Diligence You agree to use due diligence to prevent and mitigate costs covered under this Additional Coverage. This includes but is not limited to comply ing with commercially reasonable and industry accepted protocols for 1 Providing and maintaining ap propriate physical security for your premises computer sys tems and hard copy files elec tronic media handheld devices and storage devices 2 Providing and maintaining ap propriate computer network and internet security 3 Maintaining and updating at ap propriate intervals backups of computer data 4 Protecting transactions such as processing credit card debit card and check payments 5 Appropriate disposal of files con taining personally identifying in formation including shredding hard copy files and destroying physical media used to store electronic data and 6 Providing appropriate security awareness training on your Page 5 of 12 FA 284 07 12 | 2 |
FA 284 07 12 physical electronic and proce dural security measures. Legal Advice We are not your legal advisor and do not provide legal counsel to you. of the services we provide un der this Additional Coverage consti tute legal advice to you. Our determi nation of what is or is not covered under this Data Compromise Addi tional Coverage endorsement does not represent advice or counsel from us about what you should or should not do. Pre Notification Consultation You agree to consult with us prior to the issuance of notification to af fected individuals. We assume no responsibility under this Data Com promise Additional Coverage for any services promised to affected indi viduals without our prior agreement. If possible this pre notification con sultation will also include the desig nated service providers as agreed to under Additional Condition d. Ser vice Providers. You must provide the following at our pre notification consultation with you 1 The number of affected indi viduals to be notified. 2 Information about the personal data compromise that may ap propriately be communicated with affected individuals. 3 The scope of services that you desire for the affected individu als. For example coverage may be structured to provide fewer services in order to make those services available to more af fected individuals without ex ceeding the available Data Com promise Limit. Service Providers 1 We will only pay under this Data Compromise Additional Cover age for services that are pro vided by service providers ap proved by us. You must obtain our prior approval for any service provider whose expenses you want covered under this Data Compromise Additional Cover age. We will not unreasonably withhold such approval. 2 Prior to the Pre Notification Con sultation described in Additional Condition. above we must agree on a service providers to be used for the A.2.b. Notifica tion to Affected Individuals and A.2.c. Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternative service pro vider our coverage is subject to the following limitations a Such alternate service pro vider must be approved by us and b Our payment for services provided by any alternative service provider will not ex ceed the amount that we would have paid using the service provider we had suggested. Services The following conditions apply as re spects any services provided to you or any affected individual by us our designees or any service firm paid for in whole or in part under this Data Compromise Additional Coverage 1 Our ability to provide helpful ser vices in the event of a personal data compromise depends on the cooperation and assistance of you and or any affected in dividual and 2 All services may not be available or applicable to all individuals. For example affected individu als who are minors or foreign nationals may not have credit re cords that can be provided or monitored. Also services may be different in Canada or another foreign country in accordance with local conditions than ser vices in the United States Puerto Rico and other territories of the United States and 3 We do not warrant or guarantee that the services will affect the outcome end or eliminate all problems associated with the covered events or prevent future personal data compromises and 4 You will have a direct relation ship with the professional service firms paid for in whole or in part under this coverage. Page 6 of 12 | 2 |
7. Addi itional Definitions With respect to Data Compromise Cov erage as provided under Section A. of this endorsement only the following defini tions are added to Section G. DEFINI TIONS a. Account Takeover means the use of another person s accounts by an unauthorized third party. Affected Individual means any person who is your current former or prospective customer client mem ber director or employee whose personally identifying information is lost stolen accidentally released or accidentally published by a personal data compromise covered under this Additional Coverage. This definition is subject to the following provisions 1 Affected individual does not in clude any business or organiza tion. Only an individual person may be an affected individual. 2 An affected individual must have a direct relationship with you as insured under this cover age part. The following are ex amples of individuals who would not meet this requirement a If you aggregate or sell in formation about individuals as part of your business the individuals about whom you keep such information do not qualify as affected indi viduals. However specific individuals may qualify as affected individuals for an other reason such as being an employee of yours. b If you store process trans mit or transport records for another entity the individu als whose personally identi fying information you are storing processing trans mitting or transporting for another entity do not qualify as affected individuals. However specific individu als may qualify as affected individuals for another rea son such as being an em ployee of yours. c You may have operations interests or properties that are not insured under this Coverage Part. Individuals who have a relationship with you through such other op erations interests or proper ties do not qualify as af fected individuals. How ever specific individuals may qualify as affected in dividuals for another rea son such as being an em ployee of the operation in sured under this policy. 3 An affected individual may re side anywhere in the world. However the coverage and ser vices provided under this en dorsement are only applicable and available within the cover age territory. Coverage Territory means 1 The United States of American including its territories and pos sessions 2 Puerto Rico and 3 Canada. Identity Theft means the act of knowingly transferring or using with out lawful authority a means of iden tification of an affected individual with the intent to commit or to aid or abet any unlawful activity that consti tutes a violation of federal law or a felony under any applicable state or local law. Identity theft does not include the fraudulent use of a business name d b a or any other method of identify ing a business activity. Personal Data Compromise means the loss theft accidental re lease or accidental publication of personally identifying information or circumstances objectively giving rise to a substantial risk that such loss theft release or publication has oc curred as respects one or more af fected individuals. This definition is subject to the following provisions 1 At the time of the loss theft ac cidental release or accidental publication the personally iden tifying information must be in your direct care custody or con trol. 2 Personal data compromise does not include the loss theft release or publication of informa tion that is in the care custody or control of a third party to whom you have directly or indirectly turned over such information for Page 7 of 12 FA 284 07 12 | 2 |
any reason. This includes but is not limited to storage process ing transmission or transporta tion of such information. 3 Personal data compromise in cludes disposal or abandonment of personally identifying infor mation without appropriate safe guards such as shredding or de struction subject to the following provisions a Your failure to use appropri ate safeguards must be ac cidental and not reckless or deliberate and b Such disposal or abandon ment must take place during the coverage term in which this Data Compromise Addi tional Coverage is effective. 4 Personal data compromise in cludes situations where there is a reasonable cause to suspect that such personally identifying information has been lost sto len accidentally released or ac cidentally published. Personally Identifying Informa tion means an individual s social security number bank account num ber credit or debit card transactions driver s license numbers medical di agnosis patient history and medica tions and any other applicable private information that may be defined by state or federal law. Proactive Inquiry means that the identity recovery insured experi ences an event which places him or her at greater risk of identity theft including but not limited to situations such as lost or stolen wallet lost or stolen financial records serving as a active duty military abroad death of a spouse. B. IDENTITY RECOVERY COVERAGE FOR BUSINESS OWNERS WITH CASE MAN AGEMENT SERVICES AND EXPENSE RE IMBURSI EMENT The following is added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION A. COVERAGE Paragraph 4. Additional Coverage 1. Identity Recovery Coverage For Busi ness Owners With Case Management Services And Expense Reimbursement a. FA 284 07 12 We will provide Case Management Service and Expense Reimburse ment Coverage indicated below if all the following requirements are met 1 There has been an identity theft account takeover or a proactive inquiry of an identity recovery insured and 2 Such identity theft account takeover or proactive inquiry is first discovered by the identity recovery insured during the coverage term for which this Identity Recovery Coverage For Business Owners With Case Management Services And Ex pense Reimbursement is appli cable and 3 Such identity theft or account takeover is reported to us as soon as practicable but in no event later than 30 days after it is first discovered by the identity recovery insured. b. If all three of the requirements listed above have been met then we will provide the following to the identity recovery insured 1 Help Line Access to a toll free Identity Re covery Help Line for the identity recovery insured for questions and instructions regarding re sponding to an identity theft or account takeover and 2 Case Management Services Services of an identity recovery case manager as needed to re spond to the identity theft or account takeover and 3 Expense Reimbursement Reimbursement of reasonable and necessary identity recovery expenses as a direct result of the identity theft or account takeover. Exclusions The following exclusions apply in addition to those found in BUILDING AND PER SONAL PROPERTY COVERAGE FORM SECTION A. COVERAGE Para graph 3. sub paragraph b. Exclusions with respect only to the insurance cover age afforded under this endorsement We will not pay for costs arising from the following a. The theft or misappropriation of a professional or business identity. Page 8 of 12 | 2 |
b. Any fraudulent dishonest or criminal act by an identity recovery insured or any person aiding or abetting an identity recovery insured or by any authorized representative of an iden tity recovery insured whether acting alone or in collusion with others. This exclusion shall not apply to the interests of an identity recovery in sured who has no knowledge of or involvement in such fraudulent dis honest or criminal act. c. Loss other than identity recovery ex penses. d. An identity theft or account take over that is first discovered by the identity recovery insured prior to the inception date or after the expiration date of the policy period for which this coverage applies. This exclusion ap plies whether or not such identity theft or account takeover began or continued during the policy period. e. An identity theft or account take over that is not reported to us within 30 days after it is first discovered by the identity recovery insured. f. An identity theft or account take over that is not reported to the police or law enforcement. 3. Limits of Insurance a. Case Management Services are available as needed for any one identity theft or account takeover for up to 12 consecutive months from the inception of the services. Ex penses we incur to provide Case Management Services do not reduce the Limit of Insurance available for Expense Reimbursement. b. The most we will pay under Expense Reimbursement is the Expense Re imbursement limit stated in the Schedule of this endorsement. This limit is an annual aggregate per identity recovery insured. Regard less of the number of claims this limit is the most we will pay for the total of all loss or expense arising out of all identity thefts or account take overs to any one identity recovery insured which are first discovered by the identity recovery insured during the coverage term. If an identity theft or account takeover is first discovered in one coverage term and continues into other coverage terms all loss and expense arising from such identity theft or account takeover will be subject to the an FA 284 07 12 nual aggregate Limit of Insurance applicable to the coverage term when the identity theft or account takeover was first discovered. 1 Legal costs as provided under 6. Additional Definitions c. Identity Recovery Expenses Item 4 are part of and not in addition to the Expense Reim bursement coverage Limit of In surance. 2 Lost Wages and Child Elder Care Expenses as provided un der 6. Additional Definitions c. Identity Recovery Expenses Items 5 and 6 are subject to a maximum of 250 per day not to exceed 5000 for each identity recovery insured in any cover age term. This Lost Wages and Child Elder Care Expenses sublimit is part of and not in addition to the Expense Reimbursement limit stated in the Schedule. Cover age is limited to lost wages and child elder care expenses in curred within 12 months after the first discovery of the identity theft or account takeover by the identity recovery insured. 3 Mental Health Counseling as provided under 6. Additional Definitions c. ldentity Re covery Expenses ltem 7 is subject to a maximum of 1000 for each identity recovery in sured in any coverage term. This sublimit is part of and not in addition to the Expense Reim bursement Limit of Insurance as stated in the Schedule. Cover age for Mental Health Counsel ing is limited to counseling that takes place within 12 months af ter the first discovery of the identity theft by the identity re covery insured. c. These Limits of Insurance apply separately to each coverage term. Deductible Case Management Service is not subject to adeductible. Expense Reimbursement is subject to a deductible of 250 per identity recovery insured. Any one identity recovery in sured shall be responsible for only one deductible under this Identity Recovery Coverage during any one coverage term. Page 9 of 12 | 2 |
5. Additional Conditions Identity Recovery Additional Coverage as provided under Section B. of this en dorsement is subject to the LOSS CON DITIONS and ADDITIONAL CONDI TIONS of the BUILDING AND PER SONAL PROPERTY COVERAGE FORM COMMERCIAL PROPERTY CONDITIONS and the following Addi tional Conditions a. Identity Theft by Relative As respects Identity Recovery Cover age for Business Owners with Case Management Services and Expense Reimbursement Coverage the iden tity recovery insured must be willing to file a police report press charges and testify against any relative or former relative of the identity recov ery insured who commits or has knowledge of an identity theft or account takeover. b. Information Submitted to Us As respects Identity Recovery Cover age for Business Owners with Case Management Services and Expense Reimbursement Coverage the iden tity recovery insured must send to us within 60 days after our request receipts bills or other records that support the identity recovery in sured s claim for identity recovery expenses. c. Computer Security It is the responsibility of each identity recovery insured to use and main tain his or her computer system secu rity including personal firewalls anti virus software and proper disposal of used hard drives. d. Services The following conditions apply as re spects to any services provided by us or our designees to any identity re covery insured under this Additional Coverage. 1 Our ability to provide helpful ser vices in the event of an identity theft or account takeover de pends on the cooperation per mission and assistance of the identity recovery insured and 2 We do not warrant or guarantee that our services or the services of an identity recovery case manager will affect the out come and or eliminate all prob lems associated with an identity FA 284 07 12 theft or account takeover or prevent future identity thefts or account takeovers and 3 Al services may not be available or applicable to all individuals. For example identity recovery insureds who are minors or for eign nationals may not have credit records that can be pro vided or monitored. Also service in Canada may be different from service in the United States in cluding its territories and pos sessions and Puerto Rico in ac cordance with local customs. Additional Definitions With respect to Identity Recovery Addi tional Coverage as provided under Sec tion B. of this endorsement only the fol lowing definitions are added to SECTION G. DEFINITIONS a. Account Takeover means the use of another person s accounts by an unauthorized third party. b. Coverage Territory means 1 The United States of American including its territories and pos sessions 2 Puerto Rico and 3 Canada. c. Identity Recovery Expenses means the following when they are reasonable and necessary expenses that are incurred in the coverage ter ritory as a direct result of an identity theft or account takeover 1 Costs for re filing applications for loans grants or other credit in struments that are rejected solely because the lender re ceived incorrect credit informa tion as a result of an identity theft or account takeover. 2 Costs for notarizing affidavits or other similar documents long distance telephone calls and postage solely as a result of the efforts of an identity recovery insured to report an identity theft or account takeover or amend or rectify records as to the true name or identity of the identity recovery insured as a result of an identity theft or ac count takeover. 3 Costs for up to twelve credit re ports from established credit bu Page 10 of 12 | 2 |
7 Actual costs for counseling from a licensed mental health profes sional as a result of a covered identity theft or account take over. Such care must be pro vided by a mental health profes sional who is not a relative of the identity recovery insured. 8 Fees and expenses incurred by an identity recovery insured with our written consent for any advertising and public relations expenses an identity recovery insured incurs to restore their reputation as a result of a cov ered identity theft or account takeover. Identity Recovery Insured means 1 When you are a sole proprietor ship the identity recovery in sured is the individual who is the sole proprietor of the insured entity or 2 When you are a partnership the identity recovery insureds in clude all the partners or 3 When you are a corporation LLC or Other Organization any individual having an ownership position of 20 or more of the insured entity is an identity re covery insured. However if and only if there is no one who has such an ownership position then the identity recovery insured shall be a The chief executive of the insured entity or b If the insured entity is a reli gious institution the senior ministerial employee. An identity recovery insured must always be an individual person. The entity insured under this form is not n identity recovery insured. Identity Theft Case Manager means one or more individuals as signed by us to assist an identity re covery insured with communications reasonably necessary for re establishing the integrity of the per sonal identity of the identity recovery insured. This includes with the per mission and cooperation of the iden tity recovery insured written and telephone communications with law enforcement authorities governmen tal agencies credit agencies and in dividual creditors and businesses. Page 11 of 12 4 5 6 reaus dated within twelve months after your knowledge or discovery of an identity theft or account takeover. Fees and expenses for an attor ney approved by us for a Defending any civil suit brought against an identity recovery insured by a credi tor or collection agency or entity acting on behalf of a creditor for non payment of goods or services or default on a loan as a result of an identity theft or account takeover and b Challenging any criminal or civil judgment wrongfully en tered against an identity re covery insured as a result of the identity theft or ac count takeover and c Challenging the accuracy or completeness of any infor mation in a consumer credit report about an identity re covery insured as a result of an identity theft or ac count takeover. Actual lost wages of the identity recovery insured for time rea sonably and necessarily taken away from work and away from the work premises to respond to a covered identity theft or ac count takeover. Time away from work includes partial or whole work days. Actual lost wages may include payment for vaca tion days discretionary days floating holidays and paid per sonal days. Actual lost wages does not include sick days or any loss arising from time taken away from self employment. Also necessary time off does not include time off to do tasks that could have reasonably been done during non working hours. Actual costs for supervision pro vided by someone other than a relative of the identity recovery insured of children or elderly or infirmed relatives or dependents of the identity recovery insured during time reasonably and nec essarily taken away from such care child care or elder care to respond to a covered identity theft or account takeover. FA 284 07 12 | 2 |
Identity Theft means the act of knowingly transferring or using with out lawful authority a means of iden tification of an ldentity Recovery In sured with the intent to commit or to aid or abet any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. Identity theft does not include the fraudulent use of a business name d b a or any other method of identify ing a business activity. Proactive Inquiry means that the identity recovery insured experi ences an event which places him or her at greater risk of identity theft including but not limited to situations such as lost or stolen wallet lost or stolen financial records serving as a active duty military abroad death of a spouse. FA 284 07 12 Page 12 of 12 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES ACTUAL CASH VALUE This endorsement modifies insurance provided under the following BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS 1. SECTION G. DEFINITIONS 1. Actual Cash Value is deleted in its entirety and replaced by the following 1. Actual Cash Value means 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 re gardless 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 replace ment cost. FA 4013 PA 1102 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA CHANGES This endorsement modifies insurance provided under the following A. COMMERCIAL PROPERTY COVERAGE PART Exclusion 1d Nuclear Hazard in SECTION A. COVERAGE 3. Covered Causes of Loss b. Exclu sions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following 1d Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. However if nuclear reac tion or radiation or radioactive contamination results in fire we will pay for the loss caused by that fire. Exclusion 2.d. Nuclear Hazard in SECTION E. EXCLUSIONS of the MORTGAGE INTEREST COVER AGE FORM is deleted in its entirety and replaced by the following 2.d. Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. However if nuclear reac tion or radiation or radioactive contamination results in fire we will pay for the loss caused by that fire. FA 4028 1A 04 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the following A. COMMERCIAL PROPERTY COVERAGE PART Exclusion 1d Nuclear Hazard in SECTION A. COVERAGE 3. Covered Causes of Loss b. Exclu sions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM is deleted in its entirety and replaced by the following 1d Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. However if nuclear reac tion or radiation or radioactive contamination results in fire we will pay for the loss caused by that fire. Exclusion 2.d. Nuclear Hazard in SECTION E. EXCLUSIONS of the MORTGAGE INTEREST COVER AGE FORM is deleted in its entirety and replaced by the following 2.d. Nuclear Hazard Nuclear reaction or radiation or radioactive contamination however caused. However if nuclear reac tion or radiation or radioactive contamination results in fire we will pay for the loss caused by that fire. FA 4028 PA 1105 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART MORTGAGE HOLDER S INSURANCE COVERAGE PART Gutters and Downspouts BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS SECTION A. COVERAGE 3. Covered Causes of Loss c. Limitations 1 Limitations Various Types of Property f Gutters and Downspouts is deleted in its entirety. Pollutant Definition BUILDING AND PERSONAL PROPERTY COVERAGE FORM INCLUDING SPECIAL CAUSES OF LOSS SECTION G. DEFINITIONS 13. Pollutants and MORTGAGE HOLDER S INSURANCE COVERAGE FORM SECTION V. DEFINITIONS 18. Pollutants are deleted in their entirety and replaced by the following definition Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petroleum petroleum products and petroleum by products and waste. Waste includes materials to be recycled reconditioned or reclaimed. Pollutants include but are not limited to substances which are generally recognized in industry or government to be harmful or toxic to persons property or the environment regardless of whether injury or damage is caused directly or indirectly by the pollutants and whether a. You are regularly or otherwise engaged in activities which taint or degrade the environment or b. You use generate or produce the pollutant. FA 4042 1107 | 2 |
COMMERCIAL PROPERTY CONDITIONS This Coverage Part is subject to the following conditions the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms. A. Concealment Misrepresentation or Fraud F. No Benefit to Bailee This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally con No person or organization other than you having custody of Covered Property will benefit from this insurance. ceal or misrepresent a material fact concern G. Other Insurance ing 1. You may have other insurance subject to 1. This Coverage Part the same plan terms conditions and provisions as the insurance under this 2. The Covered Property Coverage Part. If you do we will pay our.. share of the covered loss. Our share is 3. Your interest in the Covered Property or the proportion that the applicable Limit of 4. Aclaim under this Coverage Part. Insurance under this Coverage Part bears to the Limits of Insurance of all in Control of Property surance covering on the same basis. Any act or neglect of any person other than 2. If there is other insurance covering the you beyond your direction or control will not same loss other than that described in affect this insurance. 1. above we will pay only for the amount of covered loss in excess of the amount The breach of any condition of this Coverage due from that other insurance whether Part at any one or more locations will not af you can collect on it or not. Hovever we fect coverage at any location where at the will not reimburse any.deductibl or time qf loss the breach of condition does difference between Actual Cash Value not exist. and Replacement Cost valuations. We Insurance Under Two or More Coverages will not pay more than the applicable Limit of Insurance. If two or more of this policy s coverages apply N N N to the same loss we will not pay more than H. Policy Period Coverage Territory the actual amount of the loss. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless 1. There has been full compliance with all of the terms of this Coverage Part and 2. The action is brought within 2 years after the date on which the direct physical loss occurred. Liberalization If within 60 days prior to the beginning of this Coverage Part or during the policy period we make any changes to any forms or endorse ments of this Coverage Part for which there is currently no separate premium charge and that change provides more coverage than this Coverage Part the change will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the interim. Under this Coverage Part 1. We cover loss commencing a. During the policy period shown in the Declarations and b. Within the coverage territory. 2. The coverage territory a. The United States of America in cluding its territories and posses sions b. Puerto Rico and c. Canada. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to im Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 450 1104 Page 10of 2 | 2 |
J. 1 Owned or controlled by you or 2 That owns or controls you or c. Your tenant. This will not restrict your insurance. Definitions 1. Loss means accidental loss or damage. pair them. But you may waive your rights against another party in writing 1. Prior to a loss to your Covered Property or Covered Income. After a loss to your Covered Property or Covered Income only if at time of loss that party is one of the following a. Someone insured by this insurance b. Abusiness firm Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 450 1104 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS INCOME CHANGES WAITING PERIOD This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Period of Restoration Waiting Period x 24 hours 48 hours A. Applicable Coverage Forms This endorsement applies to the following Cov erage Forms 1. BUSINESS INCOME AND EXTRA EX PENSE COVERAGE FORM and 2. BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM B. SECTION F. DEFINITIONS 7. Period of Res toration is deleted in its entirety and replaced with the following 7. Period of Restoration means the period of time that a. Begins 1 After the number of hours selected and shown in the Schedule have passed from the time of direct physical loss for Business In come coverage or 2 Immediately after the time of direct physical loss for Extra Expense coverage 72 hours caused by or resulting from any Covered Cause of Loss at the premises and b. Ends on the earlier of 1 The date when the property at the premises should be repaired re built or replaced with reasonable speed and similar quality or 2 The date when business is re sumed at a new permanent loca tion. Period of restoration does not include any increased period required due to the enforcement of any ordinance or law that 1 Regulates the construction use or repair or requires the tearing down of any property or 2 Requires any insured or others to test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants. The expiration date of this policy will not cut short the period of restoration. Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 458 04 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale 1 1 BUILDING X Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BUILDING WELLS FARGO FINANCIAL LEASING LEASE INSURANCE DEPT 15325 SE 30TH PL BELLEVUE WA 98007 6550 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale 1 1 BUILDING X Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BUILDING TCF EQUIPMENT FINANCE INC. 11100 WAYZATA BLVD STE 801 MINNETONKA MN 55305 5503 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 1 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BLANKET BUSINESS PERSONAL PROPERTY COMMUNITY BANK 2210 QUARRY DR WEST LAWN PA 19609 1152 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale 1 1 BLANKET BUSINESS X PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BLANKET BUSINESS PERSONAL PROPERTY NATIONAL PENN BANK 1340 BROADCASTING RD SUITE 200 WYOMISSING PA 19610 5703 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 1 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BLANKET BUSINESS PERSONAL PROPERTY MARLIN BUSINESS BANK PO BOX 13604 PHILADELPHIA PA 19101 3604 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 1 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 1 1 BLANKET BUSINESS PERSONAL PROPERTY COMMONWEALTH KEYSTONE BUILDING 400 NORTH ST FOURTH FLOOR M EAST HARRISBURG PA 17120 0211 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 2 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 2 1 BLANKET BUSINESS PERSONAL PROPERTY NMHG FINANCIAL SERVICES ITSSUCCESSORS AND ASSIGNS 44 OLD RIDGEBURY RD DANBURY CT 06810 5107 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 3 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 3 1 BLANKET BUSINESS PERSONAL PROPERTY MERICLE DEVELOPMENT CO. 100 BALTIMORE DR EAST MOUNTAIN CORPORATE CIRCLE WILKES BARRE PA 18702 7955 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale X 4 1 BLANKET BUSINESS PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 4 1 BLANKET BUSINESS PERSONAL PROPERTY NATIONAL CITY COMMERCIAL CAPITAL 995 DALTON AVE CINCINNATI OH 45203 1101 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale 4 1 BLANKET BUSINESS X PERSONAL PROPERTY Location Bldg. Description of Loss Payee Number Number Property Name Address 4 1 BLANKET BUSINESS PERSONAL PROPERTY NATIONAL PENN BANK 1340 BROADCASTING RD SUITE 200 WYOMISSING PA 19610 5703 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE PART SCHEDULE Provisions Applicable Location Bldg. Description of Loss Payee Loss LendersLoss Contract Of Number Number Property Name Address Payable Payable Sale 5 1 BUILDING X Location Bldg. Description of Loss Payee Number Number Property Name Address 5 1 BUILDING TCF EQUIPMENT FINANCE INC. 11100 WAYZATA BLVD STE 801 MINNETONKA MN 55305 5503 The following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION D. LOSS CONDITIONS 4. Loss Pay ment as indicated in the Declarations or by an X in the Schedule j Loss Payable For Covered Property in which both you and a Loss Payee shown in the Schedule or in the Declarations have an insurable interest we will 1 Adijust losses with you and 2 Pay any claim for loss jointly to you and the Loss Payee as interests may appear. k. Lender s Loss Payable 1 The Loss Payee shown in the Schedule or in the Declarations is a creditor including a mortgageholder or trustee whose inter est in Covered Property is established by such written instruments as a Warehouse receipts b A contract for deed c Bills of lading d Financing statements or e Mortgages deeds of trust or security agreements. 2 For Covered Property in which both you and a Loss Payee have an insurable in terest a b c We will pay for covered loss to each Loss Payee in their order of prece dence as interests may appear. The Loss Payee has the right to re ceive loss payment even if the Loss Payee has started foreclosure or similar action on the Covered Prop erty. If we deny your claim because of your acts or because you have failed to comply with the terms of the Cov erage Part the Loss Payee will still have the right to receive loss pay ment if the Loss Payee 1 Pays any premium due under this Coverage Part at our re quest if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiv ing notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or sub stantial change in risk known to the Loss Payee Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 10of 2 | 2 |
a b 30 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the Loss Payee at least 10 days before the expiration date of this policy. Contract of Sale 1 2 3 The Loss Payee shown in the Schedule or in the Declarations is a person or organi zation you have entered a contract with for the sale of Covered Property. For Covered Property in which both you and the Loss Payee have an insurable in terest we will a Adijust losses with you and b Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. For Covered Property that is the subject of a contract of sale the word you in cludes the Loss Payee. All of the terms of this Coverage Part will then apply directly to the Loss Payee d If we pay the Loss Payee for any loss and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The Loss Payee s rights will be transferred to us to the extent of the amount we pay and 2 The Loss Payee s rights to re cover the full amount of the Loss Payee s claim will not be im paired. At our option we may pay to the Loss Payee the whole principal on the debt plus any accrued in terest. In this event you will pay your remaining debt to us. 3 If we cancel this policy we will give written notice to the Loss Payee at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or Includes copyrighted material of ISO Commercial Risk Services Inc. with its permission. FA 480 04 04 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN COVERAGE Excluding Production Machinery This endorsement modifies insurance provided under the following COMMERCIAL PROPERTY COVERAGE FORM A COVERAGE 1. BUILDING AND PERSONAL PROP ERTY COVERAGE FORM SECTION A. COVERAGE is amended by adding the following We will pay for direct damage to Covered Property caused by or resulting from an accident at the premises. BUILDING AND PERSONAL PROP ERTY COVERAGE FORM SECTION A. COVERAGE 3. Covered Causes of Loss b. Exclusions is amended by a. Adding the following to 1e Utili Services 1g Water 1 2a Electrical Current 2d Miscella neous Causes of Loss 2j Expo sure to Weather 3a Weather Conditions 3b Acts or Deci sions and 3c Defects Errors and Omissions However this exclusion does not ap ply if these causes of loss are caused by or result from an accident to Covered Property at the premises. b. Deleting in its entirety 2e Explo sion of Steam Apparatus. BUILDING AND PERSONAL PROP ERTY COVERAGE FORM SECTION A. COVERAGE 3. Covered Causes of Loss c. Limitations is amended a. Bydeleting in its entirety 1 1a Steam Apparatus and 2 1b Hot Water Boilers b. Andby adding the following The following limitations apply only to loss covered by this endorsement. The sublimits provided in Paragraphs 1 2 and 3 below are included within and are not in addition to the Limit of Insurance shown in the Dec larations as applicable to the Covered Property. These limits or the appli cable Limit of Insurance shown in the Declarations as applicable to the Covered Property whichever is less FA244 05 11 apply. These limits apply to dire damage only. 1 Ammonia Contamination Lin tation If Covered Property is contan nated by ammonia as a result an accident to Covered Prc erty at the premises the mc we will pay for this kind of dar age including salvage expens is 50000 per location. 2 Data Media and Software Re toration If electronic data is destroy or corrupted as a result of accident to covered equipme the most we will pay for the penses incurred by you for tl restoration of that electror data is 50000 for all loss st tained in the coverage tern regardless of the number of z cidents or the number of prer ises involved. 3 Hazardous Substance Lin tation The following applies despite tl operation of the Ordinance Law Exclusion. If Covered Property is damage contaminated or polluted by hazardous substance as a 1 sult of an accident to Cover Property at the premises tl most we will pay for any ad tional expenses incurred by yi for clean up repair replaceme or disposal of that property 50000. As used here ad tional expenses mean expens incurred beyond those for whi we would be liable if no hazar ous substance had been volved. B. Additional Coverages For the purposes of the coverages in this dorsement only BUILDING AND PERSON PROPERTY COVERAGE FORM SECTIC Page 1 of apply. These limits apply to direct damage only. 1 Ammonia Contamination Limi tation If Covered Property is contami nated by ammonia as a result of an accident to Covered Prop erty at the premises the most we will pay for this kind of dam age including salvage expense is 50000 per location. 2 Data Media and Software Res toration If electronic data is destroyed or corrupted as a result of an accident to covered equipment the most we will pay for the ex penses incurred by you for the restoration of that electronic data is 50000 for all loss sus tained in the coverage term regardless of the number of ac cidents or the number of prem ises involved. 3 Hazardous Substance Limi tation The following applies despite the operation of the Ordinance or Law Exclusion. If Covered Property is damaged contaminated or polluted by a hazardous substance as a re sult of an accident to Covered Property at the premises the most we will pay for any addi tional expenses incurred by you for clean up repair replacement or disposal of that property is 50000. As used here addi tional expenses mean expenses incurred beyond those for which we would be liable if no hazard ous substance had been in volved. B. Additional Coverages For the purposes of the coverages in this en dorsement only BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION Page 10f3 | 2 |
A. COVERAGE 4. Additional Coverages is amended as follows 1. The first paragraph is deleted in its en tirety and replaced with the following Al other terms and conditions of this Cov erage Part including Limits of Insurance and deductibles apply to these Additional Coverages. 2. The following is added a. Drying Out If electrical equipment included in Covered Property requires drying out as a result of a flood the rea sonable expense incurred for the drying out will be covered. This Ad ditional Coverage is included within the Limit of Insurance shown in the Declarations as applicable to the Covered Property. b. Expediting Expenses With respect to loss covered by this endorsement and with respect to your damaged Covered Property we will pay the reasonable extra cost to 1 Make temporary repairs 2 Expedite permanent repairs and 3 Expedite permanent replace ment. c. Non Owned Utility Service Equip ment We will pay for indirect loss resulting from an accident to non owned util ity equipment described in E. Defini tions 1.a.6 but we will not pay for any expense to repair or replace di rect damage to non owned utility equipment that 1 You do not own lease or rent or 2 That is not in your care custody and control. This Additional Coverage is included within the Limit of Insurance shown in the Declarations as applicable to the Covered Property. C. Deductible For the purposes of the coverages in this en dorsement only BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION C. DEDUCTIBLE is amended by adding the following The deductible applicable to loss covered by this endorsement is 500 or the deductible in dicated in the Declarations as being applicable FA244 05 11 E. to the lost or damaged Covered Property whichever is greater. Conditions For the purposes of the coverages in this en dorsement only BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION E. ADDITIONAL CONDITIONS is amended by adding the following 1. Suspension Whenever any covered equipment is found to be in or exposed to a danger ous condition any of our representatives may immediately suspend the insurance against loss from an accident to that covered equipment. This can be done by delivering or mailing a written notice of suspension to a. Your last known address or b. The address where the covered equipment is located. Once suspended in this way your insur ance can be reinstated only by written no tice from us. If we suspend your insurance you will get a pro rata refund of premium for that cov ered equipment. However the suspension will be effective even if we have not yet made or offered a refund. 2. Inspection If any Covered Property requires inspec tion to comply with state or municipal boiler and pressure vessel regulations we agree to perform such inspection on your behalf. Definitions For the purposes of the coverages in this en dorsement only BUILDING AND PERSONAL PROPERTY COVERAGE FORM SECTION G. DEFINITIONS is amended by adding the following 1. a. Accident means a sudden and acci dental breakdown of the following covered equipment 1 Any boiler 2 Any fired or unfired pressure vessel subject to vacuum or internal pres sure other than the static pressure of its contents 3 Any piping and its accessory equip ment 4 Any refrigeration or air conditioning system or Page 20f 3 | 2 |
5 Any mechanical or electrical machine or apparatus used for the generation transmission or utilization of me chanical or electrical power. 6 Equipment of a type described in definition a.1 through 5 above which you do not own lease or rent and is not in your care custody or control that is on or within one mile of a covered location and is supplying you with electricity gas water steam heat refrigeration air condi tioning or communication services. At the time the breakdown occurs it must become apparent by physical damage that requires repair or replacement of the covered equipment or part thereof. of the following is an accident 1 Depletion deterioration corrosion or erosion wear and tear 2 Leakage at any valve fitting shaft seal gland packing joint or connec tion 3 The functioning of any safety or pro tective device or 4 The breakdown of any structure or foundation. of the following are covered equip ment 1 Any sewer piping underground gas piping or piping forming a part of a sprinkler system 2 Water piping other than boiler feed water piping boiler condensate return piping or water piping forming a part of a refrigeration or air conditioning system 3 Insulating or refractory material 4 Vehicle elevator escalator con veyor hoist or crane 5 Felt wire screen die extrusion plate swing hammer grinding disc cutting blade non electrical cable chain belt rope clutch plate brake pad nonmetallic part or any part or tool subject to periodic replacement or 6 Production Machinery. If a strike riot civil commotion act of sabotage or vandalism results in an acci dent this insurance applies. However the War and Military Action Exclusion and the conditions of this Coverage Part still apply. Drying out means restoration of electrical equipment to service following a flood by re moval of excess moisture from that equipment including a. Application of heat or controlled electrical current circulation of air or use of dehu midification equipment after rinsing the electrical equipment with clean fresh wa ter if necessary to flush away flood de bris b. Drying out can be done in place or equipment can be disconnected and re moved to a repair facility for drying if nec essary. c. Drying out does not include or apply to 1 Replacement or repair of any electri cal equipment or parts thereof or 2 Any expense related to deconstruc tion demolition or reconstruction of any building component structure or part thereof to gain access to electri cal equipment. Flood means a general and temporary con dition of partial or complete inundation of nor mally dry land areas due to a. The overflow of inland or tidal waters b. The unusual or rapid accumulation or runoff of surface waters from any source or c. Mudslides or mudflows which are caused by flooding as defined above in Paragraph 3.b. For the purpose of this Covered Cause of Loss a mudslide or mudflow in volves a river of liquid and flowing mud on the surface of normally dry land areas as when earth is carried by a current of water and deposited along the path of the cur rent. All flooding in a continuous or protracted event will constitute a single flood. Hazardous Substance means a substance declared to be hazardous to health by a gov ernmental agency. Production Machinery means a. Production or process machine or appara tus that processes forms cuts shapes grinds or conveys raw material material in process or finished products and the computers and their peripherals that con trol or operate such a machine or appara tus. b. Machine or apparatus used for research medical diagnostic surgical dental or pathological purposes and computers and their peripherals that control or oper ate such a machine or apparatus. Page 30f3 FA244 05 11 | 2 |
BUSINESS INCOME AND EXTRA EXPENSE 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. The Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F. DEFI words we us and our refer to the Company providing this insurance. NITIONS. SECTION A. COVERAGE Coverage is provided as described and limited be low for one or more of the following options for which a Limit of Insurance is shown in the Declara tions a. Business Income including Rental Value. b. Business Income other than Rental Value. c. Rental Value. If option a. above is selected the term Business Income will include Rental Value. If option c. above is selected the term Business Income will mean Rental Value only. If Limits of Insurance are shown under more than one of the above options the provisions of this Coverage Part apply separately to each. 1. Business Income a. We will pay for the actual loss of Business Income you sustain due to the necessary suspension of your operations during the period of restoration. The suspen sion must be caused by direct physical loss to property at a premises which is described in the Declarations and for which a Business Income Limit of Insur ance is shown in the Declarations. The loss must be caused by or result from a Covered Cause of Loss. With respect to loss to personal property in the open or personal property in a vehicle the prem ises include the area within 1000 feet of the site at which the premises are lo cated. b. Business Income means the 1 Net Income Net Profit or Loss before income taxes that would have been earned or incurred and 2 Continuing normal operating ex penses incurred including payroll. c. Ifyouare atenant and occupy only part of the site at which the premises are lo cated for the purposes of this Coverage Part only your premises is the portion of the building which you rent lease or oc cupy including 1 Any area within the building or on the site at which the premises are lo cated if that area services or is used to gain access to the described premises. 2 Your personal property in the open or in a vehicle within 1000 feet. 2. Extra Expense We will pay the actual and necessary Ex tra Expense you incur due to direct physi cal loss to property at a premises which is described in the Declarations and for which an Extra Expense Limit of In surance is shown in the Declarations. The loss must be caused by or result from a Covered Cause of Loss. With re spect to loss to personal property in the open or personal property in a vehicle the premises include the area within 1000 feet of the site at which the premises are located. Extra Expense means necessary ex penses you incur during the period of restoration that you would not have in curred if there had been no direct physical loss to property caused by or resulting from a Covered Cause of Loss. Coverage pertains to expenses incurred other than the expense to repair or replace property to 1 Avoid or minimize the suspension of business and to continue opera tions a Atthe premises or b At replacement locations or at temporary locations including 1 Relocation expenses and 2 Costs to equip and operate the replacement or tempo rary locations. Includes copyrighted material of ISO FA 213 04 04 Properties Inc. with its permission. Page 10f9 the building which you rent lease or oc cupy including 1 Any area within the building or on the site at which the premises are lo cated if that area services or is used to gain access to the described premises. 2 Your personal property in the open or in a vehicle within 1000 feet. 2. Extra Expense We will pay the actual and necessary Ex tra Expense you incur due to direct physi cal loss to property at a premises which is described in the Declarations and for which an Extra Expense Limit of In surance is shown in the Declarations. The loss must be caused by or result from a Covered Cause of Loss. With re spect to loss to personal property in the open or personal property in a vehicle the premises include the area within 1000 feet of the site at which the premises are located. Extra Expense means necessary ex penses you incur during the period of restoration that you would not have in curred if there had been no direct physical loss to property caused by or resulting from a Covered Cause of Loss. Coverage pertains to expenses incurred other than the expense to repair or replace property to 1 Avoid or minimize the suspension of business and to continue opera tions a Atthe premises or b At replacement locations or at temporary locations including 1 Relocation expenses and 2 Costs to equip and operate the replacement or tempo rary locations. FA 213 04 04 Page 10f9 | 2 |
2 Minimize the suspension of busi ness if you can not continue opera tions. 3 To the extent it reduces the amount of loss that otherwise would have been payable under this Coverage Part we will pay any Extra Expense to a Repair or replace any property or b Research replace or restore the lost information on damaged valuable papers and records. However if any property obtained for temporary use during the period of resto ration remains after the resumption of normal operations the amount we will pay under this Coverage will be reduced by the salvage value of that property. If you are a tenant and occupy only part of the site at which the premises are lo cated for the purposes of this Coverage Part only your premises is the portion of the building which you rent lease or oc cupy including 1 Any area within the building or on the site at which the premises are lo cated if that area services or is used to gain access to the described premises. 2 Your personal property in the open or in a vehicle within 1000 feet. 3. Covered Causes of Loss See BUILDING AND PERSONAL PROP ERTY COVERAGE FORM SECTION A. COVERAGE 3. Covered Causes of Loss. 4. Limitation for Electronic Data a. Coverage for Business Income does not apply when a suspension of operations is caused by destruction or corruption of electronic data or any loss to elec tronic data except as provided under SECTION A. COVERAGE 5. Additional Coverages d. Interruption of Computer Operations. Coverage for Extra Expense does not ap ply when action is taken to avoid or mi mize a suspension of operations caused by destruction or corruption of electronic data or any loss to elec tronic data except as provided under SECTION A. COVERAGE 5. Additional Coverages d. Interruption of Computer Operations. Additional Coverages The Additional Coverages are not additional Limits of Insurance. b. Civil Authority We will pay for the actual loss of Business Income you sustain and necessary Extra Expense caused by action of civil author ity 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 for Business Income will begin immediately after the time of that action and will apply for a period of up to 30 days from the date of that action. This coverage for Extra Expense will be gin immediately after the time of that ac tion and will end 1 30 consecutive days after the time of that action or 2 When your Business Income cover age ends whichever is later. Alterations and New Buildings We will pay for the actual loss of Business Income you sustain and necessary Extra Expense you incur due to direct physical loss at the premises caused by or re sulting from any Covered Cause of Loss to 1 New buildings or structures whether complete or under construction 2 Alterations or additions to existing buildings or structures and 3 Machinery equipment supplies or building materials located on or within 1000 feet of the premises and a Used in the construction altera tions or additions or b Incidental to the occupancy of new buildings. If such direct physical loss delays the start of operations the period of resto ration for Business Income Coverage will begin on the date operations would have begun if the direct physical loss had not occurred. Extended Business Income 1 Business Income Other Than Rental Value Includes copyrighted material of ISO Properties Inc. with its permission. FA 213 04 04 Page 20f9 | 2 |
3 04 04 If the necessary suspension of your operations produces a Business In come loss payable under this Cover age Part we will pay for the actual loss of Business Income you incur during the period that a Begins on the date property ex cept finished stock is actually repaired rebuilt or replaced and operations are resumed and b Ends on the earlier of i The date you could restore your operations with rea sonable speed to the level which would generate the business income amount that would have existed if no direct physical loss had occurred or ii 60 consecutive days after the date determined in 1a above. However Extended Business Income does not apply to loss of Business In come incurred as a result of unfavor able business conditions caused by the impact of the Covered Cause of Loss in the area where the prem ises are located. Loss of Business Income must be caused by direct physical loss at the premises caused by or resulting from any Covered Cause of Loss. Rental Value If the necessary suspension of your operations produces a Rental Value loss payable under this Cov erage Part we will pay for the actual loss of Rental Value you incur dur ing the period that a Begins on the date property is actually repaired rebuilt or re placed and tenantability is re stored and b Ends on the earlier of i The date you could restore tenant occupancy with rea sonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss had oc curred or ii 60 consecutive days after the date determined in 2a above. However Extended Business Income does not apply to loss of Rental Value incurred as a result of unfa vorable business conditions caused by the impact of the Covered Cause of Loss in the area where the prem ises are located. Loss of Rental Value must be caused by direct physical loss at the described premises caused by or resulting from any Covered Cause of Loss. d. Interruption of Computer Operations 1 2 3 Subject to all provisions of this Addi tional Coverage you may extend the insurance that applies to Business Income and Extra Expense to apply to a suspension of operations caused by an interruption in computer operations due to destruction or cor ruption of electronic data due to a Covered Cause of Loss. The Covered Causes of Loss include a virus harmful code or similar in struction introduced into or enacted on a computer system including electronic data or a network to which it is connected designed to damage or destroy any part of the system or disrupt its normal opera tion. But there is no coverage for an interruption related to manipulation of a computer system including elec tronic data by any employee includ ing a temporary or leased employee or by an entity retained by you or for you to inspect design install main tain repair or replace that system. The most we will pay under this Addi tional Coverage Interruption of Computer Operations is 2500 for all loss sustained and expense in curred in any coverage term re gardless of the number of interrup tions or the number of premises lo cations or computer systems in volved. If loss payment relating to the first interruption does not exhaust this amount then the balance is available for loss or expense sus tained or incurred as a result of sub sequent interruptions in that cover age term. A balance remaining at the end of a coverage term does not increase the amount of insurance in the next coverage term. With re spect to any interruption which begins in one coverage term and continues or results in additional loss or ex pense in that subsequent coverage term all loss and expense is Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f9 FA 213 04 04 | 2 |
deemed to be sustained or incurred in the coverage term in which the interruption began. 4 This Additional Coverage Interrup tion in Computer Operations does not apply to loss sustained or ex pense incurred after the end of the period of restoration even if the amount of insurance stated in para graph 3 of this Additional Coverage has not been exhausted. 6. Coverage Extension The limit applicable to the Coverage Extension is in addition to the Limit of Insurance. SEC TION D. ADDITIONAL CONDITION 1. Coin surance does not apply to this Coverage Ex tension. Newly Acquired Locations a. You may extend your Business Income and Extra Expense Coverages to apply to property at any location you acquire other than property situated at fairs or exhibi tions. b. The most we will pay for loss under this Extension for the sum of Business In come loss and Extra Expense incurred is 100000 at each location. c. Insurance under this Extension for each newly acquired location will end when any of the following first occurs 1 This policy expires 2 90 days pass from the date you ac quire your new building or business personal property or begin construc tion on that part of the building that would qualify as Covered Property or 3 You report values to us. We will charge you additional premium for values reported from the date construc tion begins on that part of the building that would qualify as Covered Property or you acquire the new property. SECTION B. LIMITS OF INSURANCE The most we will pay for loss in any one occur rence is the applicable Limit of Insurance shown in the Dedlarations. SECTION C. LOSS CONDITIONS The following conditions apply in addition to the COMMON POLICY CONDITIONS and the COM MERCIAL PROPERTY CONDITIONS. 1. Appraisal If we and you disagree on the amount of Net Income and operating expense or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial ap praiser. The two appraisers will select an umpire. If they can not agree either may request that se lection be made by a judge of a court having jurisdiction. The appraisers will state sepa rately the amount of Net Income and operating expense or amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. Duties in the Event of Loss a. You must see that the following are done in the event of loss 1 Notify the police if a law may have been broken. 2 Give us prompt notice of the direct physical loss. Include a description of the property involved. 3 As soon as possible give us a de scription of how when and where the direct physical loss occurred. 4 Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase the Limit of Insur ance. However we will not pay for any subsequent loss resulting from a cause of loss that is not a Covered Cause of Loss. Also if feasible set the damaged property aside and in the best possible order for examina tion. 5 As often as may be reasonably re quired permit us to inspect the prop erty proving the loss and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. 6 Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do Includes copyrighted material of ISO FA 213 04 04 Properties Inc. with its permission. Page 4of 9 Page 4 of 9 | 2 |
er our request. 1 the necessary e investigation i m. ue your busi e all or part of juickly as pos ed under oath f any other in s may be rea y matter relat claim includ d records. In n an insured s Income loss 1 e business be cal loss oc of the business d occurred but t Income that n earned as a 1 the volume of rable business the impact of f Loss on cus inesses ses including cessary to re ith the same xisted just be loss and s of informa cords and ac es i other vouch ntracts. nse will be de ed the normal at would have rations during on if no direct urred. We will I of such ex 4. a The salvage value that remains of any property bought for tem porary use during the period of restoration once operations are resumed and b Any Extra Expense that is paid for by other insurance except for insurance that is written subject to the same plan terms condi tions and provisions as this in surance and 2 Necessary expenses that reduce the Business Income loss that other wise would have been incurred. c. Resumption of Operations We will reduce the amount of your 1 Business Income loss other than Extra Expense to the extent you can resume your operations in whole or in part by using damaged or undam aged property including merchandise or stock at the premises or else where. 2 Extra Expense loss to the extent you can return operations to normal and discontinue such Extra Expense. d. If you do not resume operations or do not resume operations as quickly as possible we will pay based on the length of time it would have taken to resume operations as quickly as possible. Loss Payment We will pay for insured loss within 30 days after we receive the sworn proof of loss if you have complied with all of the terms of this Coverage Part and a. We have reached agreement with you on the amount of loss or b. An appraisal award has been made. SECTION D. ADDITIONAL CONDITION 1. Coinsurance If a Coinsurance percentage is shown in the Declarations the following condition applies in addition to the COMMON POLICY CONDI TIONS and the COMMERCIAL PROPERTY CONDITIONS. We will not pay the full amount of any Busi ness Income loss if the Limit of Insurance for Business Income is less than a. The Coinsurance percentage shown for Business Income in the Declarations times b. The sum of Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 9 this within 60 days after our request. We will supply you with the necessary forms. 7 Cooperate with us in the investigation or settlement of the claim. 8 If you intend to continue your busi ness you must resume all or part of your operations as quickly as pos sible. b. We may examine any insured under oath while not in the presence of any other in sured and at such times as may be rea sonably required about any matter relat ing to this insurance or the claim includ ing an insured s books and records. In the event of an examination an insured s answers must be signed. 3. Loss Determination a. The amount of Business Income loss will be determined based on 1 The Net Income of the business be fore the direct physical loss oc curred 2 The likely Net Income of the business if no physical loss had occurred but not including any Net Income that would likely have been earned as a result of an increase in the volume of business due to favorable business conditions caused by the impact of the Covered Cause of Loss on cus tomers or on other businesses 3 The operating expenses including payroll expenses necessary to re sume operations with the same quality of service that existed just be fore the direct physical loss and 4 Other relevant sources of informa tion including a Your financial records and ac counting procedures b Bills invoices and other vouch ers and c Deeds liens or contracts. b. The amount of Extra Expense will be de termined based on 1 All expenses that exceed the normal operating expenses that would have been incurred by operations during the period of restoration if no direct physical loss had occurred. We will deduct from the total of such ex penses FA 213 04 04 Page 50f 9 | 2 |
1 The Net Income Net Profit or Loss before income taxes and 2 Operating expenses including payroll expenses that would have been earned or incurred had no loss occurred by your opera tions at the premises for the 12 months following the inception or last previous anniversary date of this Coverage Part whichever is later. Instead we will determine the most we will pay using the following steps 1. Multiply the Net Income and operating ex pense for the 12 months following the in ception or last previous anniversary date of this Coverage Part by the Coinsurance percentage 2. Divide the Limit of Insurance for the de scribed premises by the figure deter mined in Step 1. and 3. Multiply the total amount of loss by the figure determined in Step 2. We will pay the amount determined in Step 3. or the limit of insurance whichever is less. For the remainder you will either have to rely on other insurance or absorb the loss your self. In determining operating expenses for the pur pose of applying the Coinsurance condition the following expenses if applicable shall be deducted from the total of all operating ex penses Collection expenses 1. Prepaid freight outgoing 2. Returns and allowances 3. Discounts 4. Baddebts 5. 6. Cost of raw stock and factory supplies consumed including transportation charges 7. Cost of merchandise sold including transportation charges 8. Cost of other supplies consumed includ ing transportation charges 9. Cost of services purchased from outsid ers not employees to resell that do not continue under contract 10. Power heat and refrigeration expenses that do not continue under contract if form CP 15 11 is attached 11. All ordinary payroll expenses or the amount of payroll expense excluded if form FA 465 is attached and 12. Special deductions for mining properties royalties unless specifically included in coverage actual depleton commonly known as unit or cost depletion not per centage depletion welfare and retirement fund charges based on tonnage hired trucks. Example No. 1 Underinsurance When The Net Income and operating expenses for the 12 months following the inception or last previous anni versary date of this Coverage Part at the premises would have been 400000 The Coinsurance percentage is 50 The Limit of Insurance is 150000 The amount of loss is 80000 Step 1 400000 X 50 200000 the minimum amount of insurance to meet your Coinsurance requirements Step2 150000 200000.75 Step3 80000 X.75 60000 We will pay no more than 60000. The remaining 20000 is not covered. Example No. 2 Adequate Insurance When The Net Income and operating expenses for the 12 months following the inception or last previous anniversary date of this Coverage Part at the premises would have been 400000 The Coinsurance percentage is 50 The Limit of Insurance is 200000 The amount of loss is 80000 The minimum amount of insurance to meet your Coinsurance requirement is 200000 400000 x 50. Therefore the Limit of In surance in this Example is adequate and no penalty applies. We will pay no more than 80000 amount of loss. ce Includes copyrighted material of ISO Properties Inc. with its permission. FA 213 04 04 Page 6 of 9 | 2 |
This condition does not apply to Extra Ex pense. SECTION E. OPTIONAL COVERAGES If shown as applicable in the Declarations the fol lowing Optional Coverages apply separately to each item. 1. Maximum Period of Indemnity a. SECTION D. ADDITIONAL CONDI TIONS 1. Coinsurance does not apply to this Coverage Part at the premises to which this Optional Coverage applies. The most we will pay for the total of Busi ness Income loss and Extra Expense is the lesser of 1 The amount of Business income loss sustained and Extra Expense incurred during the 120 days imme diately following the beginning of the period of restoration or 2 The Limit of Insurance shown in the Declarations. 2. Monthly Limit of Indemnity a. SECTION D. ADDITIONAL CONDI TIONS 1. Coinsurance does not apply to this Coverage Part at the premises to which this Optional Coverage applies. The most we will pay for loss of Business Income in each period of 30 consecutive days after the beginning of the period of restoration is 1 The Limit of Insurance multiplied by 2 The fraction shown in the Declara tions for this Optional Coverage. Example When The Limit of Insurance is 120000 The fraction shown in the Declarations for this Optional Coverage is 14 The most we will pay for loss in each period of 30 consecutive days is 120000 X 14 30000 If in this example the actual amount of Days 1 30 40000 Days 31 60 20000 Days 61 90 30000 90000 We will pay Days 1 30 30000 Days 31 60 20000 Includes copyri FA 213 04 04 Properties Inc to Extra Ex Days 61 90 30000 ES The remaining 10000 is not covered. rations the fol separately to 3. Business Income Agreed Value a. To activate this Optional Coverage. i 1 A Business Income Report Work NAL CONDI Sheet must be made a part of this es not apply to Coverage Part and must show finan premises to cial data for your operations je applies. a During the 12 months prior to the e total of Busi date of the Work Sheet and tra E i ra Bxpense is b Estimated for the 12 months immediately following the incep iness income tion of this Optional Coverage. Extra E ngysnef 2 The Declarations must indicate that ginning of the the Business Income Agreed Value or Optional Coverage applies and an Agreed Value must be shown on the shown in the Declarations. The Agreed Value should be at least equal to a The Coinsurance percentage shown in the Declarations multi NAL CONDI plied by es not apply to premises to b The amount of Net Income and je applies. Operating Expenses for the fol lowing 12 months you report on ss of Business the Work Sheet. 30 consecutive f the period of b. Except as noted in. below the ADDI TIONAL CONDITION Coinsurance is suspended until the expiration date of this muttiplied by Coverage Part. 1 the Declara c. We will reinstate the ADDITIONAL CON overage. DITION Coinsurance automatically if you do not submit a new Work Sheet and Agreed Value 120000 1 When you request a change in your Business Income Limit of Insurance or 14 2 When you request the coinsurance percentage be changed on the Work Sheet. d. If the Business Income Limit of Insurance is less than the Agreed Value we will not pay more of any loss than the amount of tual amount of loss multiplied by 40000 1 The Business Income Limit of Insur 20000 ance divided by 30000 90000 2 The Agreed Value. Example 30000 When The Limit of Insurance 20000 is 100000 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 of 9 120000 14 100000 Page 7 of 9 | 2 |
200000 80000 The Agreed Value is 200000 The amount of loss is 80000 Step a 100000 200000.50 Step b.50 X 80000 40000 We will pay 40000. The remaining 40000 is not covered. 4. Extended Period of Indemnity In SECTION A. COVERAGE 5. Additional Coverages c. Extended Business Income the number 60 in Subparagraphs 1b and 2b is replaced by the number shown in the Declarations for this Optional Coverage. SECTION F. DEFINITIONS 1. FA 213 04 04 Computer programs means a set of re lated electronic instructions which direct the operations and functions of a computer or de vice connected to it which enable the com puter or device to receive process store re trieve or send data. Coverage term means the following individ ual increment or if a multi year policy period increments of time which comprise the policy period of this Coverage Part a. The year commencing on the Effective Date of this Coverage Part at 1201 A.M. standard time at your mailing address shown in the Declarations and if a multi year policy period each consecutive an nual period thereafter or portion thereof if any period is for a period of less than 12 months constitute individual coverage terms. The last coverage term ends at 1200 A.M. standard time at your mailing address shown in the Declarations on the earlier of 1 The day the policy period shown in the Declarations ends or 2 The day the policy to which this Cov erage Part is attached is terminated or cancelled. b. However if after the issuance of this Cov erage Part any coverage term is ex tended for an additional period of less than 12 months that additional period of time will be deemed to be part of the last preceding coverage term. Electronic data means information facts or computer programs stored as or on created or used on or transmitted to or from computer software including systems and applications software on hard or floppy disks CD ROMs tapes drives cells data processing devices or any other repositories of computer software which are used with electronically controlled equipment. Finished Stock means stock you have manufactured. Finished Stock also includes whiskey and al coholic products being aged unless there is a Coinsurance percentage shown for Business Income in the Declarations. Finished stock does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this Coverage Part. Loss means accidental loss or damage. Operations means a. Your business activities occurring at the premises and b. The tenantability of the premises if cov erage for Business Income including Rental Value or Rental Value applies. Period of Restoration means the period of time that a. Begins at the time of direct physical loss. b. Ends on the earlier of 1 The date when the property at the premises should be repaired rebuilt or replaced with reasonable speed and similar quality or 2 The date when business is resumed at a new permanent location. c. Period of restoration does not include any increased period required due to the enforcement of any ordinance or law that 1 Regulates the construction use or repair or requires the tearing down of any property or 2 Requires any insured or others to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants. d. The expiration date of the Coverage Part will not cut short the period of restora tion. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petroleum and petroleum by products and waste. Waste includes materi als to be recyded reconditioned or reclaimed. Pollutants include but are not limited to sub stances which are generally recognized in in dustry or government to be harmful or toxic to persons property or the environment regard less of whether injury or damage is caused di Includes copyrighted material of ISO Properties Inc. with its permission. Page 8 of 9 Page 8 of 9 | 2 |
11. 12. 1 Payroll and 2 The amount of charges which are the legal obligation of the tenants but would otherwise be your obliga tions. Suspension means a. The slowdown or cessation of your busi ness activities and b. That a part or all of the premises is ren dered untenantable if coverage for Busi ness Income including Rental Value or Rental Value applies. Valuable Papers and Records means in scribed printed or written documents manu scripts or records including abstracts books card index systems deeds drawings films maps mortgages or proprietary information. But valuable papers and records does not mean money or securities or electronic data including the materials on which the electronic data is recorded. 10 rectly or indirectly by the pollutants and whether a. b. You are regularly or otherwise engaged in activities which taint or degrade the envi ronment or You use generate or produce the pollut ant. Premises means the Location of Premises described in the Dedlarations. Rental Value means Business Income that consists of a. Net Income Net Profit or Loss before in come taxes that would have been earned or incurred as rental income from tenant occupancy of the premises described in the Declarations as furnished and equipped by you including fair rental value of any portion of the premises which is occupied by you and Continuing normal operating expenses in curred in connection with that premises including Includes copyrighted material of ISO Properties Inc. with its permission. FA 213 04 04 Page 9 of 9 | 2 |
THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Attached to and forming part of POLICY NUMBER EPP 014 93 81 Named Insured is the same as it appears in the Common Policy Dedarations LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 1000000 GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 PERSONAL ADVERTISING INJURY LIMIT 1000000 DAMAGE TO PREMISES RENTED TO YOU LIMIT 100000 limit unless otherwise indicated herein SEE GA210 MEDICAL EXPENSE LIMIT 5000 limit unless otherwise indicated herein SEE GA210 ANY ONE PERSON OR ORGANIZATION ANY ONE PREMISES ANY ONE PERSON ANY ONE PERSON OR ORGANIZATION ANY ONE PREMISES ANY ONE PERSON SEE GA210 SEE GA210 CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. BASE A Area Products All Other Products All Other B Payroll Completed Completed C Gross Sales Operations Operations D Units E Other APPLIANCES ACCESSORIES 51222C25000000 3.948.282 98700 7050 MFG. HOUSEHOLD GAS Pa LOC. 1 PA METAL GOODS MFG. 56912C1700000.224.157 381 267 STAMPING LOC. 3 PA BUILDINGS OR PREMISES 61226A1206 97.587 118 OFFICE OT NFP INCL PROD AND OR COMP OP WAREHOUSES OT NFP 68706A1809 24.122 44 INCL PROD AND OR COMP OP LOC. 4 CO APPLIANCES ACCESSORIES 51222 CIF ANY 2.481.305 STA STA MFG. HOUSEHOLD GAS APPLIANCES ACCESSORIES 51224C772270 1.450.321 1120 248 MFG. HOUSEHOLD METAL GOODS MFG. 56912 CIF ANY.096.168 STA STA STAMPING LOC. 8 PA WAREHOUSES OT NFP 68706A7800 14.500 113 GA 5320708 EPP 014 93 81 Page 1of 2 56912C1700000 nan nan nan nan 0.224 nan nan nan nan 0.157 nan nan nan nan 381.0 nan nan nan nan 267.0 nan nan nan nan 97.587 nan nan nan nan 118.0 nan nan nan nan 24.122 nan nan nan nan 44.0 nan nan nan nan 2.481 nan nan nan nan 0.305 STA STA nan nan nan nan 1.45 nan nan nan nan 0.321 1120 nan nan nan nan 248.0 56912 CIF ANY nan nan nan nan 0.096 nan nan nan nan 0.168 STA STA 68706A7800 EPP 014 93 81 nan nan nan nan 14.5 Page 1of 2 113 | 2 |
CLASSIFICATION CODE PREMIUM RATE ADVANCE PREMIUM NO. BASE A Area Products All Other Products All Other B Payroll Completed Completed C Gross Sales Operations Operations D Units E Other INCL PROD AND OR COMP OP BROADENED COVERAGE 20291 2.5 2701 BI EXCEPTIONS TO 20420 7 7563 POLLUTANT EXCLUSION INJURY OR DAMAGE TO OR 21586 50 RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT PRIMARY NONCONTRIBUTORY 29957 1 250 ADDITIONAL INSUREDS 29938 35 ADDITIONAL INSUREDS 29954 105 The General Liability Coverage Part is subject to an annual minimum premium. TOTAL ANNUAL PREMIUM 118745 FORMS AND OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART GAl01 GA210 GA3024 GA325PA GA346 GA382 GA4079 GA4084 GA4094 GA4315 GA478 1204 0207 0514 1095 1102 0302 1001 1001 1001 0312 1204 COMMERCIAL GENERAL LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION PENNSYLVANIA AMENDATORY ENDORSEMENT EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS FUNGI OR BACTERIA EXCLUSION ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARY NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION nan nan nan nan 50.0 1 EPP 014 93 81 GA 53207 08 Page 2of 2 | 2 |
COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict this insurance. Read the entire Coverage Part carefully to determine rights duties and what is and is not covered. Throughout this Coverage Part the words you and your refer to the Named Insured shown in the Declarations and any other person or organi zation qualifying as a Named Insured under this Coverage Part. The words we us and our refer to the Company providing this insurance. The word insured means any person or organi zation qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insur ance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the in sured against any suit seeking dam ages for bodily injury or property dam age to which this insurance does not apply. We may at our discretion investi gate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applica ble limit of insurance in the payment of judgments or settlements under SECTION COVERAGES COV ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES COV ERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY or medical expenses under SECTION COVERAGES COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS COV ERAGES A AND B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property dam age is caused by an occurrence that takes place in the coverage ter ritory 2 The bodily injury or property dam age occurs during the policy period and 8 Prior to the coverage term in which bodily injury or property damage occurs you did not know per Para graph 1.d. below that the bodily in jury or property damage had oc curred or had begun to occur in whole or in part. Bodily injury or property damage which 1 Occurs during the coverage term and 2 Was not prior to the coverage term known by you per Paragraph 1.d. below to have occurred includes any continuation change or re sumption of that bodily injury or prop erty damage after the end of the cover age term in which it first became known by you. You will be deemed to know that bodily injury or property damage has oc curred at the earliest time when any authorized representative 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes or reasonably should have first observed the bodily in jury or property damage 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that bodily injury or prop erty damage had occurred or had begun to occur or 5 Becomes aware or reasonably should have become aware of a Includes copyrighted material of Insurance GA 101 1204 Services Office Inc. with its permission. Page 10f 22 GA 101 1204 Page 10f 22 | 0 |
3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distribut ing selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured sus tained in the workplace 2 An employee of the insured arising out of the performance of duties re lated to the conduct of the insured s business or 8 The spouse child parent brother or sister of that employee as a conse quence of Paragraphs 1 or 2 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other ca pacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an in sured contract. Pollutant 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release escape or emission of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However Paragraph a does not apply to 1 Bodily injury to any person injured while on any prem ises site or location owned or occupied by or rented or loaned to you provided condition from which bodily injury or property damage is substantially certain to occur. Damages because of bodily injury in clude damages claimed by any person or organization for care loss of services or death resulting at any time from the bod ily injury. 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage which may reasonably be expected to re sult from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured even if the injury or damage is of a different degree or type than actually expected or intended. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agree ment or 2 Assumed in a contract or agreement that is an insured contract pro vided the bodily injury or property damage occurs subsequent to the execution of the contract or agree ment. When a claim for such bodily injury or property damage is made we will defend that claim pro vided the insured has assumed the obligation to defend such claim in the insured contract. Such defense payments will not reduce the limits of insurance. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxi cation of any person 2 The furnishing of alcoholic bever ages to a person under the legal drinking age or under the influence of alcohol or Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 2 of 22 | 1 |
a The injury is caused by the inadequate ventila tion of vapors b The person injured is first exposed to such vapors during the pol icy period and c Within 30 days of such first exposure the per son injured is clinically diagnosed or treated by a physician for the medical condition caused by the expo sure to such vapors. However Paragraph c does not apply if the bodily injury is caused by vapors produced by or originating from equipment that is used to heat cool or dehu midify the building or equipment that is used to heat water for per sonal use by the building s occupants or their guests. This exception 1 shall ap ply only to Named Insureds we shall have no duty to defend or pay damages for any person or organization that is not a Named In sured. However this para graph does not apply if the bodily injury is caused by vapors produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. For the purpose of the ex ception granted in Para graph 1 only vapors means any gaseous or air borne irritant or airborne contaminant including smoke fumes vapor or soot but excluding asbes tos which is discharged dispersed emitted re leased or escapes from materials machinery or equipment used in the service or maintenance of the premises. Vapors does not mean any gaseous or Includes copyrighted material of Insurance b c d Services Office Inc. with its permission. N 4o D 0O b c d rance sion. airborne irritants or con taminants used in a manu facturing process or which is the product or by product of any manufacturing proc ess 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to this Coverage Part as an additional insured with respect to your ongo ing operations or your work performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that ad ditional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling stor age disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or proc essed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be le gally responsible At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However Para graph d does not apply to 1 Bodily injury or property damage arising out of the discharge dispersal seep age migration release es Page 3 of 22 GA 101 1204 | 1 |
e GA 101 1204 cape or emission of fuels lubricants or other operating fluids or exhaust gases which are needed to per form or are the result of the normal electrical hy draulic or mechanical func tions necessary for the op eration of mobile equip ment or its parts if such fuels lubricants or other operating fluids or exhaust gases escape seep or mi grate or are discharged dispersed released or emitted from a vehicle part designed to hold store or receive them. This excep tion does not apply if the fu els lubricants or other op erating fluids or exhaust gases escape seep or mi grate or are discharged dispersed released or emitted with the intent to cause bodily injury or property damage or with the knowledge that bodily injury or property damage is substantially certain to occur or if such fuels lubri cants or other operating fluids or exhaust gases are brought on or to the premises site or location with such intent to escape seep or migrate or be dis charged dispersed re leased or emitted as part of the operations being per formed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a con tractor or subcontractor or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or At or from any premises site or location on which any insured or any contractors or subcontrac tors working directly or indirectly on any insured s behalf are performing operations if the op erations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory require ment that any insured or others test for monitor clean up re move contain treat detoxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for dam ages because of testing for monitoring cleaning up remov ing containing treating detoxi fying or neutralizing or in any way responding to or assessing the effects of pollutants. However Paragraphs 2a and b do not apply to liability for damages because of property damage that the insured would have in the ab sence of such request demand or der or statutory or regulatory re quirement or such claim or suit by or on behalf of a governmental authority. Aircraft Auto or Watercraft Bodily injury or property damage aris ing out of the ownership maintenance use or entrustment to others of any air craft auto or watercraft owned or oper ated by or rented or loaned to any in sured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hir ing employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or prop erty damage involved the ownership maintenance use or entrustment to oth ers of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on prem ises you own or rent 2 A watercraft you do not own that is a Less than 51 feetlong and Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 22 Page 4 of 22 | 1 |
A 101 1204 b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the in sured 4 Liability assumed under any insured contract for the ownership mainte nance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is on attached to or part of a land vehicle that would qualify under the defini tion of mobile equipment if it were not subject to a compul sory or financial responsibility law or other motor vehicle insur ance law in the state where it is licensed or principally garaged or b The operation of any of the ma chinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage aris ing out of 1 The transportation of mobile equip ment by an auto owned or oper ated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged rac ing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indi rectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or ex pected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses in curred by you or any other person organization or entity for repair re placement enhancement restora tion or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those prem ises 3 Property loaned to you 4 Personal property in the care cus tody or control of an insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are per forming operations if the property damage arises out of those opera tions or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclu sion do not apply to property damage other than damage by fire or explosion to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION il LIM ITS OF INSURANCE. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this ex clusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations haz ard. Damage to Your Product Property damage to your product arising out of it or any part of it. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 22 GA 101 1204 | 1 |
Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations haz ard. This exclusion does not apply if the dam aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Prop erty Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your prod uct or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Any liability or damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal re call inspection repair replacement ad justment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is with drawn or recalled from the market or from use by any person or organization be cause of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Asbestos Bodily injury or property damage aris ing out of attributable to or any way re lated to asbestos in any form or trans mitted in any manner. q. Employment Related Practices Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Other employment related prac tices policies acts or omissions including but not limited to coer cion criticism demotion evaluation failure to promote reassignment discipline defa mation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a conse quence of bodily injury to that per son at whom any of the employment related practices described in Para graphs a b or c above is di rected. This exclusion applies 1 Whether the insured may be liable as an employer or in any other ca pacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Additional Insured Prior Knowledge An additional insured added by attach ment of an endorsement to this Coverage Part that is seeking coverage for a claim or suit if that additional insured knew per the following paragraph that bodily injury or property damage had oc curred or had begun to occur in whole or in part prior to the coverage term in which such bodily injury or property damage occurs or begins to occur. An additional insured added by attach ment of an endorsement to this Coverage Part will be deemed to have known that bodily injury or property damage has occurred or has begun to occur at the earliest time when that additional insured or any one of its owners members part ners managers executive officers em ployees assigned to manage that addi tional insured s insurance program or employees assigned to give or receive notice of an occurrence personal and advertising injury offense claim or suit Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 6 of 22 | 1 |
1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage 3 First observes or reasonably should have first observed the bodily in jury or property damage 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that bodily injury or prop erty damage had occurred or had begun to occur or 5 Becomes aware or reasonably should have become aware of a condition from which bodily injury or property damage is substantially certain to occur. s. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of in ability to access or inability to manipulate electronic data. t. Distribution of Material in Violation of Statutes Bodily injury or property damage aris ing directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law or b. The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or informa tion. Exclusions c. through q. do not apply to property damage by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner for which the amount we will pay is limited to the Damage to Premises Rented To You Limit as described in SECTION Il LIMITS OF IN SURANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and ad vertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may re sult. But 1 The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2 Our right and duty to defend ends when we have used up the applica ble limit of insurance in the payment of judgments or settlements under SECTION COVERAGES COV ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES COV ERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY or medical expenses under SECTION COVERAGES COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS COV ERAGES A AND B. This insurance applies to personal and advertising injury only if 1 The personal and advertising injury is caused by an offense arising out of your business and 2 The personal and advertising injury offense was committed in the cov erage territory during the policy pe riod and 8 Prior to the coverage term in which the personal and advertising injury offense is committed you did not know per Paragraph 1.d. below that the offense had been committed or had begun to be committed in whole or in part. Personal and advertising injury caused by an offense which 1 Was committed during the coverage term and Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 7 of 22 | 1 |
2 Was not prior to the coverage term known by you per Paragraph 1.d. below to have been committed includes any continuation change or re sumption of that offense after the end of the coverage term in which it first be came known by you. You will be deemed to know that a per sonal and advertising injury offense has been committed at the earliest time when any authorized representative 1 Reports all or any part of the per sonal and advertising injury to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the personal and advertising injury 3 First observes or reasonably should have first observed the offense that caused the personal and advertis ing injury 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that the offense had been committed or had begun to be com mitted or 5 Becomes aware or reasonably should have become aware of a condition from which personal and advertising injury is substantially certain to occur. 2. Exclusions This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of mate rial if done by or at the direction of the in sured with knowledge of its falsity. Material Published Prior to Coverage Term Personal and advertising injury arising out of oral or written publication of mate rial whose first publication took place be fore the later of the following 1 The inception of this Coverage Part or 2 The coverage term in which insur ance coverage is sought. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agree ment or 2 Assumed in a contract or agreement that is an insured contract pro vided the personal and advertising injury is caused by or arises out of an offense committed subsequent to the execution of the contract or agreement. When a claim for such personal and advertising injury is made we will defend that claim pro vided the insured has assumed the obligation to defend such claim in the insured contract. Such defense payments will not reduce the limits of insurance. Breach of Contract Personal and advertising injury arising out of a breach of contract except an im plied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your ad vertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright pat Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 8 of 22 | 1 |
A 1011204 ent trademark trade secret or other in tellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury com mitted by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 17. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS. For the purposes of this exclusion the placing of frames borders or links or ad vertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board any insured hosts owns or over which any insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s poten tial customers. Employment Related Practices Personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Other employment related prac tices policies acts or omissions including but not limited to coer cion criticism demotion evaluation failure to promote reassignment discipline defa mation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a conse quence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other ca pacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollutant Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release escape or emission of pollut ants at any time. Pollutant Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or as sessing the effects of pollutants. Asbestos Personal and advertising injury arising out of attributable to or any way related to asbestos in any form or transmitted in any manner. Additional Insured Prior Knowledge An additional insured added by attach ment of an endorsement to this Coverage Part that is seeking coverage for a claim or suit if that additional insured knew per the following paragraph that a per sonal and advertising injury offense had been committed or had begun to be committed in whole or in part prior to the coverage term in which such offense Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 22 GA 101 1204 | 1 |
was committed or began to be commit ted. An additional insured added by attach ment of an endorsement to this Coverage Part will be deemed to have known that a personal and advertising injury offense has been committed or has begun to be committed at the earliest time when that additional insured or any one of its own ers members partners managers ex ecutive officers employees assigned to manage that additional insured s insur ance program or employees assigned to give or receive notice of an occur rence personal and advertising injury offense claim or suit 1 Reports all or any part of the per sonal and advertising injury to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the personal and advertising injury 3 First observes or reasonably should have first observed the offense that caused the personal and advertis ing injury 4 Becomes aware or reasonably should have become aware by any means other than as described in 3 above that the personal and adver tising injury offense had been com mitted or had begun to be commit ted or 5 Becomes aware or reasonably should have become aware of a condition from which personal and advertising injury is substantially certain to occur. War Personal and advertising injury how ever caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or ex pected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Distribution of Material in Violation of Statutes Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law or b. The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or informa tion. COVERAGE C. MEDICAL PAYMENTS 1. 2. Insuring Agreement a. We will pay medical expenses as de scribed below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and re ported to us within three years of the date of the accident and 8 The injured person submits to ex amination at our expense by physi cians of our choice as often as we reasonably require. b. We will make these payments regardiess of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including pros thetic devices and 8 Necessary ambulance hospital professional nursing and funeral services. Exclusions We will not pay expenses for bodily injury Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 10 of 22 | 1 |
pt volunteer work do work for or on or a tenant of any ccupied Premises n that part of prem that the person nor ation and Similar er or not an em d if benefits for the ayable or must be kers compensation w or a similar law. ed while officiating for instructing or hysical exercises or letic contests or ex or sports nature. Operations Haz products completed ns ERAGE A. BODILY ERTY DAMAGE LI TS COVERAGES ny claim we investi ainst an insured we bonds required be affic law violations ny vehicle to which Coverage applies. these bonds. se attachments but ithin the applicable not have to furnish incurred by the in st us in the inves claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we be come obligated to pay and which falls within the applicable limit of insurance. If we make an offer to pay the applicable limit of insur ance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance. SECTION Il WHO IS AN INSURED If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. Alimited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are in sureds but only with respect to their du ties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive offi cers and directors are insureds but only with respect to their duties as your offi cers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are aninsured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers only while per forming duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 22 a. Any Insured To any insured except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation and Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletic Activities To any person injured while officiating coaching practicing for instructing or participating in any physical exercises or games sports or athletic contests or ex hibitions of an athletic or sports nature. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI ABILITY. SUPPLEMENTARY PAYMENTS COVERAGES A AND B We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend 1. 2. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in GA 101 1204 | 1 |
you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and ad vertising injury a To you to your partners or members if you are a partner ship or joint venture to your members if you are a limited li ability company to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or d Arising out of his or her provid ing or failing to provide profes sional health care services. 2 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exer cised for any purpose by you any of your employees vol unteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Any person other than your employee or volunteer worker or any organiza tion while acting as your real estate man ager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that prop erty and 2 Until your legal representative has been appointed. ng duties related to d. Your legal representative if you die but usiness. However only with respect to duties as such. That yees or volunteer representative will have all your rights for and duties under this Coverage Part. personal and ad 3. Any organization you newly acquire or form other than a partnership joint venture or lim ited liability company and over which you your partners or maintain ownership or majority interest wil you are a partner qualify as a Named Insured if there is no other t venture to your similar insurance available to that organiza you are a limited li tion. However pany to a co while in the course a. Insurance under this provision is afforded er employment or only until the 90th day after you acquire uties related to the or form the organization or the end of the our business or to policy period whichever is earlier olunteer workers ning duties related b. COVERAGE A. BODILY INJURY AND ct of your business PROPERTY DAMAGE LIABILITY does not apply to bodily injury or property use child parent damage that occurred before you ac sister of that co quired or formed the organization and a chnseauenes of c. COVERAGE B. PERSONAL AND AD a above VERTISING INJURY LIABILITY does not apply to personal and advertising injury ere is any obligation arising out of an offense committed be nages with or repay fore you acquired or formed the organi se who must pay zation. cause of the injury e.. Paragraphs 1a No person or organization is an insured with re or spect to the conduct of any current or past part nership joint venture or limited liability company f his or her provid that is not shown as a Named Insured in the Dec to provide profes larations. care services. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara Ipied or used by or tions and the rules below fix the most we will pay regardless of the number of e to property N the care custody of or over which a. Insureds trol is being exer vpurplose blyg xer b. Claims made or suits brought or employees vol c. Persons ororgalpizaions making claims any partner or or bringing suits. re a partnership or 2. a. The General Aggregate Limit is the most any member if you we will pay for the sum of ity company. 1 Medical expenses under COVER an your employee AGE C. MEDICAL PAYMENTS or any organiza our real estate man 2 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ation having proper ages because of bodily injury or your property if you property damage included in the products completed operations ability arising out of hazard and or use of that prop 3 Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. representative has This General Aggregate Limit will not ap ply if either the Location General Aggre Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 22 GA 101 1204 Page 12 of 22 | 1 |
gate Limit of Insurance Paragraph 2.b. or the Construction Project General Ag gregate Limit of Insurance Paragraph 2.c. applies. b. A separate Location General Aggregate Limit of Insurance equal to the amount of the General Aggregate Limit shown in the Declarations shall apply to each location owned by or rented or leased to you and is the most we will pay for the sum of 1 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ages because of bodily injury or property damage included in the products completed operations hazard and 2 Medical expenses under COVER AGE C. MEDICAL PAYMENTS which can be attributed to operations at only a single location owned by or rented or leased to you. c. A separate Construction Project General Aggregate Limit of Insurance equal to the amount of the General Aggregate Limit shown in the Declarations shall ap ply to each construction project and is the most we will pay for the sum of 1 Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY except dam ages because of bodily injury or property damage included in the products completed operations hazard and 2 Medical expenses under COVER AGE C. MEDICAL PAYMENTS which can be attributed only to ongoing operations and only at a single construc tion project. d. Only for the purpose of determining which General Aggregate Limit of Insurance 2. 2.b. or 2.c. applies 1 Location means premises involving the same or connecting lots or premises whose connection is inter rupted only by a street roadway waterway or right of way of a rail road. 2 Construction project means a loca tion you do not own rent or lease where ongoing improvements al terations installation demolition or maintenance work is performed by you or on your behalf. All connected ongoing improvements alterations installation demolition or mainte nance work performed by you or on your behalf at the same location for the same persons or organizations no matter how often or under how many different contracts will be deemed to be a single construction project. The Products Completed Operations Aggre gate Limit is the most we will pay under COV ERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY for damages be cause of bodily injury and property dam age included in the products completed op erations hazard. Subject to 2.a. above the Personal and Ad vertising Injury Limit is the most we will pay under COVERAGE B. PERSONAL AND AD VERTISING INJURY LIABILITY for the sum of all damages because of all personal and ad vertising injury sustained by any one person or organization. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI ABILITY and b. Medical expenses under COVERAGE C. MEDICAL PAYMENTS because of all bodily injury and property damage arising out of any one occurrence. Subject to 5. above the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam ages because of property damage to any one premises while rented to you or in the case of damage by fire or explosion while rented to you or temporarily occupied by you with permission of the owner. Subject to 5. above the Medical Expense Limit is the most we will pay under COVER AGE C. MEDICAL PAYMENTS for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part ap ply separately to each coverage term. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties in the Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or Includes copyrighted material of Insurance A 1011204 Services Office Inc. with its permission. Page 13 of 22 GA 101 1204 Page 13 of 22 | 1 |
GA 101 1204 a personal and advertising injury of fense which may result in a claim. To the extent possible notice should include 1 How when and where the occur rence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occur rence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date re ceived and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. Youand any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investiga tion or settlement of the claim or de fense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of in jury or damage to which this insur ance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any ex pense other than for first aid without our consent. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re cover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insur ance. An agreed settlement means a settle ment and release of liability signed by us the insured and the claimant or the claimant s le gal representative. Liberalization If within 60 days prior to the beginning of this Coverage Part or during the policy period we make any changes to any forms or endorse ments of this Coverage Part for which there is currently no separate premium charge and that change provides more coverage than this Coverage Part the change will automatically apply to this Coverage Part as of the latter of a. The date we implemented the change in your state or b. The date this Coverage Part became ef fective and will be considered as included until the end of the current policy period. We will make no additional premium charge for this additional coverage during the interim. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Cover age Builder s Risk Installation Risk or similar insurance for your work That is Fire or Explosion insur ance for premises rented to you or temporarily occupied by you with permission of the owner b c That is insurance purchased by you to cover your liability as a tenant for property damage to Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 22 GA 101 1204 Page 14 of 22 | 1 |
GA 101 1204 premises rented to you or tem porarily occupied by you with permission of the owner or d If the loss arises out of the maintenance or use of aircraft autos or watercraft to the ex tent not subject to SECTION 1 COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY 2. Exclusions g. Aircraft Auto or Watercraft. 2 Any other primary insurance avail able to the insured covering liability for damages arising out of the premises or operations or the prod ucts and completed operations for which the insured has been added as an additional insured by attach ment of an endorsement. 3 Any other insurance a Whether primary excess con tingent or on any other basis except when such insurance is written specifically to be excess over this insurance and b Thatis a consolidated wrap up insurance program which has been provided by the prime contractor project manager or owner of the consolidated proj ect in which you are involved. When this insurance is excess we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN JURY LIABILITY to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that ex ceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not de scribed in this Excess Insurance provi sion and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover age Part. Method of Sharing If all of the other insurance permits con tribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of in surance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. Atthe close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and ret rospective premiums is the date shown as the due date on the bill. If 1 The earned premium is less than the deposit premium we will return the excess to the first Named Insured or 2 The earned premium is greater than the deposit premium the difference will be due and payable to us by the first Named Insured upon notice from us. The first Named Insured must keep rec ords of the information we need for pre mium computation and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part you agree a. The statements in the Declarations are accurate and complete Those statements are based upon repre sentations you made to us and We have issued this Coverage Part in re liance upon your representations. 8. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named In sured this insurance applies Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 22 Page 15 of 22 | 1 |
sured were the only sured against whom is brought. Recovery Against recover all or part e made under this ts are transferred to nothing after loss to est the insured will se rights to us and Forms or Policies any other Coverage olicy issued to you iliated with us apply or personal and se the aggregate e under all the Cov arts or policies shall pplicable limit of in overage Form Cov s condition does not orm Coverage Part n affiliated company Sess insurance over this Coverage Part the first Named In ations written notice s than 30 days be f mailing will be suf notice that is broad to the general pub gments about your s for the purpose of upporters. Adver city article. For pur ished include mate ternet or on similar ommunication and only that part of a t your goods prod the purposes of at supporters is con nent. means in the Declarations 1 An individual you and your spouse are authorized representatives. 2 A partnership or joint venture your members your partners and their spouses are authorized representa tives. 8 A limited liability company your members and your managers are authorized representatives. 4 An organization other than a part nership joint venture or limited liabil ity company your executive offi cers and directors are authorized representatives. Provided you are not a publicly traded organization your stockholders are also author ized representatives. 5 Atrust your trustees are authorized representatives. b. Your employees 1 Assigned to manage your insurance program or 2 Responsible for giving or receiving notice of an occurrence personal and advertising injury offense claim or suit are also authorized representatives. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Coverage term means the following individ ual increment or if a multi year policy period increments of time which comprise the policy period of this Coverage Part a. The year commencing on the Effective Date of this Coverage Part at 1201 AM standard time at your mailing address shown in the Declarations and if a multi year policy period each consecutive an nual period thereafter or portion thereof if any period is for a period of less than 12 months constitute individual coverage terms. The last coverage term ends at Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 22 10. 1. a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form Coverage Part or policy issued to you by us or any company affiliated with us apply to the same occurrence or personal and advertising injury offense the aggregate maximum limit of insurance under all the Cov erage Forms Coverage Parts or policies shall not exceed the highest applicable limit of in surance under any one Coverage Form Cov erage Part or policy. This condition does not apply to any Coverage Form Coverage Part or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Part. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named In sured shown in the Declarations written notice of the nonrenewal not less than 30 days be fore the expiration date. If notice is mailed proof of mailing will be suf ficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broad cast telecast or published to the general pub lic or specific market segments about your goods products or services for the purpose of attracting customers or supporters. Adver tisement includes a publicity article. For pur poses of this definition a. Notices that are published include mate rial placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods prod ucts or services for the purposes of at tracting customers or supporters is con sidered an advertisement. Authorized representative means a. If you are designated in the Declarations as GA 101 1204 Page 16 of 22 | 1 |
1200 AM standard time at your mailing address shown in the Declarations on the earlier of 1 The day the policy period shown in the Declarations ends or 2 The day the policy to which this Cov erage Part is attached is terminated or cancelled. b. However if after the issuance of this Coverage Part any coverage term is extended for an additional period of less than 12 months that additional period of time will be deemed to be part of the last preceding coverage term. 6. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury of fenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement to which we agree. 7. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMSs tapes drives cells data processing devices or any other media which are used with electronically con trolled equipment. 8. Employee includes a leased worker. Em ployee does not include a temporary worker. 9. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. ime at your mailing Declarations on the cy period shown in ends or y to which this Cov ached is terminated e issuance of this coverage term is tional period of less additional period of o be part of the last lerm. America including ssessions Puerto r airspace but only age occurs in the 1sportation between 1 a. above or world if the injury or ts made or sold by ory described in a. f a person whose rritory described in way for a short time or dvertising injury of place through the r electronic means 1 I s responsibility to mined in a suit on tory described in a. ment to which we nformation facts or created or used on computer software plications software OMs tapes drives vices or any other h electronically con ased worker. Em ide a temporary 5 a person holding ns created by your laws or any other it 10. Hostile fire means one which becomes un 1. 12. controllable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be de fective deficient inadequate or danger ous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for property damage by fire or explosion to premises while rented to you or temporarily occu pied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement ex cept in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or personal and advertising injury to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury property damage or per sonal and advertising injury arising out of construction or demolition op erations within 50 feet of any rail Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 22 GA 101 1204 Page 17 of 22 | 1 |
2 3 4 5 6 11204 road property and affecting any rail road bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engi neer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions re ports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage Under which the insured if an archi tect engineer or surveyor assumes liability for an injury or damage aris ing out of the insured s rendering or failure to render professional serv ices including those listed in Para graph 2 above and supervisory in spection architectural or engineering activities That indemnifies an advertising pub lic relations or media consulting firm for personal and advertising injury arising out of the planning execution or failure to execute marketing com munications programs. Marketing communications programs include but are not limited to comprehensive marketing campaigns consumer trade and corporate advertising for all media media planning buying monitoring and analysis direct mail promotion sales materials design presentations point of sale materi als market research public relations and new product development Under which the insured if an adver tising public relations or media con sulting firm assumes liability for personal and advertising injury arising out of the insured s rendering or failure to render professional services including those services listed in Paragraph 4 above That indemnifies a web site designer or content provider or Internet search access content or service provider for injury or damage arising out of the planning execution or fail ure to execute Internet services. Internet services include but are not limited to design production distri bution maintenance and administra tion of web sites and web banners hosting web sites registering do main names registering with search engin provic other 7 Undel site d Intern Servic injury insure der In listed 13. Leased worke 14 15. you by a labo ment between to perform du your business. pervisors furni firm. Leasec temporary wol Loading or un property a. Afteritisn accepted aircraft we b. While it is or auto c. While it is watercraft is finally de but loading o the movement chanical devic is not attache auto. Mobile equipr ing types of I tached machin a. Bulldozers other veh pally off pt b. Vehicles n next to pre Vehicles tf Vehicles maintainec permanen 1 Powe gers 2 Road equip ers or e. Vehicles r above tha maintainec Includes copyrighted material of Insurance Services Office Inc. with its permission. engines marketing analysis and providing access to the Internet or other similar networks or 7 Under which the insured if a web site designer or content provider or Internet search access content or service provider assumes liability for injury or damage arising out of the insured s rendering or failure to ren der Internet services including those listed in Paragraph 6 above. 13. Leased worker means a person leased to 14 15. you by a labor leasing firm under an agree ment between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker includes su pervisors furnished to you by the labor leasing firm. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After itis moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a me chanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the follow ing types of land vehicles including any at tached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use princi pally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent Vebhicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders dig gers or drills or 2 Road construction or resurfacing equipment such as graders scrap ers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to GA 101 1204 Page 18 of 22 | 1 |
18. d. Oral or written publication in any manner of material that slanders or libels a per son or organization or disparages a per son s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutant means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petroleum petroleum products and petroleum by products and waste. Waste includes materials to be recycled re conditioned or reclaimed. Pollutants include but are not limited to substances which are generally recognized in industry or govern ment to be harmful or toxic to persons prop erty or the environment regardless of whether the injury or damage is caused directly or indi rectly by the pollutants and whether a. The insured is regularly or otherwise en gaged in activities which taint or degrade the environment or b. The insured uses generates or produces the pollutant. 19. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been com pleted or abandoned. However your work will be deemed com pleted at the earliest of the following times a When all of the work called for in your contract has been com pleted or b When all of the work to be done at the job site has been com pleted if your contract calls for work at more than one job site or c When that part of the work done at a job site has been put to its intended use by any person or organization other than another confractor or subcontractor working on the same project. 16. 17 permanently attached equipment of the following types 1 Air compressors pumps and gen erators including spraying welding building cleaning geophysical explo ration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not con struction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and gen erators including spraying welding building cleaning geophysical explo ration lighting and well servicing equipment. However mobile equipment does not in clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi nancial responsibility law or other motor vehi cle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substan tially the same general harmful conditions. Personal and advertising injury means in jury including consequential bodily injury arising out of one or more of the following of fenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private oc cupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 19 of 22 | 1 |
Work that may need service main tenance correction repair or re placement but which is otherwise complete will be treated as com pleted. b. Does not include bodily injury or prop erty damage arising out of 1 The transportation of property un less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the load ing or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declara tions or in a schedule states that products completed operations are included. 20. Property damage means a. Physical injury to tangible property in cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi cal injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 21. Suit means a civil proceeding in which 22 money damages because of bodily injury property damage or personal and advertis ing injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or c. An appeal of a civil proceeding. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23. Volunteer worker means a person who is not your employee and who donates his or 24. her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compen sation by you or anyone else for their work performed for you. Workplace means that place and during such hours to which the employee sustain ing bodily injury was assigned by you or any other person or entity acting on your be half to work on the date of occurrence. 25. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment fur nished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fit ness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment fur nished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fit ness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 20 of 22 | 1 |
NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form GA 101 1204 The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured un der this Coverage Part is also an in sured under a nuclear energy liability policy issued by Nuclear Energy Li ability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 2 Resulting from the hazardous prop erties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this Coverage Part not been issued would be entitled to indemnity from the United States of America or any agency thereof un der any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily injury resulting from the hazard ous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily injury or property damage resulting from the hazardous properties of nu clear material if 1 The nuclear material a is at any nuclear facility owned by or oper ated by or on behalf of an insured or b has been discharged or dis persed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used proc essed stored transported or dis posed of by or on behalf of an in sured or 3 The bodily injury or property dam age arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such fa cility is located within the United States of America its territories or possessions or Canada this Exclu sion 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product ma terial. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear re actor. Waste means any waste material a con taining by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means A. Any nuclear reactor B. Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste C. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 22 GA 101 1204 Page 21 of 22 | 2 |
D. Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus de signed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of ra dioactive contamination of property. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 101 1204 Page 22 of 22 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A Endorsement Table of Contents Coverage Begins on Page Employee Benefit Liability Coverage...... Unintentional Failure to Disclose Hazards Damage to Premises Rented to You Supplementary Payments...... Medical Payments.... 180 Day Coverage for Newly Formed or Acquired Organizations Waiver of Subrogation.... Automatic Additional Insured Specified Relationships Managers or Lessors of Premises Lessor of Leased Equipment Vendors and State or Political Subdivisions Permits Relating to Premises 9. Property Damage to Borrowed Equipment...... 10. Employees as Insureds Specified Health Care Services Nurses Emergency Medical Technicians and Paramedics 11. Broadened Notice of Occurrence.... PNOA RN oooONNN 12 B. Limits of Insurance The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement except as provided below 1. Employee Benefit Liability Coverage Each Employee Limit 1000000 Aggregate Limit 3000000 Deductible 1000 3. Damage to Premises Rented to You The lesser of a. The Each Occurrence Limit shown in the Declarations or b. 500000 unless otherwise stated 4. Supplementary Payments a. Bail bonds 1000 b. Lossof earnings 350 5. Medical Payments Medical Expense Limit 10000 9. Property Damage to Borrowed Equipment Each Occurrence Limit 10000 Deductible 250 GA 2100207 Page 1 of 12 | 2 |
a You did not have knowledge of a claim or suit on or before the effective date of this en dorsement. You will be deemed to have knowledge of a claim or suit when any author ized representa tive i Reports all or any part of the act error or omission to us or any other insurer ii Receives a written or ver bal demand or claim for dam ages because of the act er ror or omis sion and b There is no other applicable insur ance. 2 Exclusions This insurance does not apply to a b c d Bodily Injury Property Damage or Personal and Advertising Injury Bodily injury property damage or personal and advertising injury. Dishonest Fraudulent Criminal or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or mali cious act error or omission committed by any insured including the willful or reck less violation of any statute. Failure to Perform a Con tract Damages arising out of fail ure of performance of con tract by any insurer. Insufficiency of Funds Damages arising out of an insufficiency of funds to Page 2 of 12 C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to SECTION COVERAGES Employee Benefit Liability Coverage. 1 Insuring Agreement a b We will pay those sums that the insured becomes legally obligated to pay as damages caused by any act error or omission of the insured or of any other person for whose acts the insured is le gally liable to which this in surance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend against any suit seeking damages to which this in surance does not apply. We may at our discretion inves tigate any report of an act error or omission and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in SEC TION Il LIMITS OF INSURANCE and Our right and duty to de fend ends when we have used up the appli cable limit of insurance in the payment of judg ments or settlements. 2 No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay ments. This insurance applies to damages only if the act er ror or omission is negli gently committed in the administration of your em ployee benefit program and 1 Occurs during the policy period or 2 Occurred prior to the ef fective date of this en dorsement provided GA 2100207 | 2 |
e U 9 h i meet any obligations under any plan included in the employee benefit program. Inadequacy of Perform ance of Investment Ad vice Given With Respect to Participation Any claim based upon 1 Failure of any invest ment to perform 2 Errors in providing in formation on past per formance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to par ticipate in any plan in cluded in the employee benefit program. Workers Compensation and Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation un employment compensation insurance social security or disability benefits law or any similar law. ERISA Damages for which any in sured is liable because of li ability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. Taxes Fines or Penalties Taxes fines or penalties in cluding those imposed under the Intemal Revenue Code or any similar state or local law. Employment Related Prac tices Any liability arising out of any 1 Refusal to employ 2 Termination of employ ment 3 Coercion demotion evaluation reassign ment discipline defa mation harassment humiliation discrimina tion or other employ ment related practices acts or omissions or 4 Consequential liability as a result of 1 2 or 3 above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. 3 Supplementary Payments SECTION COVERAGES SUPPLEMENTARY PAYMENTS COVERAGES A AND B also apply to this Coverage. Who is an Insured As respects Employee Benefit Liability Coverage SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following 1 If you are designated in the Dec larations as a b c An individual you and your spouse are insureds but only with respect to the con duct of a business of which you are the sole owner. A partnership or joint ven ture you are an insured. Your members your part ners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insur Page 3 of 12 GA 2100207 | 2 |
eds but only with respect to their duties as your manag ers. d An organization other than a partnership joint venture or limited liability company you are an insured. Your ex ecutive officers and direc tors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with re spect to their liability as stockholders. e A trust you are an insured. Your trustees are also insur eds but only with respect to their duties as trustees. Each of the following is also an insured a Each of your employees who is or was authorized to administer your employee benefit program. b Any persons organizations or employees having proper temporary authoriza tion to administer your em ployee benefit program if you die but only until your legal representative is ap pointed. c Your legal representative if you die but only with respect to duties as such. That rep resentative will have all your rights and duties under this Coverage Part. Any organization you newly ac quire or form other than a part nership joint venture or limited liability company and over which you maintain ownership or major ity interest will qualify as a Named Insured if no other similar insurance applies to that organi zation. However coverage un der this provision a Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier and b Does not apply to any act error or omission that was committed before you ac quired or formed the organi zation. C. Limits of Insurance As respects Employee Benefit Liability Coverage SECTION Il LIMITS OF INSURANCE is deleted in its entirety and replaced by the following 1 The Limits of Insurance shown in Section B. Limits of Insurance 1. Employee Benefit Liability Coverage and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 2 The Aggregate Limit shown in Section B. Limits of Insurance 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all dam ages because of acts errors or omissions negligently committed in the administration of your employee benefit program. 3 Subject to the limit described in 2 above the Each Employee Limit shown in Section B. Limits of Insurance 1. Employee Benefit Liability Coverage of this endorsement is the most we will pay for all damages sus tained by any one employee including damages sustained by such employee s dependents and beneficaries as a result of a An act error or omission or b A series of related acts er rors or omissions regard less of the amount of time that lapses between such acts errors or omissions negligently committed in the administration of your em ployee benefit program. However the amount paid under this endorsement shall not ex ceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. Page 4 of 12 GA 2100207 | 2 |
4 Deductible Amount a Our obligation to pay dam ages on behalf of the in sured applies only to the amount of damages in ex cess of the deductible amount stated in the Decla rations as applicable to Each Employee. The limits of in surance shall not be reduced by the amount of this de ductible. b The deductible amount stated in the Declarations applies to all damages sus tained by any one em ployee including such em ployee s dependents and beneficiaries because of all acts errors or omissions to which this insurance applies. c The terms of this insurance including those with respect to 1 Our right and duty to de fend the insured against any suits seeking those damages and 2 Your duties and the du ties of any other in volved insured in the event of an act error or omission or claim apply irrespective of the ap plication of the deductible amount. d We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon no tification of the action taken you shall promptly reimburse us for such part of the de ductible amount as we have paid. d. Additional Conditions As respects Employee Benefit Li ability Coverage SECTION IV COMMERCIAL GENERAL LIABIL ITY CONDITIONS is amended as fol lows 1 Item 2. Duties in the Event of Occurrence Offense Claim or Suit is deleted in its entirety and replaced by the following 2. Duties in the Event of an Act Error or Omission or Claim or Suit You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it oc curred and 2 The names and addresses of any one who may suf fer damages as a result of the act er ror or omission. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practicable. You and any other in volved insured must 1 Immediately send us copies of any demands notices summonses or le gal papers re ceived in connec tion with the claim 2 Authorize us to ob tain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organi zation which may be liable to the in sured because of Page 5 of 12 GA 2100207 | 2 |
c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery under any other insurance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li ability Coverage SECTION V DEFINITIONS is amended as follows 1 The following definitions are added 1. Administration means a. Providing information to employees including their dependents and beneficiaries with re spect to eligibility for or scope of employee benefit programs b. Interpreting the em ployee benefit pro grams c. Handling records in connection with the employee benefit pro grams or d. Effecting continuing or terminating any em ployee s participation in any benefit included in the employee benefit program. However administration does not include a. Handling payroll deduc tions or b. The failure to effect or maintain any insurance or adequate limits of coverage of insurance including but not limited to unemployment insur ance social security benefits workers com pensation and disability benefits. Cafeteria plans means plans authorized by applica ble law to allow employees to elect to pay for certain benefits with pre tax dollars. an act error or omission to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 2 ltem 5. Other Insurance is de leted in its entirety and replaced by the following 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as follows Primary Insurance This insurance is pri mary except when c. below applies. If this in surance is primary our obligations are not af fected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in b. below. Method of Sharing If all of the other insur ance permits contribu tion by equal shares we will follow this method also. Under this ap proach each insurer contributes equal amounts until it has paid its applicable limit of in surance or none of the loss remains whichever comes first. If any of the other insur ance does not permit contribution by equal shares we will contrib ute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insur ers. GA 2100207 Page 6 of 12 | 2 |
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