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3. Employee benefit pro grams means a program providing some or all of the following benefits to em ployees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending ac counts provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibil ity requirements b. Profit sharing plans employee savings plans employee stock ownership plans pen sion plans and stock subscription plans pro vided that no one other than an employee may subscribe to such bene fits and such benefits are made generally available to all employ ees who are eligible under the plan for such benefits c. Unemployment insur ance social security benefits workers com pensation and disability benefits and d. Vacation plans includ ing buy and sell pro grams leave of ab sence programs includ ing military maternity family and civil leave tuition assistance plans transportation and health club subsidies. 2 The following definitions are de leted in their entirety and re placed by the following 21. Suit means a civil proceed ing in which money dam ages because of an act er ror or omission to which this insurance applies are al leged. Suit includes a. An arbitration proceed ing in which such dam ages are claimed and to which the insured must submit or does submit with our consent b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent or c. An appeal of a civil pro ceeding. 8. Employee means a person actively employed formerly employed on leave of ab sence or disabled or retired. Employee includes a leased worker. Em ployee does not include a temporary worker. Unintentional Failure to Disclose Haz ards SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 7. Representa tions is hereby amended by the addition of the following Based on our dependence upon your rep resentations as to existing hazards if un intentionally you should fail to disclose all such hazards at the inception date of your policy we will not reject coverage under this Coverage Part based solely on such failure. Damage to Premises Rented to You a. The last Subparagraph of SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions is hereby deleted and replaced by the following Exclusions. through q. do not apply to damage by fire explosion light ning smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b. The insurance provided under SEC TION COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY applies to property damage arising out of water damage to premises that are both rented to and occupied by you. 1 As respects Water Damage Le gal Liability as provided in Para graph 3.b. above GA 2100207 Page 7 of 12 | 2 |
The exclusions under SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY 2. Exclusions other than i. War and the Nuclear Energy Liabil ity Exclusion are deleted and the following are added This insurance does not apply to a Property damage 1 Assumed in any con tract or 2 Loss caused by or re sulting from any of the following a Wear and tear b Rust corrosion fungus decay de terioration hidden or latent defect or any quality in prop erty that causes it to damage or de stroy itself c Smog d Mechanical break down including rup ture or bursting caused by cen trifugal force e Settling cracking shrinking or ex pansion or f Nesting or infesta tion or discharge or release of waste products or secre tions by insects birds rodents or other animals. b Loss caused directly or indi rectly by any of the following 1 Earthquake volcanic eruption landslide or any other earth move ment 2 Water that backs up or overflows from a sewer drain or sump 3 Water under the ground surface pressing on or flowing or seeping through C. c d a Foundations walls floors or paved sur faces b Basements whether paved or not or c Doors windows or other openings. Loss caused by or resulting from water that leaks or flows from plumbing heat ing air conditioning or fire protection systems caused by or resulting from freezing unless 1 You did your best to maintain heat in the building or structure or 2 You drained the equip ment and shut off the water supply if the heat was not maintained. Loss to or damage to 1 Plumbing heating air conditioning fire protec tion systems or other equipment or appli ances or 2 The interior of any build ing or structure or to personal property in the building or structure caused by or resulting from rain snow sleet or ice whether driven by wind or not. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara tions is amended as follows 2 Paragraph 6. of SECTION Ill LIMITS OF INSURANCE is hereby deleted and replaced by the following 6. Subject to 5. above the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY IN JURY AND PROPERTY DAMAGE LIABILITY for damages because of prop erty damage to premises while rented to you or tem porarily occupied by you with permission of the owner arising out of any one oc Page 8 of 12 GA 2100207 | 2 |
currence to which this in surance applies. 3 The amount we will pay is limited as described in Section B. Limits of Insurance 3. Damage to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION COVERAGE SUP PLEMENTARY PAYMENTS COVER AGES A AND B a. Paragraph 2. is replaced by the fol lowing Up to the limit shown in Section B. Limits of Insurance. 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol lowing All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to the limit shown in Sec tion B. Limits of Insurance 4.b. Loss of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance 5. Medical Pay ment of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION Il WHO IS AN INSURED is amended as follows Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the following a. Insurance under this provision is af forded only until the 180th day after you acquire or form the organization or the end of the policy period which ever is earlier 7. Waiver of Subrogation SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongo ing operations or your work done under a written contract requiring such waiver with that person or organization and included in the products completed operations haz ard. However our rights may only be waived prior to the occurrence giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to im pair our rights. At our request the insured will bring suit or transfer those rights to us and help us enforce those rights. Automatic Additional Insured Speci fied Relationships a. The following is hereby added to SECTION Il WHO IS AN INSURED 1 Any person or organization de scribed in Paragraph 8.a.2 be low hereinafter referred to as additional insured whom you are required to add as an additional insured under this Coverage Part by reason of a A written contract or agree ment or b An oral agreement or con tract where a certificate of insurance showing that per son or organization as an additional insured has been issued is an insured provided a The written or oral contract or agreement is 1 Currently in effect or becomes effective dur ing the policy period and 2 Executed prior to an occurrence or offense to which this insurance would apply and b They are not specifically named as an additional in sured under any other provi sion of or endorsement added to this Coverage Part. 2 Only the following persons or or ganizations are additional insur eds under this endorsement and insurance coverage provided to Page 9 of 12 GA 2100207 | 2 |
such additional insureds is lim ited as provided herein a b c The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.1 above to provide insurance but only with respect to liability aris ing out of the ownership maintenance or use of that part of a premises leased to you subject to the following additional exclusions This insurance does not ap ply to 1 Any occurrence which takes place after you cease to be a tenant in that premises. 2 Structural alterations new construction or demolition operations performed by or on be half of such additional insured. Any person or organization from which you lease equipment with whom you have agreed per Paragraph 8.a.1 above to provide in surance. Such persons or organizations are insureds solely with respect to their li ability arising out of the maintenance operation or use by you of equipment leased to you by such per sons or organizations. However this insurance does not apply to any oc currence which takes place after the equipment lease expires. Any person or organization referred to below as vendor with whom you have agreed per Paragraph 8.a.1 above to provide insurance but only with respect to bodily injury or property damage arising out of your products which are distributed or sold in the regular course of the vendor s business subject to the following additional ex clusions 1 The insurance afforded the vendor does not ap ply to a b c d e f 9 Bodily injury or property damage for which the ven dor is obligated to pay damages by reason of the as sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement Any express war ranty unauthorized by you Any physical or chemical change in the product made intentionally by the vendor Repackaging un less unpacked solely for the pur pose of inspection demonstration testing or the sub stitution of parts under instructions from the manufac turer and then re packaged in the original container Any failure to make such inspections adjustments tests or servicing as the vendor has agreed to make or nor mally undertakes to make in the usual course of business in con nection with the distribution or sale of the products Demonstration in stallation servicing or repair opera tions except such operations per formed at the ven dor s premises in connection with the sale of the product Products which af ter distribution or sale by you have Page 10 of 12 GA 2100207 | 2 |
been labeled or re labeled or used as a container part or ingredient of any other thing or sub stance by or for the vendor. 2 This insurance does not apply to any insured person or organization a From whom you have acquired such products or any ingredient part or container enter ing into accompa nying or containing such products or b When liability in cluded within the products completed opera tions hazard has been excluded un der this Coverage Part with respect to such products. d Any state or political subdivi sion with which you have agreed per Paragraph 8.a.1 above to provide in surance subject to the fol lowing additional provision This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec tion with premises you own rent or control and to which this insurance applies 1 The existence mainte nance repair construc tion erection or re moval of advertising signs awnings cano pies cellar entrances coal holes driveways manholes marquees hoist away openings sidewalk vaults street banners or decorations and similar exposures or 2 The construction erec tion or removal of ele vators or 3 The ownership mainte nance or use of any elevators covered by this insurance. 3 Any insurance provided to an ad ditional insured designated under Paragraph 8.a.2 Subpara graphs a b and d does not apply to bodily injury property damage or personal and adver tising injury arising out of the sole negligence or willful miscon duct of the additional insured or their agents employees or any other representative of the addi tional insured. b. SECTION IV COMMERCIAL GEN ERAL LIABILITY CONDITIONS is hereby amended as follows Condition 5. Other Insurance is amended to include 1 Where required by a written con tract or agreement this insur ance is primary and or noncon tributory as respects any other insurance policy issued to the additional insured and such other insurance policy shall be excess and or noncontributing whichever applies with this in surance. 2 Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except a As otherwise provided in SECTION IV COMMER CIAL GENERAL LIABILITY CONDITIONS 5. Other In surance b. Excess Insur ance or b For any other valid and col lectible insurance available to the additional insured as an additional insured by at tachment of an endorsement to another insurance policy that is written on an excess basis. In such case the coverage provided under this endorsement shall also be excess. 9. Property Damage to Borrowed Equip ment a. The following is hereby added to Ex clusion j. Damage to Property of Paragraph 2. Exclusions of SEC TION COVERAGES COVERAGE A. BODILY INJURY AND PROP ERTY DAMAGE LIABILITY. GA 2100207 Page 11 of 12 | 2 |
Paragraphs 3 and 4 of this exclu sion do not apply to tools or equip ment loaned to you provided they are not being used to perform operations at the time of loss. With respect to the insurance pro vided by this section of the endorse ment the following additional provi sions apply Q The Limits of Insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance 9. Property Damage to Borrowed Equipment of this endorsement with respect to coverage pro vided by this endorsement. These limits are inclusive of and not in addition to the limits being replaced. The Limits of Insur ance shown in Section B. Limits of Insurance 9. Property Dam age to Borrowed Equipment of this endorsement fix the most we will pay in any one occurrence regardless of the number of a Insureds b Claims made or suits brought or c Persons or organizations making claims or bring Deductible Clause a Our obligation to pay dam ages on your behalf applies only to the amount of dam ages for each occurrence which are in excess of the deductible amount stated in Section B. Limits of Insur ance 9. Property Damage to Borrowed Equipment of this endorsement. The limits of insurance will not be re duced by the application of such deductible amount. b SECTION IV COMMER CIAL GENERAL LIABILITY CONDITIONS 2. Duties in the Event of Occurrence Offence Claim or Suit ap plies to each claim or suit irrespective of the amount. c We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon no tification of the action taken you shall promptly reimburse us for such part of the de ductible amount as has been paid by us. 10. Employees as Insureds Specified 1 Health Care Services It is hereby agreed that Paragraph 2.a1d of SECTION Il WHO IS AN INSURED does not apply to your em ployees who provide professional health care services on your behalf as duly li censed a. Nurses b. Emergency Medical Technicians or c. Paramedics in the jurisdiction where an occurrence or offense to which this insurance applies takes place. Broadened Notice of Occurrence Paragraph a. of SECTION IV COM MERCIAL GENERAL LIABILITY CONDI TIONS 2. Duties in the Event of Occur rence Offence Claim or Suit is hereby deleted and replaced by the following a. You must see to it that we are notified as soon as practicable of an occur rence or an offense which may result inaclaim. To the extent possible no tice should include 1 How when and where the oc currence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any in jury or damage arising out of the occurrence or offense. This requirement applies only when the occurrence or offense is known to an authorized representative. GA 2100207 Page 12 of 12 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion 2.s. of Section Coverage A Bodily Injury and Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to S. Access or Disclosure of Confiden tial or Personal Information and Data Related Liability Damages arising out of Q Any access to or disclosure of any person s or organization s confidential or personal informa tion including patents trade se crets processing methods cus tomer lists financial information credit card information health in formation or any other type of nonpublic information or The loss of loss of use of dam age to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if dam ages are claimed for notification costs credit monitoring expenses fo rensic expenses public relations ex penses or any other loss cost or ex pense incurred by you or others aris ing out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exdusion does not apply to damages because of bodily injury. B. The following is added to Paragraph 2. Exclu sions of Section Coverage B Personal and Advertising Injury Liability 2. Exclusions This insurance does not apply to Access or Disclosure of Confidential or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods cus tomer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or dis closure of any person s or organization s confidential or personal information. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 3024 05 14 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORMS PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Exclusions 2.a. is deleted and replaced by the following 2. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damaqe expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons or property. Contains copyrighted material of Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 1992 GA 325 PA 10 95 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Para graph 2. Exclusions of SECTION COVERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY This insurance does not apply to bodily in jury property damage or personal and ad vertising injury that arises out of is caused by or is attributable to whether in whole or in part any of the following a. The design manufacture sale service handling construction fabrication prepa ration installation application mainte nance disposal or repair including re modeling service correction or re placement of a wall finish system or any part thereof including any method or procedure used to correct problems with installed or partially installed wall finish systems or Any work or operations conducted by or on behalf of any insured on or to a wall finish system or any component thereof or any component of a building or struc ture to which a wall finish system at taches that results directly or indirectly in the intrusion of water or moisture includ ing any resulting development or pres ence of fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product con tributed concurrently or in any sequence to such injury or damage. However this exclusion does not apply if a. or b. above was performed by or on behalf of any insured and begun before 07 01 2004. This exclusion also applies to any bodily in jury property damage or personal and ad vertising injury b. Arising out of caused by or attributable to whether in whole or in part warranties or representations made at any time with respect to the fitness quality durability or performance of a wall finish system and Arising out of caused by or attributable to whether in whole or in part the pro viding of or failure to provide any warning or instructions with regard to a wall finish system. 2. SECTION V DEFINITIONS is amended to include the following a. Direct applied exterior finish system commonly referred to as DEFS means an exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1 Arigid or semi rigid substrate 2 The adhesive and or mechanical fasteners used to attach the sub strate to the structure including any water durable exterior wall substrate 8 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface tex ture to which color may be added and 5 Any conditioners primers accesso ries flashing coatings caulking or sealants used with the system for any purpose that interact to form an energy efficient wall. Exterior insulation and finish system commonly referred to as synthetic stucco or EIFS means an exterior clad ding or finish system and all component parts therein used on any part of any structure and consisting of 1 Arigid or semi rigid insulation board made of expanded polystyrene or other materials Includes copyrighted material of Insurance a. For which any insured assumes liability in any part of any contract or agreement regardless of whether such contract or agreement is an insured contract GA 346 1102 Services Office Inc. with its permission. Page 10of 2 agrapn b. Ar AGES to AND or i Para re N of SONAL ar Y c. A dily in to ind ad Vi caused or le or in sy 2. SECTI ervice include prepa. nainte a. Di ing re co or re an m or all thod or par ns with It finish 2 1 by or a wall hereof r struc 3 m at ctly in includ 4 r pres vithin a s con 5 other ot con juence th if a. or W half of 20046 b. E. c dily in st ind ad di pe bility in st ement It ract or GA 346 1102 Page 10of 2 | 2 |
2 The adhesive and or mechanical fasteners used to attach the insula tion board to the substrate 3 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface tex ture to which color may be added and 5 Any conditioners primers accesso ries flashing coatings caulking or sealants used with the system for any purpose that interact to form an energy efficient wall. Fungi means any type or form of fun gus and includes but is not limited to any form or type of mold mushroom or mildew and mycotoxins spores scents or byproducts produced or released by fungi. Wall finish system means 1 An exterior insulation and finish 2 A direct applied exterior finish sys tem or 3 Any energy efficient exterior cladding or finish system substantially similar to Paragraph 1 or 2 above. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 346 1102 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of SECTION I COVERAGES. COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage caused directly or indirectly in whole or in part by any actual alleged or threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of any fungi or bacteria on or within a building or structure including its contents whether occurring sud denly or gradually Any loss cost or expense associ ated in any way with or arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating mitigating or disposing of or in any way responding to in vestigating or assessing the effects of fungi or bacteria by any insured or by any other person or entity Any liability with respect to fungi or bacteria arising out of resulting from caused by contributed to or in any way related to any supervision instruction recommendation warn ing or advice given or which should have been given in connection with 1 The existence of fungi or bac teria 2 The prevention of fungi bacteria 8 The remediation of fungi bacteria 4 Any operation described Paragraph A. 2. b. above 5 Your product or 6 Your work or d. Any obligation to share damage with or repay any person organiz tion or entity related in any way the liability excluded in Paragrapt A.2.a. b.orc. above regardless of any other cause ever material product and or building con ponent that contributed concurrently or any sequence to the injury or damage. However this exclusion does not apply any fungi or bacteria that are are on are contained in a good or product i tended for human ingestion. B. The following exclusion is added to Paragrar 2. Exclusions of SECTION COVERAGE COVERAGE B. PERSONAL AND ADVEF TISING INJURY LIABILITY 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injur caused directly or indirectly in who or in part by any actual alleged threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of d to Paragraph COVERAGES. NJURY AND TY ply to perty damage rectly in whole ual alleged or on or within a. including its ccurring sud pense associ or arising out of or monitoring g containing neutralizing g or disposing ponding to in ing the effects by any insured 1 or entity ct to fungi or of resulting ibuted to or in 1y supervision ndation warn r which should nnection with fungi or bac 2 The prevention of fungi or bacteria 8 The remediation of fungi or bacteria 4 Any operation described in Paragraph A. 2. b. above 5 Your product or 6 Your work or d. Any obligation to share damages with or repay any person organiza tion or entity related in any way to the liability excluded in Paragraphs A.2.a. b.orc. above regardless of any other cause event material product and or building com ponent that contributed concurrently or in any sequence to the injury or damage. However this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product in tended for human ingestion. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION I COVERAGES. COVERAGE B. PERSONAL AND ADVER TISING INJURY LIABILITY 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal and advertising injury caused directly or indirectly in whole or in part by any actual alleged or threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 2 GA 382 03 02 Page 10of 2 | 2 |
4 Any operation described in Paragraph B. 2. b. above 5 Your product or 6 Your work or d. Any obligation to share damages with or repay any person organiza tion or entity related in any way to the liability excluded in Paragraphs B. 2. a. b. or c. above regardless of any other cause event material product and or building com ponent that contributed concurrently or in any sequence to the injury or damage. However this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product in tended for human ingestion. For the purposes of this endorsement SEC TION V DEFINITIONS is amended to include the following Fungi means any type or form of fungus and includes but is not limited to any form or type of mold mushroom or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. any fungi or bacteria on or within a building or structure including its contents whether occurring sud denly or gradually Any loss cost or expense associ ated in any way with or arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating mitigating or disposing of or in any way responding to in vestigating or assessing the effects of fungi or bacteria by any insured or by any other person or entity Any liability with respect to fungi or bacteria arising out of resulting from caused by contributed to or in any way related to any supervision instruction recommendation warn ing or advice given or which should have been given in connection with 1 The existence of fungi or bac teria 2 The prevention of fungi or bacteria 8 The remediation of fungi or bacteria Includes copyrighted material of ISO Properties Inc. with its permission. GA 382 03 02 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED MANAGERS OR LESSORS OF PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 1. Designation of Premises Part Leased to You 1950 BOYSON RD HIAWATHA IA 52233 2318 2. Name of Person or Organization Additional Insured PBI GRR LLC 101 3RD AVE SW STE 220 CEDAR RAPIDS IA 52404 5736 SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions This insurance does not apply to 1. Any occurrence which takes place after you cease to be a tenant in that premises. 2. Structural alterations new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule. 3. Bodily injury property damage or personal and advertising injury arising out of the sole negligence or willful misconduct of the additional insured or its employees. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 4079 10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization BRANDYWINE REALTY TRUST BRANDYWINE CIRA LP NATL RAILROAD PASSENGER CORP 555 E LANCASTER AVE STE 100 RADNOR PA 19087 5166 A SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your op erations or premises owned by or rented to you. B. The following exclusion is added to SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL ITY 2. Exclusions and SECTION COV ERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclu sions The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal and advertising in jury arising out of the sole negligence or willful misconduct of or for defects in design fur nished by the additional insured or its em ployees. C. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 5. Other Insurance is amended to include Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except a. As otherwise provided in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Other Insurance or b. For any other valid and collectible insur ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 4084 10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization NMHG FINANICAL SERVICES ITS SUCCESSORS AND ASSIGNS 44 OLD RIDGEBURY RD DANBURY CT 06810 5107 A SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your op erations or premises owned by or rented to you. B. The following exclusion is added to SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL ITY 2. Exclusions and SECTION COV ERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclu sions The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal and advertising in jury arising out of the sole negligence or willful misconduct of or for defects in design fur nished by the additional insured or its em ployees. C. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 5. Other Insurance is amended to include Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except a. As otherwise provided in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Other Insurance or b. For any other valid and collectible insur ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 4084 10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization UNITED RENTALS 2225 SANS SOUCI PKWY HANOVER TOWNSHIP PA 18706 5003 A SECTION Il WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your op erations or premises owned by or rented to you. B. The following exclusion is added to SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABIL ITY 2. Exclusions and SECTION COV ERAGES COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclu sions The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal and advertising in jury arising out of the sole negligence or willful misconduct of or for defects in design fur nished by the additional insured or its em ployees. C. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 5. Other Insurance is amended to include Any insurance provided by this endorsement shall be primary to other insurance available to the additional insured except a. As otherwise provided in SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Other Insurance or b. For any other valid and collectible insur ance available to the additional insured as an additional insured by attachment of an endorsement to another insurance policy that is written on an excess basis. In such case the coverage provided under this endorsement shall also be excess. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 4084 10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NONCONTRIBUTORY AMENDMENT OF CONDITIONS FOR DESIGNATED ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization Additional Insured ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE REQUIRED IN WRITTEN CONTRACT TO ADD AS AN ADDITIONAL INSURED ON A PRIMARY AND NONCONTRIBUTORY BASIS With respect to insurance provided the additional insured shown in the Schedule SECTION IV COMMERCIAL GENERAL LIABILITY CONDI TIONS 5. Other Insurance is deleted in its en tirety and replaced by the following 5. Other Insurance If other valid and collectible insurance is avail able to the additional insured for a loss we cover under Coverages A or B of this Cover age Part our obligations are limited as follows a. Primary Insurance Where required by a written contract this insurance is primary and noncontributory as respects any other insurance policy is sued to the additional insured. Otherwise b. below applies. Excess Insurance This insurance is excess over any of the other insurance available to the additional insured whether primary excess contin gent or on any other basis. When this insurance is excess we will have no duty under Coverages A or B to defend any claim or suit that any other insurer has a duty to defend. 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 any other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that was not bought specifically to apply in excess of the Limits of Insurance shown in the Dec larations of this Coverage Part. Method of Sharing If all of the other insurance permits contri bution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. GA 4094 10 01 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The provisions of this endorsement apply only with respect to property damage to or resulting from your work property damage resulting from your product and bodily injury resulting from your work and your product. The following coverage is afforded hereunder A. SECTION I COVERAGES COVERAGE A. Bodily injury for which this Paragraph B. pro BODILY INJURY AND PROPERTY DAM AGE LIABILITY 1. Insuring Agreement a. is amended to include damages which you become legally obligated to pay because of property damage that is 1 To your work if the damaged work or the work out of which the damage arises was performed on your behalf by a sub contractor or 2 To property other than your product or your work if the property damage is caused by or results from your product or your work if such property damage 1 Consists of physical injury to tangible property including all immediately ensu ing resulting loss of use of that property and 2 Is included within the products completed operations hazard. Property damage for which this Paragraph A. provides coverage shall be deemed to be caused by an occurrence. However we will not pay for 1 Property damage that was a result of willful wanton or intentional misconduct or 2 Property damage that was to defective or faulty work. SECTION I COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAM AGE LIABILITY 1. Insuring Agreement a. is amended to include damages which you become legally obligated to pay because of bodily injury that is caused by or results from your work or your product if such bodily in jury is included within the products completed operations hazard. vides coverage shall be deemed to be caused by an occurrence. However we will not pay for bodily injury that was a result of willful wanton or intentional misconduct. With respect to the coverage provided under Paragraphs A. and B. this endorsement does not serve to limit or restrict the applicability of any exclusion or limitation under this Cover age Part. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Liberalization is amended to include the following 4. Liberalization If a Coverage Part includes GA 4315 06 09 Property Damage Caused By Work Performed For You By Your Subcontrac tors this endorsement will apply retroac tively for the period GA 4315 06 09 was effective on that Coverage Part. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Other Insur ance is deleted in its entirety and replaced by the following 5. Other Insurance If other valid and collectble insurance is available to the insured for a loss we cover under this endorsement our obliga tions are limited as follows a. Excess Insurance This insurance is excess except when b. below applies. This insur ance is excess over any other insur ance whether primary excess con tingent or on any other basis except when such insurance is written spe cifically to be excess over this insur ance. Bodily injury for which this Paragraph B. pro vides coverage shall be deemed to be caused by an occurrence. However we will not pay for bodily injury that was a result of willful wanton or intentional misconduct. With respect to the coverage provided under Paragraphs A. and B. this endorsement does not serve to limit or restrict the applicability of any exclusion or limitation under this Cover age Part. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Liberalization is amended to include the following 4. Liberalization If a Coverage Part includes GA 4315 06 09 Property Damage Caused By Work Performed For You By Your Subcontrac tors this endorsement will apply retroac tively for the period GA 4315 06 09 was effective on that Coverage Part. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5. Other Insur ance is deleted in its entirety and replaced by the following 5. Other Insurance If other valid and collectble insurance is available to the insured for a loss we cover under this endorsement our obliga tions are limited as follows a. Excess Insurance This insurance is excess except when b. below applies. This insur ance is excess over any other insur ance whether primary excess con tingent or on any other basis except when such insurance is written spe cifically to be excess over this insur ance. GA 43150312 Page 10of 2 | 2 |
b Primary or Primary Noncon tributory Insurance Where required by a written con tract or agreement this insur ance is primary and or noncon tributory as respects any other insurance policy issued to an additional insured and such other insurance policy shall be excess and or noncontributing whichever applies with this in surance. SECTION V DEFINITIONS is amended to include the following Defective or faulty work means work that fails to meet or comply with applicable building codes fails to meet or comply with industry standards is not fit as constructed for its in tended use or does not meet or comply with a contract s plans or specifications. Defective or faulty work is not physical injury to tangible property. GA 43150312 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BODILY INJURY EXCEPTIONS TO POLLUTANT EXCLUSION This endorsement modifies insurance provided under the following For purposes of insurance provided by this endorsement 1. COMMERCIAL GENERAL LIABILITY COVERAGE PART Sudden and Accidental Exception Exclusion f. Pollutant 1a and 1d of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY do not apply to bodily injury pro vided a. The release of pollutants from which the bodily injury arises is sudden and accidental and b. The injured person s first exposure to such pollutants occurred during the policy period and c. The injured person is clinically diagnosed or treated by a physician for the bodily injury caused by exposure to such pol lutants within one year of such first ex posure. Amendment to On Premises Exception The on premises exception to the Pollutant Exclusion f.1a1 c of SECTION I COV ERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted in its entirety and replaced by the fol lowing c Within one year of such first exposure the person injured is clinically diagnosed or treated by a physician for the medical condition caused by the exposure 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 dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Off Premises Exception Exclusion f. Pollutant 1d of SECTION I COVERAGES COVERAGE A. BODILY IN JURY AND PROPERTY DAMAGE LIABILITY does not apply to bodily injury that is caused by gaseous or airborne pollutants provided a. The injured person s first exposure to gaseous or airborne pollutants occurred during the policy period and b. The injured person is clinically diagnose or treated by a physician for the bodil injury caused by the exposure to gase ous or airborne pollutants within one year of such first exposure. Amended Who Is An Insured As respects the insurance provided by Para graphs 1. and 3. of this endorsement th Sudden and Accidental Exception and th Off Premises Exception SECTION Il WHC IS AN INSURED is deleted in its entirety an replaced by the following The coverage afforded shall apply only t Named Insureds. We shall have no duty t defend or pay damages for any person or or ganization that is not a Named Insured. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 5. Other Insuranc b. Excess Insurance is amended to includs the following The insurance provided by Paragraphs 1 Sudden and Accidental Exception and 3 Off Premises Exception of this endorsemer is excess over any other valid and collectibl insurance whether primary excess contin gent or on any other basis except insuranc written specifically to cover as excess over the limits of insurance that apply in this endorse ment. As respects the insurance provided by Para graphs 1. and 3. of this endorsement SEC TION V DEFINITIONS is amended to ad the following 1. Accidental means unintended and un expected. 2. Gaseous or airborne pollutants mean pollutants which a Are a gas smoke fume vapor o other similar airborne substance an b Are the result of the release of sucl pollutants from materials machin ery or equipment brought on or t the work site by any Named In sured or any employees contrac tors or subcontractors working di b. The injured person is clinically diagnosed or treated by a physician for the bodily injury caused by the exposure to gase ous or airborne pollutants within one year of such first exposure. Amended Who Is An Insured As respects the insurance provided by Para graphs 1. and 3. of this endorsement the Sudden and Accidental Exception and the Off Premises Exception SECTION Il WHO IS AN INSURED is deleted in its entirety and replaced by the following The coverage afforded shall apply only to Named Insureds. We shall have no duty to defend or pay damages for any person or or ganization that is not a Named Insured. SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS 5. Other Insurance b. Excess Insurance is amended to include the following The insurance provided by Paragraphs 1. Sudden and Accidental Exception and 3. Off Premises Exception of this endorsement is excess over any other valid and collectible insurance whether primary excess contin gent or on any other basis except insurance written specifically to cover as excess over the limits of insurance that apply in this endorse ment. As respects the insurance provided by Para graphs 1. and 3. of this endorsement SEC TION V DEFINITIONS is amended to add the following 1. Accidental means unintended and un expected. 2. Gaseous or airborne pollutants means pollutants which a Are a gas smoke fume vapor or other similar airborne substance and b Are the result of the release of such pollutants from materials machin ery or equipment brought on or to the work site by any Named In sured or any employees contrac tors or subcontractors working di Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 478 12 04 Page 10of 2 | 2 |
rectly or indirectly on any Named In sured s behalf. Gaseous or airborne pollutants does not include asbestos or lead. Release means actual discharge dis persal seepage migration release es cape or emission. Sudden means abrupt immediate and brief as well as unexpected and without prior notice. Sudden has a temporal element which requires that the release of pollutants begins and ends within a brief period of time. A release of a pollutant which results from a series of ongoing events which constitute a course of conduct or course of business is not sudden. Work site means any premises site or location while a Named Insured or a Named Insured s employees contrac tors or subcontractors are performing op erations directly or indirectly on the Named Insured s behalf provided the premises site or location is not owned or occupied by or rented or loaned to a Named Insured. Includes copyrighted material of Insurance Services Office Inc. with its permission. GA 478 12 04 Page 2 of 2 | 2 |
THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company CONTRACTORSEQUIPMENT AND TOOLS 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 Declarations Covered Property check one Scheduled Equipment Schedule on File x Description of Covered Property Valuation Limit of Insurance Make Model Year Built Serial Number Etc. ACV FRC RC Schedule PER SCHEDULE ON FILE ACv 28455 ocheduie PER SCHEDULE ON FILE Acv Limits Total Scheduled Equipment Additional Debris Removal Expense Employee Owned Tools Any One Tool Employee Owned Tools Any One Occurrence Newly Purchased Equipment 28455 28455 10000 250 1000 25000 OR 30 OF THE TOTAL SCHEDULED EQUIPMENT LIMIT Acv 28455 28455 10000 250 1000 25000 OR 30 OF THE TOTAL SCHEDULED EQUIPMENT LIMIT WHICHEVER IS GREATER 60 10000 36000 1000 5000 500 5000 Newly Purchased Equipment Number of Days Pollutant Cleanup and Removal Equipment Leased or Rented from Others Loss of Use of Equipment Leased or Rented from Others Equipment Borrowed from Others Rental Reimbursement Per Day Rental Reimbursement Per Year Rental Reimbursement Waiting Period Spare Parts and Fuel Your Tools Any One Tool Your Tools Any One Occurrence 24 Hours 1000 L R SRR Y 24 Hours Includes copyrighted material of ISO Properties Inc. with its permission. epp 014 93 81 Includes copyrighted material with permission of American Association of Insurance Services Inc. MA 559 05 10 Page 1of 2 | 2 |
RATES AND PREMIUM for Scheduled Equipment Rate 1ncL Premium 1ncL DEDUCTIBLE check one x Flat Deductible Amount 500 unless otherwise stated Percentage Deductible Maximum Deductible Amount Minimum Deductible Amount COINSURANCE check one x 80 90 100 Other REPORTING CONDITIONS check if applicable Equipment Leased or Rented from Others Deposit Premium Minimum Premium Reporting Rate Equipment Leased or Rented from Others Deposit Premium Minimum Premium Reporting Rate Newly Purchased Equipment Deposit Premium Minimum Premium Reporting Rate FORMS AND OR ENDORSEMENTS APPLICABLE TO CONTRACTORS EQUIPMENT AND TOOLS MA108 0305 CONTRACTORS EQUIPMENT AND TOOLS COVERAGE FORM MA135 1199 COMMERCIAL INLAND MARINE CONDITIONS MAGO16 0607 CONTRACTORS EQUIPMENT AND TOOLS COVERAGE PART RATE AND DEDUCTIBLE SCHEDULE MAG11 0288 LOSS PAYABLE PROVISIONS LOSS PAYEE if any NMHG FINANCIAL SERVICES 10 RIVERVIEW DR DANBURY CT 06810 6268 UNITED RENTALS 2225 SANS SOUCI PKWY HANOVER TOWNSHIP PA 18706 5003 SPECIAL PROVISIONS if any Newly Purchased Equipment Deposit Premium Minimum Premium Reporting Rate Includes copyrighted material of ISO Properties Inc. with its permission. epp 014 93 81 Includes copyrighted material with permission of American Association of Insurance Services Inc. MA 559 05 10 Page 2 of 2 | 2 |
CONTRACTORSEQUIPMENT AND TOOLS 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 Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION G. DEFINITIONS. SECTION A. COVERAGE We will pay for direct physical loss to Covered Property described in the Declarations caused by or resulting from any Covered Cause of Loss. 1. Covered Property We cover the following property unless the property is excluded or subject to limitations. a. Scheduled Equipment When Sched uled Equipment is indicated in the Decla rations we cover direct physical loss caused by a Covered Cause of Loss to 1 Your contractors equipment and 2 Contractors equipment of others in your care custody or control described in the Declarations. Schedule on File When Schedule on File is indicated in the Declarations we cover direct physical loss caused by a Covered Cause of Loss to 1 Your contractors equipment and 2 Contractors equipment of others in your care custody or control that are listed in a schedule which you must submit to us and we keep on file. The schedule must contain a descriptiol of each item to be covered and a limit for each item. 2. Property Not Covered a. b. MA 108 03 05 Aircraft or Watercraft We do not cover aircraft or watercraft. Automobiles and Trucks We do not cover automobiles motor trucks tractors trailers and similar conveyances de signed for highway use and used for over the road transportation of people or cargo. However this does not include 1 Self propelled vehicles designed and used primarily to carry mounted equipment or 2 Vehicles designed for highway use that are unlicensed and not regularly operated on public roads. Contraband We do not cover contra band or property in the course of illegal transportation or trade. Leased or Rented Property We do not cover property that you lease or rent to others. Loaned Property We do not cover property while loaned to others. Underground or Underwater Property We do not cover property while stored or operated underground or underwater ex cept while in transit through tunnels. Waterborne Property We do not cover property while waterborne except while in transit in the custody of a carrier for hire. Logging Property We do not cover property used in connection with logging operations. Covered Causes of Loss a. Risks of Direct Physical Loss We cover direct physical loss to con tractors equipment unless the loss is limited or caused by a peril that is ex cluded. Exclusions 1 We do not pay for loss if one or more of the following exclusions ap ply to the loss even if other causes or events contribute to or aggravate the loss regardless of whether such other causes or events act to produce the loss before at the same time as or after the excluded causes or events. a Civil Authority We do not pay for loss caused by order of any civil authority including seizure confiscation destruction or quarantine of property. We do pay for loss resulting from acts of destruction by the civil authority to prevent the Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services Page 10of 7 policy restrict coverage. efully to determine rights 10 t covered. words you and your d shown in the Declara us and our refer to the surance. that appear in quotation ing. Refer to SECTION ysical loss to Covered Declarations caused overed Cause of Loss. ing property unless the or subject to limitations. ipment When Sched s indicated in the Decla er direct physical loss ered Cause of Loss to ctors equipment and equipment of others in istody or control Declarations. le When Schedule on n the Declarations we sical loss caused by a of Loss to ctors equipment and equipment of others in istody or control a schedule which you us and we keep on file. ust contain a description be covered and a limit d rcraft We do not cover raft. d Trucks We do not s motor trucks tractors nilar conveyances de ay use and used for over bortation of people or this does not include cover others e. Loane proper f. Under We do operat ceptw g. Waterl proper transit h. Loggir proper operat Covered C a. Risks We cc tractor limited cludec b. Exclu MA 108 03 05 Page 10of 7 | 2 |
ead of fire unless the fire is 1sed by a peril excluded un this coverage. clear Hazard We do not for loss caused by or re ting from a nuclear reaction lear radiation or radioactive itamination whether con led or uncontrolled whether 1sed by natural accidental or ficial means. Loss caused nuclear hazard is not consid loss caused by fire ex sion or smoke. We do pay direct loss by fire resulting n the nuclear hazard. r and Military Action We not pay for loss caused by War including undeclared war or civil war A warlike action by a mili tary force including action taken to prevent or defend against an actual or ex pected attack by any gov ernment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution or unlawful sei zure of power including ac tion taken by governmental authority to prevent or de fend against any of these. h regard to any action that nes within the terms of this lusion and involves nuclear ction nuclear radiation or ioactive contamination this r and Military Action Exclu n will apply in place of the clear Hazard Exclusion. 1ot pay for loss or damage if more of the following exclu oply to the loss. minal Fraudulent or Dis nest Acts We do not pay for 5s caused by or resulting m criminal fraudulent dis 1est or illegal acts whether ducted alone or in collusion n another by You b c d e Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services Page 2 of 7 2 Others who have an inter est in the property 3 Others to whom you entrust the property 4 Your partners officers di rectors trustees or joint venturers or 5 The employees or agents of 1 2 3 or 4 above whether or not they are in the course and scope of their employment. This exclusion does not apply to acts of destruction by your em ployees but we do not pay for theft by employees. This exclusion does not apply to Covered Property in the custody of a carrier for hire. Loss of Use We do not pay for loss caused by or resulting from loss of use business inter ruption delay or loss of market except as provided in 5. Sup plemental Coverages d. Equipment Leased or Rented from Others. Missing Property We do not pay for missing property where the only proof of loss is unex plained or mysterious disap pearance of Covered Property or shortage of property discov ered on taking inventory or any other instance where there is no physical evidence to show what happened to the Covered Prop erty. This exclusion does not apply to Covered Property in the custody of a carrier for hire. Pollutants We do not pay for loss caused by or resulting from release discharge emis sion seepage migration dis persal or escape of pollutants unless the release discharge seepage migration dispersal emission or escape is caused by a specified cause of loss. We do pay for any resulting loss caused by a specified cause of loss. Voluntary Parting We do not pay for loss caused by or re sulting from voluntary parting spread of fire unless the fire is caused by a peril excluded un der this coverage. b Nuclear Hazard We do not pay for loss caused by or re sulting from a nuclear reaction nuclear radiation or radioactive contamination whether con trolled or uncontrolled whether caused by natural accidental or artificial means. Loss caused by nuclear hazard is not consid ered loss caused by fire ex plosion or smoke. We do pay for direct loss by fire resulting from the nuclear hazard. c War and Military Action We do not pay for loss caused by 1 War including undeclared war or civil war 2 A warlike action by a mili tary force including action taken to prevent or defend against an actual or ex pected attack by any gov ernment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution or unlawful sei zure of power including ac tion taken by governmental authority to prevent or de fend against any of these. With regard to any action that comes within the terms of this exclusion and involves nuclear reaction nuclear radiation or radioactive contamination this War and Military Action Exclu sion will apply in place of the Nuclear Hazard Exclusion. 2 We do not pay for loss or damage if one or more of the following exclu sions apply to the loss. a Criminal Fraudulent or Dis honest Acts We do not pay for loss caused by or resulting from criminal fraudulent dis honest or illegal acts whether conducted alone or in collusion with another by 1 You MA 108 03 05 Page 2 of 7 | 2 |
limit for any other Coverage Extension or Supplemental Coverage. Debris Removal We pay the cost to remove the debris of Covered Property that is caused by a Covered Cause of Loss. This coverage does not include costs to a. Extract pollutants from land or water or b. Remove restore or replace polluted land or water. We will not pay any more under this coverage than 25 of the amount we pay for the direct loss. We will not pay more for loss to property and debris removal combined than the limit for the damaged property. However we pay up to an additional 10000 for debris removal expense when the debris removal expense exceeds 25 of the amount we pay for direct loss or when the loss to property and debris removal combined ex ceeds the limit for the damaged property. We do not pay any expenses unless they are reported to us in writing within 180 days from the date of direct physical loss to Covered Property. Supplemental Coverages The following Supplemental Coverages indi cate an applicable limit. This limit may also be shown in the Declarations. If a different limit is indicated in the Declarations that limit will apply instead of the limit shown below. Unless otherwise indicated a limit for a Supplemental Coverage is separate from and not part of the applicable limit for coverage described under Covered Property. The limit available for coverage described under a Supplemental Coverage a. Is the only limit available for the de scribed coverage and b. Is not the sum of the limit indicated for a Supplemental Coverage and the limit for coverage described under Covered Property. The limit provided under a Supplemental Coverage can not be combined or added to the limit for any other Supplemental Cover age or Coverage Extension. The following Supplemental Coverages are not subject to and not considered in applying coinsurance when coinsurance conditions are a part of the coverage. with title to or possession of any property because of any fraudulent scheme trick or false pretense. f Weight of a Load We do not pay for loss caused by or re sulting from the weight of a load exceeding the registered lifting capacity of any machine. 3 We do not pay for loss or damage if one or more of the following exclu sions apply to the loss. But if loss by a Covered Cause of Loss results we will pay for the resulting loss. a Contamination or Deteriora tion We do not pay for loss caused by contamination or deterioration including corrosion decay fungus mildew mold rot rust or any quality fault or weakness in the Covered Prop erty that causes it to damage or destroy itself. b Mechanical Breakdown We do not pay for loss caused by any 1 Structural mechanical or remodeling process or 2 Structural mechanical or electrical breakdown or malfunction. c Temperature Humidity We do not pay for loss caused by humidity dampness dryness or changes in or extremes of tem perature. d Wear and Tear We do not pay for loss caused by wear and tear marring or scratching. Coverage Extension The following Coverage Extension indicates an applicable limit. This limit may also be shown in the Declarations. If a different limit is indicated in the Declarations that limit will apply instead of the limit shown below. Unless otherwise indicated the coverage pro vided below is part of and not in addition to the applicable limit for coverage described under Covered Property. The limit provided under a Coverage Exten sion can not be combined or added to the Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services MA 108 03 05 Page 3 of 7 | 2 |
A 108 03 05 Employee Owned Tools We pay for di rect physical loss caused by a Covered Cause of Loss to tools owned by your employees at a premises that you own or operate or at a jobsite. The most we pay for loss to any one employee owned tool is 250 subject to a maximum of 1000 in any one oc currence. Newly Purchased Equipment In the event that you purchase additional contractors equipment during the Policy Period we extend coverage to the addi tional purchased equipment for up to 60 days. 1 The most that we pay for any one loss under this Supplemental Cov erage is the lesser of a The value of the newly pur chased equipment. The value of contractors equipment is determined by the provisions described in SECTION B. Valuation 1. Actual Cash Value or b The limit for newly purchased equipment indicated in the Declarations. If no limit is in dicated then 30 of the Total Scheduled Equipment limit in dicated in the Declarations or 25000 whichever is greater applies to this Supplemental Coverage. 2 This Supplemental Coverage will end when any of the following first occur a This policy expires b 60 days expire after you pur chase the equipment or c You report the newly pur chased equipment to us. Pollutant Cleanup and Removal We pay your expense to extract pollutants from land or water if the discharge dis persal seepage migration release emission or escape of the pollutants is caused by a Covered Cause of Loss that occurs during the Policy Period. The ex penses are paid only if they are reported to us in writing within 180 days from the date the Covered Cause of Loss occurs. We do not pay the cost of testing evalu ating observing or recording the exis tence level or effects of pollutants. However we pay the cost of testing which is necessary for the extraction of pollutants from land or water. The most we pay for any one jobsite or location is 10000 for the sum of all such expenses arising out of a Covered Cause of Loss occurring during each separate 12 month period of this policy. Equipment Leased or Rented from Others We cover direct physical loss caused by a Covered Cause of Loss to contractors equipment that you have leased or rented from others unless such loss is excluded or limited elsewhere in this form. The most we pay for equipment leased or rented from others is 25000. We also cover the loss of use of that contractors equipment leased or rented from others provided such loss of use results from a loss otherwise covered by this Supplemental Coverage. You must be legally liable for the loss and a monetary loss must be sustained by the leasing or rental concern as a result of the loss. The most we pay for loss of use is 1000. Equipment Borrowed from Others We cover direct physical loss caused by a Covered Cause of Loss to contractors equipment that you have borrowed from others. The most we pay for equipment borrowed from others is 5000. Rental Reimbursement In the event of a loss by a Covered Cause of Loss to your contractors equipment insured under this form we reimburse you for your expense to rent similar equipment while your equipment is inoperable. The most we reimburse you for rental ex penses is 500 per day subject to a maximum of 5000 per Policy Period. We will continue to reimburse you for the rental of equipment after the expiration date of this coverage provided the loss occurred before the expiration date. We will not reimburse you 1 For the rental of equipment until after the waiting period indicated in the Declarations has passed since your contractors equipment was Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services Page 4 of 7 MA 108 03 05 Page 4 of 7 | 2 |
rendered inoperable. If no waiting period is indicated then a 24 hour waiting period applies. The waiting period begins at the time of the loss to covered contractors equipment. After the waiting period has passed we will only reimburse you for the rental expenses that you actually in cur. 2 If you can continue or resume your operations with similar equipment that is available to you at no addi tional expense to you. 3 For the rental expense of any equipment beyond the reasonable time necessary to repair replace or rebuild the inoperable equipment after the loss by a Covered Cause of Loss occurs. The deductible amount indicated in the Declarations does not apply to a loss covered under this Supplemental Cover age. g. Spare Parts and Fuel We pay for direct physical loss caused by a Covered Cause of Loss to spare parts and acces sories specifically for contractors equipment insured under this form and However we will take a deduction for depre ciation only if the amount of the covered loss is more than twenty percent of the actual cash value of the item that has suffered loss. If two or more items are involved in the same loss this condition shall apply to each item separately. Functional Replacement Cost When Func tional Replacement Cost FRC is indicated in the Declarations for Covered Property COMMERCIAL INLAND MARINE CONDI TIONS GENERAL CONDITIONS F. Valua tion is deleted in its entirety and replaced by the following The value of Covered Property will be based on the cost of replacing the Covered Property with property of like kind quality and age ex cept as provided in the COMMERCIAL IN LAND MARINE CONDITIONS LOSS CON DITIONS G. Pair Sets or Parts. Functional Replacement Cost valuation does not apply until the damaged or destroyed property is repaired or replaced. You may make a claim for actual cash value before re pair or replacement takes place and later for the Functional Replacement Cost if you notify us of your intent within 180 days after the loss. SECTION C. HOW MUCH WE PAY fluids for vehicles and contractors equipment insured under this form. Flu 1. Insurable Interest We do not cover more ids includes gasoline oil and hydraulic than your insurable interest in any property. fluid. 2. Flat Deductible Unless a percentage de The most we pay for loss to spare parts ductible is indicated in the Declarations we accessories and fluids is 5000 in any pay only that part of your loss over the de one occurrence. ductible amount indicated in the Declara h. Your Tools We cover direct physical tions in any one occurrence. loss caused by a Covered Cause of 3. Percentage Deductible When a percentage Loss to your tools. deductible is indicated in the Declarations W N we pay only that part of your loss over the The most we pay for loss to any one deductible amount. The deductible amount is tool is 250 subject to a maximum of determined by applying the percentage indi 1000 in any one occurrence. cated in the Declarations to the value of the SECTION B. VALUATION Covered Property that is involved in the loss. The value is determined by the provisions de 1. Actual Cash Value COMMERCIAL INLAND scribed in SECTION B. VALUATION. If a MARINE CONDITIONS GENERAL CONDI loss involves two or more items the per TIONS F. Valuation is deleted in its entirety centage indicated in the Declarations will and replace by the following apply only to the Covered Property with the Unless Functional Replacement Cost FRC is highest value. indicated in the Declarations for Covered The percentage deductible will not exceed the Property the value of Covered Property will Maximum Deductible amount and will not be be based on the actual cash value ACV at less than the Minimum Deductible amount in the time of the loss with a deduction for de dicated in the Declarations. preciation except as provided in the COM. 4. Loss Settlement Terms Subject to Para MERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS G. Pair Sets or Parts. graphs 1. 2. 3. and 5. under SECTION C. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services MA 108 03 05 Page 5 of 7 MA 108 03 05 Page 5 of 7 | 2 |
HOW MUCH WE PAY and COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS D. Insurance Under Two or More Coverages and F. Other Insurance we pay the lesser of a. The amount determined under SECTION B. VALUATION b. The cost to repair replace or rebuild the property with material of like kind and quality to the extent practicable or c. The limit that applies to the Covered Property. 5. Coinsurance We only pay a part of the loss if the limit is less than the percentage of the value of Covered Property that is indi cated in the Declarations. Our part of the loss is determined using the following steps a. Multiply the percent indicated in the Declarations by the value of the Cov ered Property at the time of loss. If no percentage is indicated in the Declara tions the applicable coinsurance per centage will be 80 b. Divide the limit for Covered Property by the result determined in 5.a. above c. Multiply the total amount of loss after the application of any deductible by the result determined in 5.b. above. The most we pay is the amount determined in 5.c. above or the limit whichever is less. We do not pay any remaining part of the loss. If there is more than one limit indicated in the Declarations for this Coverage Form this procedure applies separately to each limit. If there is only one limit indicated in the Declarations for this Coverage Form this procedure applies to the total of all Covered Property to which the limit applies. The coinsurance provisions described above do not apply to the coverages provided under Coverage Extension and the Supplemental Coverages. SECTION D. LOSS PAYMENT Our Options In the event of loss covered by this Coverage Form we have the following op tions 1. Pay the value of the lost or damaged prop erty 2. Pay the cost of repairing or replacing the lost or damaged property 3. Rebuild repair or replace the property with other property of equivalent kind and quality to the extent practicable within a reasonable time or 4. Take all or any part of the property at the agreed or appraised value. We must give you notice of our intent to rebuild repair or replace within 30 days after receipt of a duly executed proof of loss. SECTION E. REPORTING CONDITIONS If indicated in the Declarations the following re porting conditions apply. Equipment Leased or Rented from Others Within 30 days after the anniversary of this policy the end of the policy period or cancellation you must report to us the total amount of your expen ditures for contractors equipment that you lease or rent from others. We will compute the premium using the rate indi cated in the Declarations for Equipment Leased or Rented from Others multiplied per 100 by the expenditures that you report to us. We will compare the total computed premium to the deposit premium indicated in the Declara tions for Equipment Leased or Rented from Oth ers. Ifitis more than the deposit premium you will pay us the difference. If it is less than the deposit premium we will pay you the difference subject to the minimum premium indicated in the Declara tions for Equipment Leased or Rented from Oth ers. If this policy is canceled you must report the total amount of expenditures up to and including the date of cancellation. SECTION F. OTHER CONDITIONS 1. Conformity with Statute When a condition of this coverage is in conflict with an applica ble law that condition is amended in order to conform to that law. 2. Estates This provision applies only if the insured is an individual. On your death we cover the following as an insured a. The person who has custody of your property until a legal representative is qualified and appointed or b. Your legal representative. This person or organization is an insured only with respect to property covered by this cov erage. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. MA 108 03 05 Copyright MCMXCV American Association of Insurance Services Page 6 of 7 MA 108 03 05 Page 6 of 7 | 2 |
This coverage does not extend past the Policy Period indicated in the Declarations. Territorial Limits We cover property while it is in the United States of America its territo ries and possessions Canada and Puerto Rico. SECTION G. DEFINITIONS 1. Contractors equipment means machinery equipment and tools of a mobile nature that you use in your business operations or proj ects. Contractors equipment can also mean a. Self propelled vehicles designed and used primarily to carry mounted equip ment or b. Vehicles designed for highway use that are unlicensed and not operated on pub lic roads. Declarations means a. All pages labeled Declarations or sched ules which pertain to this coverage and b. Supplemental Declarations which pertain to this coverage. Jobsite means any location project or work site where you are in the process of construc tion installation erection repair or moving. Limit means the amount of coverage that applies. Loss means accidental loss or damage. 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 re conditioned or reclaimed. Pollutants in clude but are not limited to substances which are generally recognized in industry or gov ernment 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 10. 1. 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. Purchase means acquisition through pur chase or acquisition through leasing or rental with a written option to purchase. Sinkhole collapse means the sudden set tlement or collapse of earth supporting the Covered Property into subterranean voids created by the action of water on a limestone or similar rock formation. It does not include the value of the land or the cost of filling sink holes. Specified causes of loss means aircraft civil commotion explosion falling objects fir hail leakage from fire extinguishing equi ment lightning riot sinkhole collapse smoke sonic boom vandalism vehicles volcanic action water damage weight of ice snow or sleet and windstorm. Falling objects does not include loss to per sonal property in the open or to the interior of buildings or structures or to personal property inside buildings or structures unless the exte rior of the roof or walls are first damaged by a falling object. Water damage means the sudden or acci dental discharge or leakage of water or steam as a direct result of breaking or cracking of a part of the system or appliance containing the water or steam. Tools means equipment and tools of a mo bile nature that are used in your contracting installation erection repair or moving opera tions or projects. Volcanic action means airborne volcanic blast or airborne shock waves ash dust or particulate matter or lava flow. It does not in clude the cost to remove ash dust or par ticulate matter that does not cause direct physical loss to the Covered Property. Includes copyrighted material of ISO Properties Inc. with its permission. Includes copyrighted material with permission of American Association of Insurance Services. Copyright MCMXCV American Association of Insurance Services MA 108 03 05 Page 7 of 7 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL INLAND MARINE CONDITIONS The following conditions aJIy in addition to the Common Policy Conditions and applicable Additional Condi tions in Commercial Inland Marine Coverage Forms LOSS CONDITIONS A. Abandonment There can be no abandonment of any prop erty to us. Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdic tion. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differ ences to the umpire. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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 You must see that the following are done in the event of loss to Covered Property 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the loss. In clude a description of the property in volved. 3. As soon as possible give us a descrip tion of how when and where the 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 Prop erty for consideration in the settlement of the claim. This will not increase the Limit of Insurance. 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 examination. 5. Make no statement that will assume any obligation or admit any liability for any loss for which we may be liable without our consent. 6. Permit us to inspect the property and re cords proving loss. nent of any prop the value of the loss either may n appraisal of the party will select a praiser. The two pire. If they can est that selection urt having jurisdic ate separately the nount of loss. If submit their differ sion agreed to by h party will r and s of the appraisal will still retain our wing are done in d Property v may have been of the loss. In the property in jive us a descrip where the loss ps to protect the 1 further damage f your expenses e Covered Prop 1 the settlement of increase the Limit r we will not pay s resulting from a not a Covered f feasible set the e and in the best ination. t will assume any y liability for any be liable without property and re 7. If requested permit us to question you under oath at such times as may be rea sonably required about any matter relat ing to this insurance or your claim in cluding your books and records. In such event your answers must be signed. 8. Send us a signed sworn statement of loss containing the information we re uest to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Promptly send us any legal papers or no tices received concerning the loss. 10. Cooperate with us in the investigation or settlement of the claim. Insurance Under Two or More Coverages If two or more of this policy s coverages apply to the same loss we will not pay more than the actual amount of the loss. Loss Payment We will pay or make good any loss covered under this Coverage Part within 30 days after 1. Wereach agreement with you 2. The entry of final judgment or 3. The filing of an appraisal award. We will not be liable for any part of a loss that has been paid or made good by others. Other Insurance If you have other insurance covering the same loss as the insurance under this Cov erage Part we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insurance or not. Pair Sets or Parts 1. Pair or Set In case of loss to any part of a pair or set we may a. Repair or replace any part to restore the pair or set to its value before the loss or b. Pay the difference between the value of the pair or set before and after the loss. 2. Parts In case of loss to any part of Covered Property consisting of several parts when complete we will only pay for the value of the lost or damaged part. Includes ctgrighted material of Insurance 1 Services ce Inc. with its permission. Page 10f 2 MA 135 1199 | 2 |
H. Privilege to Adjust with Owner In the event of loss involving property of others in your care custody or control we have the right to 1. Settle the loss with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. 2. Provide a defense for legal proceedings brought against you. If provided the ex pense of this defense will be at our cost and will not reduce the applicable Limit of Insurance under this insurance.. Recoveries Any recovery or salvage on a loss will ac crue entirely to our benefit until the sum paid by us has been made up. J. Reinstatement of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim except for total loss of a scheduled item in which event we will refund the unearned premium on that item. K. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another those rights are transferred to us to the extent of ourJ ayment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to im pair them. GENERAL CONDITIONS A. Concealment Misrepresentation or Fraud This Coverage Part is void in any case of fraud intentional concealment or misrepre sentation of a material fact by you or any other insured at any time concerning 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. Aclaim under this Coverage Part. Legal Action Against Us No one may bring alegal action against us under this Coverage Part unless 1. There has been full compliance with all the terms of this Coverage Part and 2. The action is brought within 2 years after you first have knowledge of the loss. Liberalization If within 45 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. No Benefit to Bailee No person or organization other than you having custody of Covered Property will benefit from this insurance. Policy Period We cover loss commencing during the pol icy period shown in the Declarations. Valuation The value of property will be the least of the following amounts 1. The actual cash value of that property 2. The cost of reasonably restorin that property to its condition immediately be fore loss or 3. The cost of replacing that property with substantially identical property. In the event of loss the value of property will be determined as of the time of loss. Includes ctgrighted material of Insurance Services Office Inc. with its permission. MA 135 1199 Page 2 of 2 | 2 |
CONTRACTORS EQUIPMENT AND TOOLS COVERAGE PART RATE AND DEDUCTIBLE SCHEDULE Covered Property Flat Percentage Maximum Deductible Deductible Deductible PER SCHEDULE ON FILE 500 ACV EQUIPMENT LEASED OR 500 RENTED FROM OTHERS ACV Minimum Deductible PER SCHEDULE ON FILE ACV EQUIPMENT LEASED OR RENTED FROM OTHERS ACV Page 1of 1 MA 4016 06 07 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSS PAYABLE PROVISIONS This endorsement modifies insurance provided under the following INLAND MARINE COVERAGE PARTS SCHEDULE Provisions Applicable Loss Payable The following is added to the LOSS PAYMENT Loss Condition as indicated in the Declarations or by an X in the Schedule. A. 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. Adjust losses with you and 2. Pay any claim for loss or damage jointly to you and the Loss Payee as interests may appear. Copyright Insurance Services Office Inc. 1987 MA 4110288 | 2 |
THE CINCINNATI INSURANCE COMPANY A Stock Insurance Company ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM DECLARATIONS NOTICE IS NOT DECLARATIONS HAS BEEN COMPLETED. INSURANCE COVERAGE UNDER ANY PARTICULAR COVERAGE INCLUDED WITHIN THIS FORM IN FORCE UNLESS THE CORRESPONDING SECTION OF THESE Attached to and forming a part of POLICY NUMBER EPP 014 93 81 Named Insured is the same as it appears in the Common Policy Declarafions COVERAGE PROVISIONS Only those items marked by anlx where so indicated are applicable Limits of Insurance Coverage A Electronic Data Processing Property.. Coverage A Coverage Extensions Limit of Insurance Blanket.8 x See Scheduled Premises Endorsement Limit of Insurance Unless Otherwise Stated a. Debris Removal.... 50000 b. Duplicate and Backup Electrol Records.... 10000 c. Off Premise Insurance subject to a maximum of d. Pollutant Clean Up and Removal... 10000 e. Recharge or Refill of a Fire Protection Device....50000 f. Third Party Host.10000 Limit of Insurance Blanket Coverage B Business Income and Extra Expense..... X See Scheduled Premises Endorsement x Coverage C Additional Coverages Limit of Insurance Unless Otherwise Stated 1. Denial of Service.....10000 2. Loss Establishment Exp. 5000 3. Malicious Code....10000 4. Unauthorized Use. 10000 Note The maximum aggregate Limit of Insurance for any Additional Coverage in any one coverage term is three times the Limit of Insurance stated here. Deductibles Deductible Coverage A Basic 500 Specified Losse. 1000 Coverage B Hours 24 FORMS AND OR ENDORSEMENTS APPLICABLE TO ELECTRONIC DATA PROCESSING COVERAGE FORM MA123 0807 ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM EDP TABLE OF CONTENTS MA4050 0410 OFFICE OF FOREIGN ASSETS CONTROL OFAC COMPLIANCE ENDORSEMENT MA135 1199 COMMERCIAL INLAND MARINE CONDITIONS MA4015 0607 SCHEDULED PREMISES ENDORSEMENT LOSS PAYEE if any MA 573 06 07 Page 1of 2 EPP 014 93 81 | 2 |
SPECIAL PROVISIONS if any MA 573 06 07 Page 2 of 2 EPP 014 93 81 | 2 |
ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM EDP TABLE OF CONTENTS Coverage Part Provision Begins on Page Preamble... o Section Coverages.... Coverage A Electronic Data Processing Property... Insuring Agreement... Covered Property. Property Not Covered.. Covered Causes of Loss Coverage Extension a. Debris Removal b. Duplicate and Backup Electronic Media and Records c. Off Premises d. Pollutant Clean Up and Removal. e. Preservation of Property.. f. Recharge or Refill of a Fire Protection Device g. Third Party Host... h. Newly Acquired Property OPON Coverage B Business Income and Extra Expense... Insuring Agreement Covered Property. Property Not Covered.. Covered Causes of Loss Additional Coverage Extended Business Income. aRLN Coverage C Additional Coverages.. 1. Denial of Service.. 2. Loss Establishment Expenses 3. Malicious Code.. 4. Unauthorized Use Section Il Exclusions... Section Il Limits of Insurance and Deductibles 1. Limits of Insurance 2. Deductibles.. Section IV Additional Conditions. 1. Coverage A Electronic Data Processing Property Conditions Valuation 2. Coverage B Business Income and Extra Expense Conditions a. Appraisal.... b. Loss Determinatios c. Resumption of Operations 3. Common Conditions a. Duties in the Event of Los b. Blanket Insurance c. Joint Insured... d. Legal Action Against Us. COOO PWEPP P O VOO G CAOAOUOO O TOORARROVYREWW O W Includes copyrighted material of ISO Properties Inc. and MA 123 08 07 American Association of Insurance Services with their permission. Page 1of 15 MA 123 08 07 Page 1of 15 | 2 |
ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE FORM EDP TABLE OF CONTENTS Section V Definitions.. OCINOOR LN 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Period of restoration 21. Pollutants 22. Premises.. 23. Production equipment 24. 25. 26. 27. 28. 29. Telecommunications equipment 30. Temporarily 31. Unauthorized use 32. Valuable papers an Loss Payee Multi Year Policies Non Accumulation of Limits of Insuranc Other Insurance Protective Safeguards Recoveries... Transfer of Your Rights of Recovery Against Others to Us 1 1 12 Actual cash value Business income Computer system Coverage term.. Coverage territon Denial of service Electronic media and records Electronic securities Evidences of debt Extra expense Hardware Loss... Loss establishment expenses Malicious code.. Mechanical breakdown Operations. Other property Securities... Service agreement. Specified causes of loss. Sudden and accidental Suspension Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. MA 123 08 07 Page 2 of 15 | 2 |
ELECTRONIC DATA PROCESSING EQUIPMENT 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. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. Section Coverages Coverage A Electronic Data Processing Prop erty 1. Insuring Agreement We will pay for loss to Covered Property re sulting from a Covered Cause of Loss. 2. Covered Property Covered Property as used in Coverage A of this Coverage Part means the following type of property a. Your hardware b. Climate control equipment and other electrical equipment used exclusively with your hardware c. Your electronic media and records d. Your telecommunications equipment e. Your programming documentation and instruction manuals and f. Similar property of others in your care custody or control While located a. On your premises or within one thou sand 1000 feet thereof except as may be provided in the Section Cover ages Coverage A Electronic Data Processing Property 5. Coverage Ex tensions and b. Inthe coverage territory except as may be provided in the Section Cover ages Coverage A Electronic Data Processing Property 5. Coverage Ex tensions. 3. Property Not Covered Covered Property does not include a. Electronic media and r not be replaced with s like kind and quality. b. Property that you have to another person or or not at your premises. c. Contraband or property illegal transit or trade. d. Production equipment e. Copyrights patents t secrets or other intellect f. Personally identifiable ir sons or entities other employees. g. Property held as sample h. Records of accounts rec i. Any machine or appar for research medical cal dental or pathologic nic securities money and sec k. Valuable papers and re Covered Causes of Loss Covered Causes of Loss Coverage A means risks Covered Property except loss listed in Section Il E Coverage Extensions Unless stated otherwise th ance referenced in the fol Extensions are in addition to within Section Il Limits Deductibles 1. Limits of In erage A. a. Debris Removal 1 We will pay your e the debris of C caused by or resu ered Cause of Lo ing the policy peric will be paid only if to us in writing wit eighty 180 days rect loss. Includes copyrighted material of ISO Properties Inc. and MA 123 08 07 American Association of Insurance Services with their permission. a. Electronic media and records that can not be replaced with similar property of like kind and quality. b. Property that you have rented or leased to another person or organization and is not at your premises. c. Contraband or property in the course of illegal transit or trade. Production equipment. e. Copyrights patents trademarks trade secrets or other intellectual property. f. Personally identifiable information of per sons or entities other than you or your employees. g. Property held as samples or for sale. h. Records of accounts receivable. i. Any machine or apparatus that is used for research medical diagnostic surgi cal dental or pathological purposes. j. Electronic securities evidences of debt money and securities. k. Valuable papers and records. Covered Causes of Loss Covered Causes of Loss with respect to Coverage A means risks of direct loss to Covered Property except those causes of loss listed in Section Il Exclusions. Coverage Extensions Unless stated otherwise the Limits of Insur ance referenced in the following Coverage Extensions are in addition to and not included within Section Il Limits of Insurance and Deductibles 1. Limits of Insurance for Cov erage A. a. Debris Removal 1 We will pay your expense to remove the debris of Covered Property caused by or resulting from a Cov ered Cause of Loss that occurs dur ing the policy period. The expenses will be paid only if they are reported to us in writing within one hundred eighty 180 days of the date of di rect loss. Page 3 of 15 | 2 |
A 123 08 07 2 The most we will pay under this Coverage Extension is twenty five 25 percent of a The amount we pay for the di rect loss to Covered Property plus b The deductible in this Coverage Part applicable to that loss. This Coverage Extension is included within the Limit of Insurance shown in the Declarations for Coverage A. However if a The sum of direct loss and de bris removal expense exceeds the Limit of Insurance for Cover age A or b The debris removal expense exceeds the amount payable under the twenty five 25 per cent limitation in this Cover age Extension we will pay up to the additional Limit of Insurance for Debris Removal stated in the Declarations for each premises in any one occurrence. 3 This Coverage Extension does not apply to costs to a Extract pollutants from land or water or b Remove restore or replace polluted land or water. Duplicate and Backup Electronic Media and Records We will pay up to the Limit of Insurance for Duplicate and Backup Electronic Me dia and Records stated in the Declara tions in any one occurrence for loss to electronic media and records due to a Covered Cause of Loss while such prop erty is stored away from your premises other than temporarily. This Coverage Extension does not apply to loss insured under the Third Party Host Coverage Extension. Off Premises We will pay up to the Limit of Insurance for Off Premises stated in the Declara tions in any one occurrence for loss to Covered Property due to a Covered Cause of Loss while such property is away from your premises 1 Temporarily in transit 2 Temporarily in storage or 3 In the custody of your employee for the purpose of conducting your busi ness. This is not an additional Limit of Insur ance. It is included within the Coverage A Limit of Insurance. This Coverage Extension applies to Cov ered Property whether or not it is located within the coverage territory. If the Limit of Insurance stated in the Declarations is other than the 50000 maximum stated then the Limit of Insur ance that applies to all loss in any one occurrence is the greater of the limit stated or the twenty percent 20 of the Coverage A Limit of Insurance limitation. Pollutant Clean Up and Removal 1 We will pay your expenses to extract pollutants from land or water at the premises if the discharge disper sal seepage migration release es cape or emission of the pollutants a Is from Covered Property b Is caused by a Covered Cause of Loss and c Occurs during the policy period. The expenses will be paid only if they are reported to us in writing within one hundred eighty 180 days of the date on which the Covered Cause of Loss occurs. 2 This Coverage Extension does not apply to costs to test for monitor or assess the existence concentration or effects of pollutants. But we will pay for testing which is performed in the course of extracting the pollut ants from the land or water. 8 The most we will pay under this Coverage Extension for each premises for the sum of all covered expenses arising out of Covered Causes of Loss during each cover age term is the Limit of Insurance stated in the Declarations for Pollut ant Clean Up and Removal. Preservation of Property If it is necessary to move Covered Prop erty from the premises to preserve it from loss by a Covered Cause of Loss we will pay for any direct loss to that property Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. Page 4 of 15 MA 123 08 07 Page 4 of 15 | 2 |
A 123 08 07 1 While it is being moved or while temporarily stored at a location other than a premises and 2 Only if the loss occurs within thirty 30 days after the property is first moved. This Coverage Extension is included within the Limit of Insurance shown in the Declarations for Coverage A. Recharge or Refill of a Fire Protection Device We will pay for your expense to recharge or refill any fire protective devices that are designed specifically to protect Covered Property when these devices have been discharged in a loss insured by Cover age A of this Coverage Part or have been accidentally discharged. The most we will pay in any one loss or sudden and ac cidental discharge is the Limit of Insur ance for Recharge or Refill of a Fire Pro tection Device stated in the Declarations. Third Party Host We will pay up to the Limit of Insurance for Third Party Host stated in the Declara tions in any one occurrence for loss to Your electronic media and records away from your premises due to a Cov ered Cause of Loss but only while such electronic media and records are hosted in the hardware of a third party information technology provider with whom you have directly contracted for such service. This is not an additional Limit of Insur ance. It is included within the Coverage A Limit of Insurance. This Coverage Extension 1 Applies to electronic media and rec ords whether or not they are located within the coverage territory and 2 Does not apply to loss insured un der the Duplicate and Backup Elec tronic Media and Records Coverage Extension. Newly Acquired Property We will provide coverage as follows 1 On newly acquired Covered Property up to the total limit shown on the Declarations Page for Total Covered Property whether located at a current location or newly acquired location but in no event st than 250000 unc Extension for any o You will report suc property or Cove ready insured by tt moved to a newly to us within 90 da the Covered Prope moved as the case any additional pret do not report s movement of prope cease automatical days has elapsed. event shall covers beyond the expirati Coverage B Business Incom pense 1. Insuring Agreement We will pay your actual los come as well as extra exp from the necessary suspen erations during the period to loss to Covered Propert Covered Cause of Loss. Covered Property Covered Property as used this Coverage Part is the s cable to Coverage A. Property Not Covered Covered Property does not Not Covered under Coverag Covered Causes of Loss Covered Causes of Loss Coverage B means risks Covered Property except loss listed in Section Il E Additional Coverage This Additional Coverage additional Limits of Insuranc Extended Business Income If the necessary suspensiol tions produces a busine payable under this Coverage for the actual loss of busir incur during the period that a. Begins on the date Co actually repaired rebuil operations are resume b. Ends on the earlier of Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. but in no event shall we pay more than 250000 under this Coverage Extension for any one loss. You will report such newly acquired property or Covered Property al ready insured by this policy which is moved to a newly acquired location to us within 90 days from the date the Covered Property is acquired or moved as the case may be and pay any additional premium due. If you do not report such property or movement of property coverage will cease automatically after the 90 days has elapsed. However in no event shall coverage be extended beyond the expiration of this policy. Coverage B Business Income and Extra Ex pense 1. Insuring Agreement We will pay your actual loss of business in come as well as extra expense that results from the necessary suspension of your op erations during the period of restoration due to loss to Covered Property resulting from a Covered Cause of Loss. Covered Property Covered Property as used in Coverage B of this Coverage Part is the same as that appli cable to Coverage A. Property Not Covered Covered Property does not include Property Not Covered under Coverage A. Covered Causes of Loss Covered Causes of Loss with respect to Coverage B means risks of direct loss to Covered Property except those causes of loss listed in Section Il Exclusions. Additional Coverage This Additional Coverage does not provide additional Limits of Insurance. Extended Business Income If the necessary suspension of your opera tions produces a business income loss payable under this Coverage Part we will pay for the actual loss of business income you incur during the period that a. Begins on the date Covered Property is actually repaired rebuilt or replaced and operations are resumed and b. Ends on the earlier of MA 123 08 07 Page 5 of 15 | 2 |
1 The date you could restore your op erations with reasonable speed to the level which would generate the business income that would have existed if no direct loss to Covered Property due to a Covered Cause of Loss had occurred or 2 Sixty 60 consecutive days after the date determined in 5.a. above. However Extended Business Income does not apply to loss of business income in curred as a result of unfavorable business conditions caused by the impact of the Cov ered Cause of Loss in the area where your premises are located. Coverage C Additional Coverages The Limits of Insurance provided in the following Additional Coverages are included within and are not in addition to the Limits of Insurance applicable to Coverages A or B unless stated otherwise therein. 1. Denial of Service We will pay up to the Limit of Insurance stated in the Declarations for Denial of Service for loss of business income or extra expense under Coverage B caused by a denial of service. Loss Establishment Expenses Subsequent to the detection of a potential loss insured under Coverage A or B we will pay up to the Limit of Insurance stated in the Declarations for loss establishment ex penses incurred within ninety 90 days of the detection of the loss or potential loss. This Limit of Insurance is in addition to the Limits of Insurance for Coverages A and B. Malicious Code We will pay up to the Limit of Insurance stated in the Declarations for Malicious Code for all loss loss of business income or extra ex pense under Coverages A and B arising from the introduction of a malicious code to your electronic media and records or hard ware by any person or organization other than 1 You 2 Your partners 3 Your directors 4 Your officers 5 Your trustees 6 Your members if you are a limited liability company or 7 A person or organization other than your employees to whom you have entrusted Covered Property. 4. Unauthorized Use We will pay up to the Limit of Insurance stated in the Declarations for Unauthorized Use for all loss loss of business income or extra expense under Coverages A and B arising from unauthorized use by any person or or ganization other than 1 You 2 Your partners 3 Your directors 4 Your officers 5 Your trustees 6 Your members if you are a limited liability company or 7 A person or organization other than your employees to whom you have entrusted Covered Property. Section Il Exclusions Coverage A Electronic Data Processing Prop erty and Coverage B Business Income and Extra Expense Exclusions The following exclusions apply to Coverages A and B unless stated otherwise herein 1. We will not pay for a loss loss of business income or extra expense caused directly or indirectly by any of the following. Such loss loss of business income or extra expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss loss of business in come or extra expense a. Governmental Action Seizure or destruction of property by or der of governmental authority. But we will pay for acts of destruction or dered by governmental authority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part. b. Nuclear Hazard 1 Any weapon employing atomic fis sion or fusion or Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. MA 123 08 07 Page 6 of 15 | 2 |
2 Nuclear reaction or radiation or ra dioactive contamination from any other cause. Satellite Communications The disruption or failure of any satellite communication system or any part thereof. War and Military Action 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. Utility Interruption The intentional suspension of any utility service by you or the utility provider. Tidal Wave or Tsunami Tidal wave or tsunami even if attributable to an earthquake or volcanic eruption. We will not pay for loss loss of business income or extra expense caused by or re sulting from any of the following a. b. Delay or loss of market except as may be provided under Coverage B. Dishonest or criminal acts by you any of your partners directors trustees officers members or managers if you are a lim ited liability company or anyone en trusted with the property except employ ees whether or not acting alone or in collusion with others or whether or not occurring during the hours of employ ment. But this exclusion does not apply to a carrier for hire. Discharge dispersal seepage migration release escape or emission of pollut ants unless the discharge dispersal seepage migration release escape or emission is itself caused by any of the specified causes of loss. But if the dis charge dispersal seepage migration release escape or emission of pollut ants results in a specified cause of loss we will pay for the loss caused by that specified cause of loss. Interruption disruption or slow down in normal network service or function due to activity on the network or network server. This exclusion does not apply to denial of service. Voluntary parting with any property by you or anyone entrusted with the property if induced to do so by any fraudulent scheme trick device or false pretense. Unauthorized instructions to transfer property to any person or to any place. Bookkeeping accounting or billing errors or omissions. Any processing or work upon Covered Property. But if loss by fire results we will pay for that resulting loss loss of business income or extra expense. Denial of service malicious code or unauthorized use. However this exclusion shall not apply to the extent that insurance coverage is provided under Section Coverages Coverage C Additional Coverages. We will not pay for a loss loss of business income or extra expense caused by or re sulting from any of the following. But if loss loss of business income or extra expense caused by a Covered Cause of Loss results we will pay for that resulting loss loss of business income or extra expense a. Acts or decisions including the failure to act or decide of any person group or ganization or governmental body. Wear and tear hidden or latent defect gradual deterioration or depreciation. The failure of hardware or electronic media and records to function as de signed or anticipated to function by you or any other person or organization pro viding designing or recommending said hardware or electronic media and rec ords to you. However this exclusion will not apply if the failure of hardware or electronic media and records to function is caused by 1 A Covered Cause of Loss emanating from a source external to the hard ware or electronic media and rec ords or 2 The sudden and accidental me chanical breakdown of hardware. Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. MA 123 08 07 Page 7 of 15 | 2 |
4. Insurance provided by Coverages A and B does not apply to a. Payment of costs fees or other ex penses you incur in establishing either the existence or the amount of loss loss of business income or extra ex pense except as provided for under Section Coverages Coverage C Additional Coverages 2. Loss Estab lishment Expenses. Loss loss of business income or ex tra expense or any part thereof the proof of which as to its existence or amount is dependent solely upon 1 An inventory computation 2 A profit and loss computation or 3 An audit of records. 5. Insurance provided by Coverage A does not apply to loss of business income or extra expense. Section Il Limits of Insurance and Deductibles 1. Limits of Insurance a. MA 123 08 07 The most we will pay for any one occur rence is the applicable Limits of Insur ance for Coverages A and B and Cover age C Additional Coverages 2. Loss Establishment Expenses stated in the Declarations or any endorsement amen datory thereof. With respect to Section Coverages Coverage C Additional Coverages 1 Under Coverage C Additional Coverages 2. Loss Establishment Expenses we will not pay more than the lesser of a The Limit of Insurance stated in the Declarations for Loss Estab lishment Expenses or b The actual cost of the loss in sured under Coverages A or B in Loss establishment ex penses. 2 In the event that a single occur rence involves one or more of the following a Denial of service b Malicious code or c Unauthorized use the most we will pay in total is the single highest Limit of Insurance ap plicable to the Additional Coverages applicable to the loss. 8 The most we will pay for all loss in any coverage term for each Addi tional Coverage is three times the Limit of Insurance stated for each in the Declarations. 2. Deductibles a. Coverage A We will not pay for loss in any one oc currence until the amount of the adjusted loss before applying the applicable Lim its of Insurance exceeds the Deductible shown in the Deductible section of the Declarations for Coverage A. We will then pay the amount of the adjusted loss in excess of the Deductible up to the appli cable Limit of Insurance. 1 The Basic Deductible shown on the Declarations applies to loss from all Covered Causes of Loss except those referenced in 2 below. 2 The Specified Losses Deductible shown on the Declarations applies to loss caused by sudden and acci dental mechanical breakdown or artificially generated electrical distur bance. Coverage B We will not pay your actual loss of busi ness income or extra expense arising from any one loss until and unless the necessary suspension of your opera tions has exceeded the Deductible in hours stated in the Declarations for Cov erage B. We will then pay the amount of your actual loss of business income or extra expense in excess of the Deducti ble up to the Limit of Insurance. Coverage C We will not pay for loss loss of busi ness income extra expenses or loss establishment expenses under Section Coverages Coverage C Additional Coverages unless and until an insured loss loss of business income or extra expenses under Coverage A or B ex ceeds their deductible. Section IV Additional Conditions The following Conditions apply in addition to the Commercial Inland Marine Conditions and the Common Policy Conditions 1. Coverage A Electronic Data Processing Property Conditions Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. Page 8 of 15 MA 123 08 07 Page 8 of 15 | 2 |
The following Condition applies to Coverage Aonly Valuation In the COMMERCIAL INLAND MARINE CONDITIONS GENERAL CONDITIONS F. Valuation is replaced by the following with re spect to Covered Property under Coverage A a. Valuation of Covered Property under Coverage A other than that described in Paragraph b. below If you repair or replace this property with due diligence following loss the prop erty will be valued at the full cost of repair or replacement. However the most we will pay is the least of the following 1 The cost of replacing that property with property of similar or greater quality and function provided the cost is no greater than the original purchase price of the property plus twenty 20 percent 2 The amount you actually and neces sarily spend to repair or replace the property or 3 The Limit of Insurance applicable to the property. If you do not repair or replace this prop erty with due diligence following loss the most we will pay will be the least of the following a The actual cash value of the property b The actual cash value of re pairs with material of like kind and quality or c The Limit of Insurance applica ble to the property. We reserve the right to repair or replace the property or to pay for the property in In the event of loss the value of prop erty will be determined as of the date of loss. b. Valuation of electronic media and rec ords 1 We will not pay for more than the actual reproduction costs of covered electronic media and records. 2 But we will not pay the cost to dupli cate research or operations that were developed away from your premises that led to the develop ment of your electronic media and records or that led to the develop ment of any proprietary or confiden tial information or intellectual prop erty. 3 If you do not replace or reproduce the electronic media and records the most we will pay is the cost of blank electronic media and rec ords. The most we will pay is the Limit of Insur ance shown on the Declarations. Coverage B Business Income and Extra Expense Conditions The following Conditions apply to Coverage B only a. Appraisal In the COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS B. Appraisal is replaced by the following If you and we disagree on the amount of Net Income and operating expense or the amount of loss either may make a written demand for an appraisal of the loss. In this event each party will select a com petent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that a judge of a court having jurisdiction make selection. The appraisers will state separately 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 will 1 Pay its chosen appraiser and 2 Bear the other expenses of the ap praisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. Loss Determination 1 The amount of business income loss will be determined based on a The Net Income of the business before the Covered Cause of Loss occurred b The likely Net Income of the business if no Covered Cause of Loss had occurred but not in cluding any Net Income that likely would have resulted from an increase in the volume of Includes copyrighted material of ISO Properties Inc. and A 123 08 07 American Association of Insurance Services with their permission. Page 9 of 15 MA 123 08 07 Page 9 of 15 | 2 |
2 or stock at the premises or elsewhere. b Extra expense loss to the ex tent you can return operations to normal and discontinue such extra expense. 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 should have taken with due diligence to re sume operations as quickly as pos sible. Common Conditions The following Conditions apply to all Cover ages provided under this Coverage Part a. Duties in the Event of Loss In the COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS C. Duties in the Event of Loss is replaced by the following 1 In the event of a Lossto Covered Property or b Loss of or loss from damage to Covered Property or a situation that may result in loss of or loss from damage to Covered Prop erty You must see that the following are done 1 Notify the police if a law may have been broken. 2 Notify us as soon as possible. Include a description of any property involved. 3 As soon as possible give us a description of how when and where the loss occurred. 4 Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses nec essary to protect the Covered Property. This will not increase the Limit of Insurance. However we will not pay for any subse quent loss resulting from a cause of loss that is not a Cov ered Cause of Loss. Also if fea sible set the damaged property aside in the best possible order for examination. c d business due to favorable busi ness conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses The operating expenses in cluding payroll expenses nec essary to resume operations with the same quality of service that existed just before the Cov ered Cause of Loss and Other relevant sources of infor mation including 1 Your financial records and accounting 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 b All necessary and reasonable expenses that exceed the nor mal operating expenses that would have been incurred by operations during the period of restoration if no Covered Cause of Loss 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 resto ration 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 insur ance and All necessary and reasonable expenses that reduce the busi ness income loss that other wise would have been incurred. c. Resumption of Operations 1 We will reduce the amount of your a A 123 08 07 Business income loss other than extra expense to the ex tent you can resume your op erations in whole or in part by using damaged or undamaged property including merchandise or stock at t elsewhere. b Extra expens tent you can ri to normal and extra expense 2 If you do not resun do not resume quickly as possib based on the lengt have taken with du sume operations a sible. Common Conditions The following Conditions a ages provided under this Co a. Duties in the Event of In the COMMERCIAL CONDITIONS LOSS Duties in the Event of by the following 1 Inthe event of a Lossto Cove b Loss of or los Covered Prope that may result from damage erty You must see that done 1 Notify the poli have been brol 2 Notify us as s Include a de property involv 3 As soon as pc description of where the loss 4 Take all reas protect the C from further d a record of yo essary to pro Property. This the Limit of Ins we will not pa quent loss r cause of loss ered Cause of sible set the c aside in the be for examinatior Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. MA 123 08 07 Page 10 of 15 | 2 |
5 6 7 8 9 10 As often as may be reasonably required permit us to a Inspect the property proving the loss b Examine your books rec ords electronic media and records and hardware c Take samples of damaged and undamaged property for inspection testing and analysis and d Make copies from your books records electronic media and records and hardware. Send us 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 investi gation or settlement of the claim. If you intend to continue your business you must resume all or part of your operations as quickly as possible. Make no statement that will as sume any obligation or admit any liability for any loss for which we may be liable without our prior written consent. Promptly send us any legal pa pers or notices received con cerning the loss. 2 We may examine any insured under oath while not in the presence of any other insured and at such times as may be reasonably required about any matter relating to this in surance or the claim including an in sured s books and records. In the event of an examination an in sured s answers must be signed. b. Blanket Insurance If blanket insurance is indicated X in the Declarations the Limit of Insurance for that Coverage applies to all prem ises within the coverage territory. c. Joint Insured 1 If more than one Insured is named in the Declarations the first Named In A 123 08 07 sured will act for it other Insured for al insurance. If the fir ceases to be co policy then the ne will become the firsf 2 If any Insured or member or manag limited liability com sured has knowle mation relevant tc that knowledge is edge of every Insur 3 An employee of ar sidered to be an e Insured. 4 If this insurance or ages is cancelled o any Insured loss Insured is covered no later than one y of that cancellation 5 We will not pay m tained by more tl than the amount w the loss had been Insured. Legal Action Against L In the COMMERCIAL CONDITIONS GENER B. Legal Action Again by the following No one may bring legal under this Coverage Pal 1 There has been ful all the terms of this 2 Atleast ninety 90 since you filed proc and 3 Brought within two date you discover tion. Loss Payee For Covered Property i and a Loss Payee liste tions have an insurable 1 Adjust losses with 2 Pay any claim fc jointly to you and th interests may appe Multi Year Policies Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. sured will act for itself and for every other Insured for all purposes of this insurance. If the first Named Insured ceases to be covered under this policy then the next Named Insured will become the first Named Insured. 2 If any Insured or partner officer or member or manager applicable to limited liability companies of that In sured has knowledge of any infor mation relevant to this insurance that knowledge is considered knowl edge of every Insured. 3 An employee of any Insured is con sidered to be an employee of every Insured. 4 If this insurance or any of its cover ages is cancelled or terminated as to any Insured loss sustained by that Insured is covered only if discovered no later than one year from the date of that cancellation or termination. 5 We will not pay more for loss sus tained by more than one Insured than the amount we would pay if all the loss had been sustained by one Insured. Legal Action Against Us In the COMMERCIAL INLAND MARINE CONDITIONS GENERAL CONDITIONS B. Legal Action Against Us is replaced by the following No one may bring legal action against us under this Coverage Part unless 1 There has been full compliance with all the terms of this Coverage Part 2 Atleast ninety 90 days has passed since you filed proof of loss with us and 3 Brought within two 2 years from the date you discover the loss in ques tion. Loss Payee For Covered Property in which both you and a Loss Payee listed in the Declara tions have an insurable interest we will 1 Adjust losses with you and 2 Pay any claim for insured loss jointly to you and the Loss Payee as interests may appear. Multi Year Policies MA 123 08 07 Page 11 of 15 | 2 |
A 123 08 07 If this Coverage Part is issued for more than one annual policy period the pre mium may be adjusted at the inception of each following coverage term based on our rates in effect at that time. Non Accumulation of Limits of Insur ance Regardless of the number of coverage terms this insurance remains in force or the number of premiums paid no Limit of Insurance accumulates from year to year or period to period. Other Insurance In the COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS F. Other Insurance is replaced by the fol lowing 1 If you have other insurance subject to the same plan terms conditions and provisions as the insurance un der this Coverage Part we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all insur ance covering on the same basis. 2 If there is other insurance covering the same loss or damage other than that described in 1 above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insur ance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insurance. 3 Irrespective of Paragraphs h.1 or 2 above this Coverage Part is al ways excess of a service agree ment. We will pay only the amount of insured loss that is not covered by the service agreement in the form of repairs or other compensa tion. But we will not pay more than the applicable Limit of Insurance. Protective Safeguards You must maintain the protective safe guards stated by you to be in effect at a premises when this coverage began. If you fail to keep the protective safe guards 1 In working condition at a premises and 2 In operation when you are closed to business Coverage for which the protective safe guards apply is automatically suspended at that premises if you fail to notify us immediately. This suspension will last un til the equipment or services are back in operation. j Recoveries In the COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS I. Recoveries is replaced by the following 1 Any recoveries less the cost of ob taining them made after settlement of loss covered by this insurance will be distributed as follows a To you until you are reimbursed for any loss that you sustain that exceeds the Limit of Insurance plus the Deductible Amount if any b Then to us until we are reim bursed for the settlement made c Then to you until you are reim bursed for that part of loss equal to the Deductible Amount if any. 2 You will pay us the amount of all re coveries you receive for a loss paid by us. But any recoveries in excess of the amount we have paid belong to you. 8 Recoveries do not include any re covery from insurance suretyship reinsurance security or indemnity taken for our benefit. k. Transfer of Your Rights of Recovery Against Others to Us In the COMMERCIAL INLAND MARINE CONDITIONS LOSS CONDITIONS K. Transfer of Rights of Recovery Against Others to Us is replaced by the following You must transfer to us all of your rights of recovery against any person or organi zation for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. Section V Definitions The following terms when appearing in quotation marks have the following meanings wherever used in this Coverage Part 1. Actual cash value means replacement cost less a deduction that reflects depreciation age condition and obsolescence. Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. Page 12 of 15 MA 123 08 07 Page 12 of 15 | 2 |
Business income means the a. Net Income net profit or loss before in come taxes that would have been earned or incurred and b. Continuing normal operating expenses incurred including payroll. Computer system means a configuration of hardware and electronic media and rec ords including telecommunications equip ment which may be integrated into or con nected to such hardware purposely de signed to perform a particular function or functions. 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 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. Coverage territory means the United States of America including its territories and pos sessions Puerto Rico and Canada. Denial of service means the malicious and intentional inundating of your computer sys tem with messages instructions queries or requests that deplete resources enough to re strict limit or prevent access for the purposes of nuisance sabotage or malicious tampering which has the effect of a. Depleting system resources available through the Internet to authorized exter nal users of your computer system and e means the net profit or loss before in s that would have been curred and normal operating expenses luding payroll. m means a configuration of electronic media and rec telecommunications equip ly be integrated into or con hardware purposely de rm a particular function or means the following individ r if a multi year policy period ne which comprise the policy verage Part ommencing on the Effective Coverage Part at 1201 AM ne at your mailing address e Declarations and if a multi period each consecutive an thereafter or portion thereof if s for a period of less than 12 nstitute individual coverage last coverage term ends at tandard time at your mailing wn in the Declarations on the y the policy period shown in larations ends or y the policy to which this Cov art is attached is terminated elled. after the issuance of this art any coverage term is r an additional period of less nths that additional period of deemed to be part of the last overage term. ory means the United States uding its territories and pos 0 Rico and Canada. e means the malicious and lating of your computer sys ages instructions queries or plete resources enough to re vent access for the purposes otage or malicious tampering fect of system resources available Internet to authorized exter your computer system and 10. 1. b. Impeding Internet access of authorized external users to your computer sys tem. Electronic media and records means infor mation facts instructions concepts and pro grams converted and stored in a form usable in hardware. It also includes the materials such as magnetic tapes disc packs paper tapes and cards floppy discs and compact discs upon which such information facts in structions concepts and programs are re corded and stored. Electronic securities means any share par ticipation or other interest in property of or an enterprise of the issuer or an obligation of the issuer which a. Is a type commonly dealt in upon securi ties exchanges or markets b. Is either one of a class or series or by its terms divisible into a class or series of shares participations interests or obli gations and 1 Is notrepresented by an instrument 2 Is part of a master or global certifi cate or 3 Represents a paper certificate that has been surrendered by a financial institution and which paper certificate has been combined into a master depository note and the paper certifi cates are immobilized and such se curity is shown as an electronic entry on the account of the transferor pledgor or pledgee on the books of a Central Depository. Evidences of debt means instruments exe cuted by your customer and held by you which in the regular course of business are treated as evidencing the customer s debt to you including records of charges and ac counts receivable. Extra expense means the necessary and reasonable expenses you incur during the period of restoration that you would not have incurred if there had been no loss due to a Covered Cause of Loss to Covered Property. Hardware means an assemblage of elec tronic machine components capable of ac cepting and processing electronic media and records for the purpose of producing desired results. However hardware does not include tele communications equipment. 12. Loss means Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. Page 13 of 15 MA 123 08 07 Page 13 of 15 | 2 |
13. 14. 15. 16. 17. 18. 19. 20. MA 123 08 07 a. Sudden and accidental physical loss or physical damage and b. With respect only to denial of service malicious code or unauthorized use also includes sudden and accidental damage loss of use loss of access or loss of functionality. Loss establishment expenses means actual and necessary expenses incurred at our re quest to assist you in establishing either the existence or the amount of loss insured under this Coverage Part. Malicious code means a computer code created for the purpose of destroying cor rupting or otherwise adversely affecting a computer system. Mechanical breakdown means the malfunc tion or failure of moving or electronic parts component failure faulty installation or blow out. Money means a. Currency coins and bank notes in cur rent use and having a face value b. Travelers checks registered checks and money orders held for sale to the public and c. Electronic cash equivalents. Occurrence means an act or event or a se ries of related acts or events that result in a Covered Cause of Loss. Operations means your business activities occurring at the premises. Other property means any tangible property of value other than money securities electronic securities or electronic media and records. However other property does not include copyrights patents trademarks trade secrets or other intellectual property. Period of restoration means that period of time that a. Begins with the end of the time deductible for Coverage B referenced in the Decla rations. Such deductible commences on the date and time of direct loss to Cov ered Property due to a Covered Cause of Loss and b. Ends on the earlier of 1 The date you could restore your op erations with reasonable speed to the condition that would have existed if no direct loss to Covered Prop erty due to a Covered Cause of Loss had occurred or 2 As long as it would reasonably take to repair rebuild or replace the dam aged Covered Property. 21. Pollutants means any solid liquid gaseous 22 23. 24. 25. 26. 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 recondi tioned or reclaimed. Pollutants include but are not limited to substances which are gen erally 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 pol lutant. Premises means any building you lease rent or own and while you occupy it in con ducting your business. Production equipment means any machin ery and related components including any integrated or dedicated computer system which is used or can be used to produce or process other tangible property. Securities means negotiable and non negotiable instruments or contracts repre senting either money or other property and includes a. Tokens tickets revenue and other stamps whether represented by actual stamps or unused value in a meter in current use and b. Evidences of debt issued in connection with credit or charge cards not issued by you. Service agreement means a service plan or warranty or other similar service or warranty agreement even if it is characterized as in surance. Specified causes of loss means Fire light ning explosion windstorm or hail smoke air craft or vehicles riot or civil commotion van dalism leakage from fire extinguishing equipment sinkhole collapse volcanic action falling objects weight of snow ice or sleet water damage. a. Sinkhole collapse means the sudden and accidental sinking or collapse of Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. Page 14 of 15 MA 123 08 07 | 2 |
27. 28. 29. land into underground empty spaces cre ated by the action of water on limestone or dolomite. This cause of loss does not include 1 The cost of filling sinkholes or 2 Sinking or collapse of land into manmade underground cavities. b. Falling objects does not include loss to 1 Covered 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 out side wall of the building or structure is first damaged by a falling object. c. Water damage means sudden and acci dental 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. Sudden and accidental means abrupt im mediate and brief as well as unintended and unexpected and without prior notice. Suspension means the complete or partial cessation of your business activities. Telecommunications equipment means telephones including any related switching systems or similar equipment fax machines and other similar equipment used to transmit 30. 31. 32. voice or electronic media and records com munications over telephone lines data lines or air waves. However telecommunications equipment does not include hardware. Temporarily means a. Not permanently and b. For a period of 30 consecutive days or less. Unauthorized use means a. lllegal or malicious entry into your com puter system by a person not authorized to do so by you which results in the dis tortion or corruption of such computer system or b. Entry into or use of your computer sys tem by a party 1 Not authorized by you to do so or 2 Authorized by you to do so but who does so to use it in an unauthorized manner Which results in the distortion or corrup tion of your computer system. Valuable papers and records means in scribed printed or written documents manu scripts or records including abstracts books deeds drawings films maps or mortgages. Includes copyrighted material of ISO Properties Inc. and American Association of Insurance Services with their permission. MA 123 08 07 Page 15 of 15 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFFICE OF FOREIGN ASSETS CONTROL OFAC COMPLIANCE ENDORSEMENT This endorsement modifies insurance provided under the following ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE PART Section IV Additional Conditions 3. Common Conditions is amended to include the following Office of Foreign Assets Control OFAC Compliance Whenever insurance coverage provided by this policy would be in violation of any United States economic or trade sanctions such insurance coverage shall be and void. MA 4050 04 10 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL INLAND MARINE CONDITIONS The following conditions aJIy in addition to the Common Policy Conditions and applicable Additional Condi tions in Commercial Inland Marine Coverage Forms LOSS CONDITIONS A. Abandonment There can be no abandonment of any prop erty to us. Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdic tion. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differ ences to the umpire. A decision agreed to by any two will be binding. Each party will 1. Pay its chosen appraiser and 2. 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 You must see that the following are done in the event of loss to Covered Property 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the loss. In clude a description of the property in volved. 3. As soon as possible give us a descrip tion of how when and where the 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 Prop erty for consideration in the settlement of the claim. This will not increase the Limit of Insurance. 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 examination. 5. Make no statement that will assume any obligation or admit any liability for any loss for which we may be liable without our consent. 6. Permit us to inspect the property and re cords proving loss. nent of any prop the value of the loss either may n appraisal of the party will select a praiser. The two pire. If they can est that selection urt having jurisdic ate separately the nount of loss. If submit their differ sion agreed to by h party will r and s of the appraisal will still retain our wing are done in d Property v may have been of the loss. In the property in jive us a descrip where the loss ps to protect the 1 further damage f your expenses e Covered Prop 1 the settlement of increase the Limit r we will not pay s resulting from a not a Covered f feasible set the e and in the best ination. t will assume any y liability for any be liable without property and re 7. If requested permit us to question you under oath at such times as may be rea sonably required about any matter relat ing to this insurance or your claim in cluding your books and records. In such event your answers must be signed. 8. Send us a signed sworn statement of loss containing the information we re uest to settle the claim. You must do this within 60 days after our request. We will supply you with the necessary forms. 9. Promptly send us any legal papers or no tices received concerning the loss. 10. Cooperate with us in the investigation or settlement of the claim. Insurance Under Two or More Coverages If two or more of this policy s coverages apply to the same loss we will not pay more than the actual amount of the loss. Loss Payment We will pay or make good any loss covered under this Coverage Part within 30 days after 1. Wereach agreement with you 2. The entry of final judgment or 3. The filing of an appraisal award. We will not be liable for any part of a loss that has been paid or made good by others. Other Insurance If you have other insurance covering the same loss as the insurance under this Cov erage Part we will pay only the excess over what you should have received from the other insurance. We will pay the excess whether you can collect on the other insurance or not. Pair Sets or Parts 1. Pair or Set In case of loss to any part of a pair or set we may a. Repair or replace any part to restore the pair or set to its value before the loss or b. Pay the difference between the value of the pair or set before and after the loss. 2. Parts In case of loss to any part of Covered Property consisting of several parts when complete we will only pay for the value of the lost or damaged part. Includes ctgrighted material of Insurance 1 Services ce Inc. with its permission. Page 10f 2 MA 135 1199 | 2 |
H. Privilege to Adjust with Owner In the event of loss involving property of others in your care custody or control we have the right to 1. Settle the loss with the owners of the property. A receipt for payment from the owners of that property will satisfy any claim of yours. 2. Provide a defense for legal proceedings brought against you. If provided the ex pense of this defense will be at our cost and will not reduce the applicable Limit of Insurance under this insurance.. Recoveries Any recovery or salvage on a loss will ac crue entirely to our benefit until the sum paid by us has been made up. J. Reinstatement of Limit After Loss The Limit of Insurance will not be reduced by the payment of any claim except for total loss of a scheduled item in which event we will refund the unearned premium on that item. K. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this insurance has rights to recover damages from another those rights are transferred to us to the extent of ourJ ayment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to im pair them. GENERAL CONDITIONS A. Concealment Misrepresentation or Fraud This Coverage Part is void in any case of fraud intentional concealment or misrepre sentation of a material fact by you or any other insured at any time concerning 1. This Coverage Part 2. The Covered Property 3. Your interest in the Covered Property or 4. Aclaim under this Coverage Part. Legal Action Against Us No one may bring alegal action against us under this Coverage Part unless 1. There has been full compliance with all the terms of this Coverage Part and 2. The action is brought within 2 years after you first have knowledge of the loss. Liberalization If within 45 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. No Benefit to Bailee No person or organization other than you having custody of Covered Property will benefit from this insurance. Policy Period We cover loss commencing during the pol icy period shown in the Declarations. Valuation The value of property will be the least of the following amounts 1. The actual cash value of that property 2. The cost of reasonably restorin that property to its condition immediately be fore loss or 3. The cost of replacing that property with substantially identical property. In the event of loss the value of property will be determined as of the time of loss. Includes ctgrighted material of Insurance Services Office Inc. with its permission. MA 135 1199 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED PREMISES ENDORSEMENT This endorsement modifies insurance provided under the following ELECTRONIC DATA PROCESSING EQUIPMENT COVERAGE PART Schedule Location Number Coverage A Coverage B Limit of Insurance Limit of Insurance 1 1 60000 10000 Blanket Insurance Location Number Coverage A Coverage B Limit of Insurance Limit of Insurance Newly Acquired Property Limit of Insurance 250000 Unless Otherwise Stated Section Coverages is amended as follows Section Coverages Coverage A Electronic Data Processing Property Paragraph 5. Coverage Extensions is amended to include the following NEWLY ACQUIRED PROPERTY 1 We will pay up to the Limit of Insurance for Newly Acquired Property stated in the Schedule of this endorsement in any one occurrence for loss to newly acquired Covered Property due to a Cov ered Cause of Loss a In excess of the Limit of Insurance for Coverage A applicable to the premises stated in the Schedule of this endorsement or b At a location you lease rent or own in the coverage territory and while you occupy it in con ducting your business but which has not yet been reported to us as a premises. 2 You will report such newly acquired Covered Property to us within ninety 90 days of its acquisition and pay any additional premium due. Insurance coverage under this Coverage Extension ceases at the earlier of a Ninety 90 days elapsing from the date of acquisition or b The expiration of the policy period. Section IV Additional Conditions is amended as follows 3. Common Conditions b. Blanket Insurance is hereby deleted and replaced by the following muetr Includes copyrighted material of ISO Properties Inc. with its permission. MA 4015 06 07 Page 1of 2 | 2 |
b. Blanket Insurance If blanket insurance is indicated by in the Schedule of the Scheduled Premises Endorsement the Limit of Insurance for each Coverage applies to all premises listed in the endorsement. IV. Section V Definitions is amended as follows A. Definition 22. Premises is hereby deleted and replaced by the following 22. Premises means any building located at an address referenced in the Schedule of the Sched uled Premises Endorsement you lease rent or own and while you occupy it in conducting your business. B. The following definition is added Newly acquired means a. Firstacquired or b. First moved to a new location within the coverage territory not yet reported to us as a premi ises since the inception of the current coverage term. Includes copyrighted material of ISO Properties Inc. with its permission. MA 4015 06 07 Page 2of 2 | 2 |
THE CINCINNATI INSURANCE COMPANY AStock Insurance Company CRIME AND FIDELITY COVERAGE PART DECLARATIONS COMMERCIAL ENTITIES 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 ltem Location address Employee Benefit Plans Included as Insureds PRIZER PAINTER STOVE WORKS INC. PRIZER WORKS INC. CASTEC INC. PRIZER PAINTER STOVE WORKS INC. 401 K Coverage is Written Primary Excess Coindemnity Concurrent Coverage is provided only for the Crime Coverage for which a Limit of Insurance is shown below Limit of Deductible Insuring Agreements Forming Part of This Coverage Part Insurance Amount Per Occurrence Per Occurrence 1 Employee Theft 50000 1000 2 Forgery or Alteration 3. Inside the Premises Theft of Money and Securities 4 Inside the Premises Robbery or Safe Burglary of Other Property 5. Outside the Premises 6. Computer Fraud 7. Funds Transtfer Fraud 8 Money Orders and Counterfeit Money If added by Endorsement Insuring Agreements If added by Endorsement Insuring Agreements s s Forms and endorsements applicable to this Coverage Part at policy inception. 0506 COMMERCIAL CRIME COVERAGE FORM DISCOVERY FORM CR0020 CA440 0807 COMMERCIAL CRIME COVERAGE FORM AMENDATORY ENDORSEMENT The Crime and Fidelity Coverage Part Commercial Entities consist of this Declaration Form and the Commercial Crime Coverage Form. Page 1of 1 CA516 0309 EPP 014 93 81 | 2 |
COMMERCIAL CRIME COVERAGE FORM DISCOVERY FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is or is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declara tions. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. A. CR 00 20 05 06 Insuring Agreements Coverage is provided under the following In suring Agreements for which a Limit of Insur ance is shown in the Declarations and applies to loss that you sustain resulting directly from an occurrence taking place at any time which is discovered by you during the Policy Period shown in the Declarations or during the period of time provided in the Extended Pe riod to Discover Loss Condition E.1.g. 1. Employee Theft We will pay for loss of or damage to money securities and other property resulting directly from theft committed by an employee whether identified or not acting alone or in collusion with other persons. For the purposes of this Insuring Agree ment theft shall also include forgery. Forgery or Alteration a. We will pay for loss resulting directly from forgery or alteration of checks drafts promissory notes or similar written promises orders or directions to pay a sum certain in money that are 1 Made or drawn by or drawn upon you or 2 Made or drawn by one acting as your agent or that are purported to have been so made or drawn. For the purposes of this Insuring Agreement a substitute check as defined in the Check Clearing for the 21st Century Act shall be treated the same as the original it replaced. If you are sued for refusing to pay any instrument covered in Paragraph 2.a. on the basis that it has been forged or altered and you have our written consent to defend against the suit we will pay for any reasonable legal expenses that you incur and pay in that defense. The amount that we will pay is in addition to the Limit of Insurance applicable to this In suring Agreement. 3. Inside The Premises Theft of Money and Securities a. We will pay for loss of money and securities inside the premises or banking premises 1 Resulting directly from theft committed by a person present inside such premises or banking premises or 2 Resulting directly from disap pearance or destruction. We will pay for loss from damage to the premises or its exterior result ing directly from an actual or at tempted theft of money and se curities if you are the owner of the premises or are liable for damage toit. We will pay for loss of or damage to a locked safe vault cash register cash box or cash drawer located in side the premises resulting directly from an actual or attempted theft of or unlawful entry into those contain ers. 4. Inside the Premises Robbery or Safe Burglary of Other Property a. 180 Properties Inc. 2005 We will pay for loss of or damage to other property 1 Inside the premises resulting directly from an actual or at tempted robbery of a custo dian or 2 Inside the premises in a safe or vault resulting directly from an actual or attempted safe bur glary. We will pay for loss from damage to the premises or its exterior result ing directly from an actual or at tempted robbery or safe burglary of other property if you are the owner of the premises or are liable for damage to it. Page 1of 13 licy restrict coverage. llly to determine rights overed. jords you and your shown in the Declara and our refer to the rance. at appear in quotation g. Refer to Section F. inder the following In wvhich a Limit of Insur clarations and applies resulting directly from place at any time you during the Policy larations or during the in the Extended Pe ondition E.1.g. ss of or damage to and other property om theft committed whether identified or in collusion with other of this Insuring Agree Iso include forgery. on loss resulting directly or alteration of checks sory notes or similar s orders or directions ertain in money that drawn by or drawn or rawn by one acting as 4 rported to have been wn. ses of this Insuring substitute check as Check Clearing for the ct shall be treated the iginal it replaced. d for refusing to pay covered in Paragraph asis that it has been 4. Inside Burgle a. o 1 2 Page 1of 13 | 2 |
one of those Insuring Agreements or Cover ages. C. Deductible We will not pay for loss resulting directly from an occurrence unless the amount of loss exceeds the Deductible Amount shown in the Declarations. We will then pay the amount of loss in excess of the Deductible Amount up to the Limit of Insurance. D. Exclusions 1. This insurance does not cover a. Acts Committed by You Your Partners or Your Members Loss resulting from theft or any other dishonest act committed by 1 You or 2 Any of your partners or mem bers whether acting alone or in collusion with other persons. b. Acts of Employees Learned of by You Prior to the Policy Period Loss caused by an employee if the employee had also committed theft or any other dishonest act prior to the effective date of this in surance and you or any of your part ners members managers offi cers directors or trustees not in collusion with the employee learned of that theft or dishonest act prior to the Policy Period shown in the Declarations. c. Acts Of Employees Managers Di rectors Trustees or Representa tives Loss resulting from theft or any other dishonest act committed by any of your employees manag ers directors trustees or authorized representatives 1 Whether acting alone or in collu sion with other persons or 2 While performing services for you or otherwise except when covered under Insuring Agreement A.1. d. Confidential Information Loss resulting from 1 The unauthorized disclosure of your confidential information in cluding but not limited to pat s Inc. 2005 Page 2 of 13 c. We will pay for loss of or damage to a locked safe or vault located inside the premises resulting directly from an actual or attempted robbery or safe burglary. 5. Outside the Premises a. We will pay for loss of money and securities outside the premises in the care and custody of a messen ger or an armored motor vehicle company resulting directly from theft disappearance or destruction. b. We will pay for loss of or damage to other property outside the prem ises in the care and custody of a messenger or an armored motor vehicle company resulting directly from an actual or attempted rob bery. 6. Computer Fraud We will pay for loss of or damage to money securities and other property resulting directly from the use of any computer to fraudulently cause a transfer of that property from inside the prem ises or banking premises a. To a person other than a messen ger outside those premises or b. To aplace outside those premises. 7. Funds Transfer Fraud We will pay for loss of funds resulting di rectly from a fraudulent instruction di recting a financial institution to transfer pay or deliver funds from your transfer account. 8. Money Orders and Counterfeit Money We will pay for loss resulting directly from your having accepted in good faith in ex change for merchandise money or services a. Money orders issued by any post of fice express company or bank that are not paid upon presentation or b. Counterfeit money that is acquired during the regular course of busi ness. B. Limit of Insurance The most we will pay for all loss resulting di rectly from an occurrence is the applicable Limit of Insurance shown in the Declarations. If any loss is covered under more than one Insuring Agreement or Coverage the most we will pay for such loss shall not exceed the largest Limit of Insurance available under any one of tl ages. Deductil We will r an occl exceeds Declarat loss in e the Limit Exclusic 1. This a. CR 00 20 05 06 180 Properties Inc. 2005 | 2 |
ents trade secrets processing Je methods or customer lists or 2 The unauthorized use or disclo sure of confidential information of another person or entity which is held by you including but not limited to financial in formation personal information credit card information or similar non public information. e. Governmental Action Loss resulting from seizure or de struction of property by order of gov ernmental authority. f. IndirectLoss Loss that is an indirect result of an occurrence covered by this insur 2. Insu ance including but not limited to loss resulting from a. 1 Your inability to realize income that you would have realized had there been no loss of or damage to money securities or other property. 2 Payment of damages of any type for which you are legally li able. But we will pay compen satory damages arising directly from a loss covered under this insurance. 3 Payment of costs fees or other expenses you incur in estab lishing either the existence or b. the amount of loss under this in surance. g. Legal Fees Costs and Expenses Fees costs and expenses incurred c. by you which are related to any legal action except when covered under Insuring Agreement A.2. h. Nuclear Hazard Loss or damage resulting from nu clear reaction or radiation or radioac 3. Insu tive contamination however caused. don i. Pollution a. Loss or damage caused by or re sulting from pollution. Pollution means the discharge dispersal seepage migration release or es cape of any solid liquid gaseous or thermal irritant or contaminant in cluding smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recy cled reconditioned or reclaimed. CR 00 20 05 06 180 Properties Inc. 2005 j. War and Military Action Loss or damage resulting from 1 War including undeclared or civil war 2 Warlike action by a military force including action in hin dering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolu tion usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Insuring Agreement A.1. does not cover a. Inventory Shortages Loss or that part of any loss the proof of which as to its existence or amount is dependent upon 1 Aninventory computation or 2 A profit and loss computation. However where you establish wholly apart from such computations that you have sustained a loss then you may offer your inventory records and actual physical count of inventory in support of the amount of loss claimed. b. Trading Loss resulting from trading whether in your name or in a genuine or ficti tious account. c. Warehouse Receipts Loss resulting from the fraudulent or dishonest signing issuing cancelling or failing to cancel a warehouse re ceipt or any papers connected with it. 3. Insuring Agreements A.3. A.4. and A.5. do not cover a. Accounting or Arithmetical Errors or Omissions Loss resulting from accounting or ar ithmetical errors or omissions. b. Exchanges or Purchases Loss resulting from the giving or sur rendering of property in any ex change or purchase. Page 3 of 13 | 2 |
ii Weaknesses in the source code within your computer system. 2 But this Exclusion does not ap ply under Insuring Agreement A.5. to loss of money securi ties or other property while outside the premises in the care and custody of a messen ger if you a Had no knowledge of any threat at the time the con veyance began or b Had knowledge of a threat at the time the conveyance began but the loss was not related to the threat. g. Vandalism Loss from damage to the premises or its exterior or to any safe vault cash register cash box cash drawer or other property by vandalism or malicious mischief. h. Voluntary Parting of Title to or Possession of Property Loss resulting from your or anyone acting on your express or implied authority being induced by any dis honest act to voluntarily part with title to or possession of any property. 4. Insuring Agreement A.6. does not cover a. Credit Card Transactions Loss resulting from the use or pur ported use of credit debit charge access convenience identification stored value or other cards or the information contained on such cards. b. Funds Transfer Fraud Loss resulting from a fraudulent in struction directing a financial institu tion to transfer pay or deliver funds from your transfer account. c. Inventory Shortages Loss or that part of any loss the proof of which as to its existence or amount is dependent upon 1 Aninventory computation or 2 A profit and loss computation. c. Fire Loss or damage resulting from fire however caused except 1 Loss of or damage to money and securities and 2 Loss from damage to a safe or vault. Money Operated Devices Loss of property contained in any money operated device unless the amount of money deposited in it is recorded by a continuous recording instrument in the device. Motor Vehicles or Equipment and Accessories Loss of or damage to motor vehicles trailers or semi trailers or equipment and accessories attached to them. Transfer or Surrender of Property 1 Loss of or damage to property after it has been transferred or surrendered to a person or place outside the premises or banking premises a On the basis of unauthor ized instructions b As aresult of a threat to do bodily harm to any person c As aresult of a threat to do damage to any property d As aresult of a threat to in troduce a denial of service attack into your computer system e As aresult of a threat to in troduce a virus or other ma licious instruction into your computer system which is designed to damage de stroy or corrupt data or computer programs stored within your computer sys tem f As a result of a threat to contaminate pollute or ren der substandard your prod ucts or goods or 9 As a result of a threat to disseminate divulge or util ize i Your confidential infor mation or CR 00 20 05 06 180 Properties Inc. 2005 Page 4 of 13 | 2 |
d. 005 2 For the first 90 days after the effective date of such consolida tion merger or purchase or ac quisition of assets or liabilities the coverage provided by this insurance shall apply to such consolidated or merged entity or such purchased or acquired as sets or liabilities provided that all occurrences causing or contributing to a loss involving such consolidation merger or purchase or acquisition of as sets or liabilities must take place after the effective date of such consolidation merger or purchase or acquisition of as sets or liabilities. Cooperation You must cooperate with us in all matters pertaining to this insurance as stated in its terms and conditions. Duties in the Event of Loss After you discover a loss or a situa tion that may result in loss of or damage to money securities or other property you must 1 Notify us as soon as possible. If you have reason to believe that any loss except for loss cov ered under Insuring Agreement A.1. or A.2 involves a violation of law you must also notify the local law enforcement authori ties. 2 Submit to examination under oath at our request and give us a signed statement of your an swers. 8 Produce for our examination all pertinent records. 4 Give us a detailed sworn proof of loss within 120 days. 5 Cooperate with us in the investi gation and settlement of any claim. Employee Benefit Plans 1 The employee benefit plans shown in the Declarations hereafter referred to as Plan are included as Insureds under Insuring Agreement A.1. 2 If any Plan is insured jointly with any other entity under this in surance you or the Plan Ad ministrator must select a Limit of Insurance for Insuring Agree Page 5 of 13 5. Insuring Agreement A.7. does not cover COMPUTER FRAUD Loss resulting from the use of a computer to fraudulently cause a ftransfer of money securities or other property. E. Conditions The following Conditions apply in addition to the Common Policy Conditions 1. Conditions Applicable to all Insuring Agreements a. Additional Premises or Employees If while this insurance is in force you establish any additional premises or hire additional employees other than through consolidation or merger d. with or purchase or acquisition of assets or liabilities of another entity such premises and employees shall automatically be covered under this insurance. Notice to us of an in e. crease in the number of premises or employees need not be given and no additional premium need be paid for the remainder of the Policy Period shown in the Declarations. b. Concealment Misrepresentation or Fraud This insurance is void in any case of fraud by you as it relates to this in surance at any time. It is also void if you or any other Insured at any time intentionally conceal or misrep resent a material fact concerning 1 This insurance 2 The property covered under this insurance 3 Your interest in the property covered under this insurance or 4 A claim under this insurance. c. Consolidation Merger or Acquisi tion If you consolidate or merge with or purchase or acquire the assets or li abilities of another entity 1 You must give us written notice as soon as possible and obtain our written consent to extend the coverage provided by this insurance to such consolidated or merged entity or such pur chased or acquired assets or li abilities. We may condition our consent by requiring payment of an additional premium but CR 00 20 05 06 180 Properties Inc. 2005 | 2 |
3 4 5 6 ment A.1. that is sufficient to provide a Limit of Insurance for each Plan that is at least equal to that required if each Plan were separately insured. With respect to loss sustained or discovered by any such Plan Insuring Agreement A.1. is re placed by the following We will pay for loss of or dam age to funds and other prop erty resulting directly from fraudulent or dishonest acts committed by an employee whether identified or not acting alone or in collusion with other persons. If the first Named Insured is an entity other than a Plan any payment we make for loss sus tained by any Plan will be made to the Plan sustaining the loss. If two or more Plans are insured under this insurance any pay ment we make for loss a Sustained by two or more Plans or b Of commingled funds or other property of two or more Plans resulting directly from an occurrence will be made to each Plan sustaining loss in the proportion that the Limit of Insurance required for each Plan bears to the total Limit of Insurance of all Plans sustaining loss. The Deductible Amount applica ble to Insuring Agreement A.1. does not apply to loss sustained by any Plan. g. Extended Period to Discover Loss We will pay for loss that you sus tained prior to the effective date of cancellation of this insurance which is discovered by you 1 CR 00 20 05 06 No later than 60 days from the date of that cancellation. How ever this extended period to discover loss terminates im mediately upon the effective date of any other insurance ob tained by you whether from us or another insurer replacing in whole or in part the coverage afforded under this insurance whether or not such other insur 180 Properties Inc. 2005 2 ance provides coverage for loss sustained prior to its effective date. No later than 1 year from the date of that cancellation with re gard to any employee benefit plans. Joint Insured 1 2 3 4 5 If more than one Insured is named in the Declarations the first Named Insured will act for itself and for every other Insured for all purposes of this insur ance. If the first Named Insured ceases to be covered then the next Named Insured will be come the first Named Insured. If any Insured or partner member or officer of that In sured has knowledge of any in formation relevant to this insur ance that knowledge is consid ered knowledge of every In sured. An employee of any Insured is considered to be an employee of every Insured. If this insurance or any of its coverages is cancelled as to any Insured loss sustained by that Insured is covered only if it is discovered by you a No later than 60 days from the date of that cancellation. However this extended pe riod to discover loss ter minates immediately upon the effective date of any other insurance obtained by that Insured whether from us or another insurer re placing in whole or in part the coverage afforded un der this insurance whether or not such other insurance provides coverage for loss sustained prior to its effec tive date. b No later than 1 year from the date of that cancellation with regard to any em ployee benefit plans. We will not pay more for loss sustained by more than one In sured than the amount we would pay if all such loss had been sustained by one Insured. Page 6 of 13 | 2 |
6 Payment by us to the first Named Insured for loss sus tained by any Insured other than an employee benefit plan shall fully release us on account of such loss. Legal Action Against Us You may not bring any legal action against us involving loss 1 Unless you have complied with all the terms of this insurance 2 Until 90 days after you have filed proof of loss with us and 3 Unless brought within 2 years from the date you discovered the loss. If any limitation in this Condition is prohibited by law such limita tion is amended so as to equal the minimum period of limitation provided by such law. Liberalization If we adopt any revision that would broaden the coverage under this in surance without additional premium within 45 days prior to or during the Policy Period shown in the Declara tions the broadened coverage will immediately apply to this insurance. Other Insurance If other valid and collectible insur ance is available to you for loss cov ered under this insurance our obli gations are limited as follows 1 Primary Insurance When this insurance is written as primary insurance and a You have other insurance subject to the same terms and conditions as this in surance we will pay our share of the covered loss. Our share is the proportion that the applicable Limit of Insurance shown in the Declarations bears to the total limit of all insurance covering the same loss. b You have other insurance covering the same loss other than that described in Paragraph 1a we will only pay for the amount of loss that exceeds i The Limit of Insurance and Deductible Amount of that other insurance whether you can collect on it or not or ii The Deductible Amount shown in the Declara tions whichever is greater. Our pay ment for loss is subject to the terms and conditions of this in surance. 2 Excess Insurance When this insurance is written excess over other insurance we will only pay for the amount of loss that exceeds the Limit of Insur ance and Deductible Amount of that other insur ance whether you can col lect on it or not. Our pay ment for loss is subject to the terms and conditions of this insurance. b However if loss covered under this insurance is subject to a Deductible we will reduce the Deductible Amount shown in the Decla rations by the sum total of all such other insurance plus any Deductible Amount applicable to that other in surance. Ownership of Property Interests Covered The property covered under this in surance is limited to property 1 That you own or lease or 2 That you hold for others whether or not you are legally liable for the loss of such property. However this insurance is for your benefit only. It provides no rights or benefits to any other person or or ganization. Any claim for loss that is covered under this insurance must be presented by you. Policy Bridge Discovery Replac ing Loss Sustained 1 If this insurance replaces insur ance that provided you with an extended period of time after cancellation in which to discover loss and which did not terminate CR 00 20 05 06 180 Properties Inc. 2005 Page 7 of 13 | 2 |
2 Recoveries do not include any recovery a From insurance suretyship reinsurance security or in demnity taken for our bene fit or b Of original securities after duplicates of them have been issued. Territory This insurance covers loss that you sustain resulting directly from an occurrence taking place within the United States of America including its territories and possessions Puerto Rico and Canada. Transfer of Your Rights of Recov ery Against Others to Us You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. Valuation Settlement 1 The value of any loss for pur poses of coverage under this policy shall be determined as follows a Loss of money but only up to and including its face value. We will at your op tion pay for loss of money issued by any country other than the United States of America i At face value in the money issued by that country or ii In the United States of America dollar equiva lent determined by the rate of exchange pub lished in The Wall Street Journal on the day the loss was dis covered. b Loss of securities but only up to and including their value at the close of busi ness on the day the loss was discovered. We may at our option at the time this insurance be came effective a We will not pay for any loss that occurred during the Policy Period of that prior insurance which is discov ered by you during the extended period to dis cover loss unless the amount of loss exceeds the Limit of Insurance and De ductible Amount of that prior insurance. In that case we will pay for the excess loss subject to the terms and conditions of this policy. b However any payment we make for the excess loss will not be greater than the difference between the Limit of Insurance and Deductible Amount of that prior insur ance and the Limit of Insur ance shown in the Declara tions. We will not apply the Deductible Amount shown in the Declarations to this excess loss. 2 The Other Insurance Condition E.1.k. does not apply to this Condition. Records You must keep records of all prop erty covered under this insurance so we can verify the amount of any loss. Recoveries 1 Any recoveries whether ef fected before or after any pay ment under this insurance whether made by us or you shall be applied net of the ex pense of such recovery a First to you in satisfaction of your covered loss in ex cess of the amount paid under this insurance b Second to us in satisfaction of amounts paid in settle ment of your claim c Third to you in satisfaction of any Deductible Amount and d Fourth to you in satisfaction of any loss not covered un der this insurance. CR 00 20 05 06 180 Properties Inc. 2005 Page 8 of 13 | 2 |
i Pay the market value of such securities or re place them in kind in which event you must assign to us all your rights title and interest in and to those securi ties or ii Pay the cost of any Lost Securities Bond required in connection with issuing duplicates of the securities. However we will be li able only for the pay ment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding the lesser of the i. Market value of the securities at the close of busi ness on the day the loss was dis covered or ii. The Limit of Insur ance applicable to the securities. c Loss of or damage to other property or loss from dam age to the premises or its exterior for the replacement cost of the property without deduction for depreciation. However we will not pay more than the least of the following i The cost to replace the lost or damaged prop erty with property of comparable material and quality and used for the same purpose ii The amount you actu ally spend that is nec essary to repair or re place the lost or dam aged property or iii The Limit of Insurance applicable to the lost or damaged property. With regard to Paragraphs on areplacement cost basis for any loss or damage i Until the lost or damaged property is actually repaired or replaced and ii. Unless the repairs or replacement are made as soon as reasonably possible after the loss or damage. If the lost or damaged property is not repaired or replaced we will pay on an actual cash value basis. 2 We will at your option settle loss or damage to property other than money a Inthe money of the coun try in which the loss or damage occurred or b In the United States of America dollar equivalent of the money of the country in which the loss or damage occurred determined by the rate of exchange published in The Wall Street Journal on the day the loss was discovered. 3 Any property that we pay for or replace becomes our property. 2. Conditions Applicable to Insuring Agreement A.1. a. Termination as to Any Employee This Insuring Agreement terminates as to any employee 1 Assoon as a Youor b Any of your partners members managers of ficers directors or trustees not in collusion with the employee learn of theft or any other dis honest act committed by the employee whether before or after becoming employed by you. 2 On the date specified in a notice mailed to the first Named In sured. That date will be at least 30 days after the date of mailing. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If 1C. 2005 Page 9 of 13 CR 00 20 05 06 180 Properties Inc. 2005 | 2 |
of of mailing f of notice. sed by any arily outside he Territory eriod of not days. Insuring t does not paid under ical Signa hat are pro ectronically means the atures. our proof of Ived in that sible an af imount and you sustain an occur shere in the Insuring le Compa nt A.5. we unt of loss with the ar company or indem the benefit e armored ny. rrance for 000 for any of or dam 1 Precious metals precious or semi precious stones pearls furs or completed or partially completed articles made of or containing such materials that constitute the principal value of such articles or 2 Manuscripts drawings or rec ords of any kind or the cost of reconstructing them or repro ducing any information con tained in them. 5. Conditions Applicable to Insuring Agreement A.6. a. Special Limit of Insurance for Specified Property We will only pay up to 5000 for any one occurrence of loss of or dam age to manuscripts drawings or re cords of any kind or the cost of re constructing them or reproducing any information contained in them. b. Territory We will cover loss that you sustain resulting directly from an occur rence taking place anywhere in the world. Territory Condition E.1.p. does not apply to Insuring Agreement A.6. Banking premises means the interior of that portion of any building occupied by a banking institution or similar safe de pository. Counterfeit money means an imitation of money that is intended to deceive and to be taken as genuine. Custodian means you or any of your partners or members or any em ployee while having care and custody of property inside the premises excluding any person while acting as a watchper son or janitor. Discover or discovered means the time when you first become aware of facts which would cause a reasonable person to assume that a loss of a type covered by this insurance has been or will be incurred regardless of when the act or acts causing or contributing to such loss occurred even though the exact amount or details of loss may not then be known. Discover or discovered also means the time when you first receive notice of an actual or potential claim in which it is alleged that you are liable to a third party 180 Properties Inc. 2005 Page 10 of 13 notice is mailed proof of mailing will be sufficient proof of notice. Territory We will pay for loss caused by any employee while temporarily outside the territory specified in the Territory Condition E.1.p. for a period of not more than 90 consecutive days. Conditions Applicable to Insuring Agreement A.2. a. Deductible Amount The Deductible Amount does not apply to legal expenses paid under Insuring Agreement A.2. Electronic and Mechanical Signa tures We will freat signatures that are pro duced or reproduced electronically mechanically or by other means the same as handwritten signatures. Proof of Loss You must include with your proof of loss any instrument involved in that loss or if that is not possible an af fidavit setting forth the amount and cause of loss. Territory We will cover loss that you sustain resulting directly from an occur rence taking place anywhere in the world. Territory Condition E.1.p. does not apply to Insuring Agreement A.2. Conditions Applicable to Insuring Agreements A.4. and A.5. a. Armored Motor Vehicle Compa nies Under Insuring Agreement A.5. we will only pay for the amount of loss you can not recover 1 Under your contract with the ar mored motor vehicle company and 2 From any insurance or indem nity carried by or for the benefit of customers of the armored motor vehicle company. Special Limit of Insurance for Specified Property We will only pay up to 5000 for any one occurrence of loss of or dam age to CR 00 20 05 06 | 2 |
R 00 20 05 06 under circumstances which if true would constitute a loss under this insurance. Employee Employee means 1 Any natural person a While in your service and for the first 30 days imme diately after termination of service unless such termi nation is due to theft or any other dishonest act committed by the em ployee b Who you compensate di rectly by salary wages or commissions and c Who you have the right to direct and control while performing services for you 2 Any natural person who is fur nished temporarily to you a To substitute for a perma nent employee as defined in Paragraph a.1 who is on leave or b To meet seasonal or short term work load conditions while that person is subject to your direction and control and performing services for you ex cluding however any such per son while having care and cus tody of property outside the premises 3 Any natural person who is leased to you under a written agreement between you and a labor leasing firm to perform duties related to the conduct of your business but does not mean a temporary employee as defined in Paragraph a.2 4 Any natural person who is a Atrustee officer employee administrator or manager except an administrator or manager who is an inde pendent contractor of any employee benefit plan and b A director or trustee of yours while that person is engaged in handling funds or other property of any employee benefit plan 5 Any natural person who is a former employee partner member manager director or trustee retained as a consult ant while performing services for you 6 Any natural person who is a guest student or intern pursuing studies or duties excluding however any such person while having care and custody of property outside the premises 7 Any employee of an entity merged or consolidated with you prior to the effective date of this insurance or 8 Any of your managers direc tors or trustees while a Performing acts within the scope of the usual duties of an employee or b Acting as a member of any committee duly elected or appointed by resolution of your board of directors or board of trustees to perform specific as distinguished from general directorial acts on your behalf. Employee does not mean any agent broker factor commission merchant consignee independent contractor or representative of the same general character not specified in Paragraph 5.a. Employee benefit plan means any wel fare or pension benefit plan shown in the Declarations that you sponsor and which is subject to the Employee Retirement In come Security Act of 1974 ERISA and any amendments thereto. Forgery means the signing of the name of another person or organization with intent to deceive it does not mean a sig nature which consists in whole or in part of one s own name signed with or without authority in any capacity for any pur pose. Fraudulent instruction means a. b. 180 Properties Inc. 2005 An electronic telegraphic cable teletype telefacsimile or telephone instruction which purports to have been transmitted by you but which was in fact fraudulently transmitted by someone else without your knowledge or consent A written instruction other than those described in Insuring Agree Page 11 of 13 CR 00 20 05 06 | 2 |
1. 12. 13. 14. CR 00 20 05 06 ment A.2. issued by you which was forged or altered by someone other than you without your knowledge or consent or which purports to have been issued by you but was in fact fraudulently issued without your knowledge or consent or c. An electronic telegraphic cable teletype telefacsimile telephone or written instruction initially received by you which purports to have been transmitted by an employee but which was in fact fraudulently trans mitted by someone else without your or the employee s knowledge or consent. Funds means money and securities. Manager means a person serving in a directorial capacity for a limited liability company. Member means an owner of a limited li ability company represented by its mem bership interest who also may serve as a manager. Messenger means you or a relative of yours or any of your partners or mem bers or any employee while having care and custody of property outside the premises. Money means a. Currency coins and bank notes in current use and having a face value and b. Travelers checks register checks and money orders held for sale to the public. Occurrence means a. Under Insuring Agreement A.1. 1 Anindividual act 2 The combined total of all sepa rate acts whether or not related or 3 A series of acts whether or not related committed by an employee acting alone or in collusion with other per sons during the Policy Period shown in the Declarations before such Pol icy Period or both. b. Under Insuring Agreement A.2. 1 Anindividual act 2 The combined total of all sepa rate acts whether or not related or 15. 16. 17. 18. 19. 1S0 Properties Inc. 2005 3 A series of acts whether or not related committed by a person acting alone or in collusion with other persons in volving one or more instruments during the Policy Period shown in the Declarations before such Policy Pe riod or both. c. Under All Other Insuring Agree ments 1 Anindividual act or event 2 The combined total of all sepa rate acts or events whether or not related or 8 A series of acts or events whether or not related committed by a person acting alone or in collusion with other persons or not committed by any person during the Policy Period shown in the Dec larations before such Policy Period or both. Other property means any tangible property other than money and securi ties that has intrinsic value. Other prop erty does not include computer pro grams electronic data or any property specifically excluded under this insur ance. Premises means the interior of that por tion of any building you occupy in con ducting your business. Robbery means the unlawful taking of property from the care and custody of a person by one who has a. Caused or threatened to cause that person bodily harm or b. Committed an obviously unlawful act witnessed by that person. Safe burglary means the unlawful taking of a. Property from within a locked safe or vault by a person unlawfully entering the safe or vault as evidenced by marks of forcible entry upon its exte rior or b. A safe or vault from inside the premises. Securities means negotiable and non negotiable instruments or contracts rep resenting either money or property and includes a. Tokens tickets revenue and other stamps whether represented by Page 12 of 13 | 2 |
20. 21 actual stamps or unused value in a meter in current use and b. Evidences of debt issued in connec tion with credit or charge cards which cards are not issued by you but does not include money. Theft means the unlawful taking of property to the deprivation of the Insured. Transfer account means an account maintained by you at a financial institution from which you can initiate the transfer payment or delivery of funds a. By means of electronic telegraphic cable teletype telefacsimile or tele phone instructions communicated di rectly through an electronic funds transfer system or b. By means of written instructions other than those described in In suring Agreement A.2. establishing the conditions under which such transfers are to be initiated by such financial institution through an elec tronic funds transfer system. 22 Watchperson means any person you retain specifically to have care and cus tody of property inside the premises and who has no other duties. CR 00 20 05 06 1S0 Properties Inc. 2005 Page 13 of 13 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL CRIME COVERAGE FORM AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL CRIME COVERAGE FORM A. It is agreed that E. Conditions 1. Conditions Applicable to all Insuring Agreements j. Liberalization is deleted in its entirety and replaced by the following J 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 endorsements 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 effective 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. Itis agreed that D. Exclusions 1. i. Pollution is deleted in its entirety and replaced by the following Pollutants Loss or damage caused by or resulting from pollutants. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals petro leum 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. Includes copyrighted material of Insurance Services Office Inc. with its permission. CA 440 08 07 | 2 |
THE CINCINNATI INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS Previous Policy Number EPP0149381 Attached to and forming part of POLICY NUMBER EPP 014 93 81 Effective Date 07 01 2015 NAMED INSURED is the same as it appears in the Common Policy Declarations unless another entry is made here. LIMITS OF INSURANCE 2000000 Each Occurrence Limit 2000000 Aggregate Limit ADVANCE PREMIUM 18079 Applicable to Premium if box is checked Subject to Annual Adjustment Subject to Audit see Premium Computation Endorsement for Rating Basis SCHEDULE OF UNDERLYING INSURANCE Insurer Policy Number Period Underlying Insurance Underlying Limits aW.C. CO TWIN CITY FIRE 37WEBH9071 12 01 2015 TO 12 01 2016 Employer s Liability Bodily Injury by Accident b CINCINNATI INS. CO. EPP 014 93 81 07 01 2015 TO 07 01 2018 Commercial General Liability Including Products Completed Opera tions Coverage Cemetery Professional Druggist Professional Funeral Service Provider Pedorthists Professional or Funeral Service Provider Druggist Professional Business Liability Including 1000000 Each Accident Bodily Injury by Disease 1000000 Each Employee Bodily Injury by Disease 1000000 Policy Limit Bodily Injury and Property Damage Liability 1000 000 Each Occurrence Limit 2000 000 General Aggregate Limit 2000 000 Products Completed Operations Aggregate Limit Personal and Advertising Injury Limit 1000 000 Any One Person or Organization c CINCINNATI INS CO Automobile Liability Bodily Injury Liability Limit EBA0148825 Including Each Person 07 01 2015 TO 07 01 2016 Clowned Autos Each Occurrence CINon Owned Autos Property Damage Liability Limit Hired Autos Each Occurrence Rl Any Auto or Bodily Injury Liability and or Property Damage Liability or Both Combined Limit 1000000 Each Occurrence d Professional Aggregate e CINCINNATI INS. CO. Employee Benefit Liability 1000000 Each Employee Limit EPP 014 93 81 3000000 Aggregate Limit 07 01 2015 TO 07 01 2018 EPP 014 93 81 USC513 05 10 Page 1 of 2 | 2 |
Liquor Liability Each Common Cause Limit Aggregate Limit Other FORMS AND OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART US101uM Us302 USs3043 Us3048 Us3070 USs3093 USs4062 Us407 Us4098 US450PA 1204 1204 1204 1204 0312 0514 1105 1204 0410 0196 COMMERCIAL UMBRELLA TABLE OF CONTENTS POLLUTANT EXCLUSION OTHER THAN AUTO EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS BROAD FORM FUNGI OR BACTERIA EXCLUSION CONTRACTORS LIMITATIONS INCLUDING EXCESS WRAP UP AND INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS LIMITATION EMPLOYEE BENEFIT LIABILITY OFFICE OF FOREIGN ASSETS CONTROL OFAC COMPLIANCE ENDORSEMENT PENNSYLVANIA NOTICE USs3093 EPP 014 93 81 Page 2 of 2 USC513 05 10 | 2 |
COMMERCIAL UMBRELLA TABLE OF CONTENTS Coverage Part Provision Begins on Page Preamble SECTION I COVERAGE.... A. B. C. SECTION Il WHO IS AN INSURED SECTION il LIMITS OF INSURANCE.... SECTION IV CONDITIONS..... OO PON. Premium...... Representations. Separation of Insureds.. Transfer of Rights of Recovery Against Others to Us... When We Do Not Renew SECTION V DEFINITIONS. Insuring Agreement Exclusions... P r 0w 1. Asbestos.... 2. Breach of Contract Failure to Perform Wrong Description and Violation of Another s Rights 3. Contractual Liability... 4. Damage to Impaired Property or Property Not Physically Injured. 5. Damage to Property... 6. 7 8. 9. Damage to Your Product Damage to Your Work Distribution of Material in Violation of Statutes.. Electronic Chatrooms or Bulletin Boards 10. Electronic Data. 11. Employer s Liability Limitation.. 12. Employment Related Practice 13. Expected or Intended Injury 14. Falsity Prior Publication Criminal Act and Media and Internet Type Businesses 15. Infringement of Copyright Patent Trademark or Trade Secret. 16. Pollutant Auto.... 17. Pollutant Other Than Auto. 18. Recall of Products Work or Impaired Property 19. Unauthorized Use of Another s Name or Product. 20. Uninsured Underinsured Motorist 21. War... 22. Workers Compensation COOEOONOIIONONNONNSBRRRR Defense and Supplementary Payments Duties in the First Named Insured.... Legal Action Against Us and Loss Payments Liberalization..... Maintenance of Underlying Insurance. Other Insurance Advertisement.... Authorized representative Auto... Bodily injury Coverage term Coverage territory. Includes copyrighted material of ISO US 101 UM 12 04 Properties Inc. with its permission. Page 10f 22 | 2 |
Coverage Part Provision Begins on Page 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22 23. 24. 25. 26. 27. 28. 29. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT....16.16.16.16.16.16 7 7.18.18.18.19.19.19.19.19.20.20.20.20.20.20.20 Electronic data Employee. Executive officer Hostile fire... Impaired property. Insured contract. Leased worker Loading or unloading Pollutants..... Products completed operations hazar Property damage Subsidiary Suit..... Temporary worker Ultimate net loss Underlying insurance. Your work. Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 2 of 22 | 2 |
COMMERCIAL UMBRELLA 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 COVERAGE A. Insuring Agreement 1. We will pay on behalf of the insured the ultimate net loss which the insured is legally obligated to pay as damages for bodily injury personal and advertising injury or property damage to which this insurance applies a. Which is in excess of the underlying insurance or b. Which is either excluded or not in sured by underlying insurance. 2. This insurance applies to bodily injury personal and advertising injury or property damage only if a. The bodily injury personal and advertising injury or property dam age is caused by an occurrence that takes place in the coverage ter ritory and b. The bodily injury or property dam age occurs during the policy period shown in the Declarations or c. The personal and advertising injury results from an occurrence that takes place during the policy period shown in the Declarations and d. Prior to the coverage term in which bodily injury or property damage occurs or a personal and advertis ing injury offense is committed you did not know per Paragraph 5. be low that the bodily injury or prop erty damage had occurred or had begun to occur in whole or in part or that the personal and advertising injury offense had been committed or had begun to be committed in whole or in part. Bodily injury or property damage which a. Occurs during the coverage term and b. Was not prior to the coverage term known by you per Paragraph 5. 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. Personal and advertising injury caused by an offense which a. Was committed during the coverage term and b. Was not prior to the coverage term known by you per Paragraph 5. below to have been committed includes any continuation change or re sumption of that personal and advertis ing injury offense after the end of the coverage term in which it first became known by you. You will be deemed to know that bodily injury or property damage has oc curred or that a personal and advertis ing injury offense has been committed at the earliest time when any authorized representative a. Reports all or any part of the bodily injury personal and advertising in jury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury personal and adver tising injury or property damage c. First observes or reasonably should have first observed the bodily in jury or property damage or the offense that caused the personal and advertising injury d. Becomes aware or reasonably should have become aware by any means other than as described in c. above that bodily injury or prop Includes copyrighted material of ISO US 101 UM 1204 Properties Inc. with its permission. Page 3 of 22 Soverage Part restrict entire Coverage Part s duties and what is Part the words you ned Insured shown in ther person or organi ed Insured under this we us and our ing this insurance. any person or organi der SECTION Il WHO at appear in quotation g. Refer to SECTION alf of the insured the which the insured is pay as damages for sonal and advertising damage to which this ess of the underlying r excluded or not in rlying insurance. lies to bodily injury dvertising injury or only if njury personal and Iry or property dam d by an occurrence e in the coverage ter ury or property dam uring the policy period eclarations or and advertising injury an occurrence that Iring the policy period eclarations and verage term in which or property damage ersonal and advertis nse is committed you per Paragraph 5. be bodily injury or prop had occurred or had. in whole or in part or | 2 |
6. erty damage had occurred or had begun to occur or that the personal and advertising injury offense had been committed or had begun to be committed or e. Becomes aware or reasonably should have become aware of a condition from which bodily injury personal and advertising injury or property damage is substantially certain to occur. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SECTION I COVERAGE C. Defense and Supplemen tary Payments. Exclusions This insurance does not apply to 1. US 101 UM 1204 Asbestos Any liability arising out of attributable to or any way related to asbestos in any form or transmitted in any manner. Breach of Contract Failure to Perform Wrong Description and Violation of Another s Rights Personal and advertising injury a. Arising out of breach of contract ex cept an implied contract to use an other s advertising idea in your ad vertisement b. Arising out of the failure of goods products or services to conform with any statement of quality or perform ance made in your advertisement c. Arising out of the wrong description of the price of goods products or services stated in your advertise ment or d. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of an other and would inflict personal and advertising injury. Contractual Liability Any liability for which the insured is obli gated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not ap ply to liability for bodily injury personal and adve age a. That abse men b. Asst that vide and dam exec men Damage erty Not Property or proper injured a a. A de dang uct b. Ade actin cont with This excl of use o sudden your pro been put Damage Property any insu penses person replacem or mainte reason ir person of Damage Property arising ot Damage Property out of it the proc ard. This excli aged wol damage behalf by Includes copyrighted material of ISO Properties Inc. with its permission. and advertising injury or property dam age a. That the insured would have in the absence of the contract or agree ment or b. Assumed in a contract or agreement that is an insured contract pro vided the bodily injury personal and advertising injury or property damage occurs subsequent to the execution of the contract or agree ment. 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 a. A defect deficiency inadequacy or dangerous condition in your prod uct or your work or b. 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. Damage to Property Property damage to property owned by any insured including any costs or ex penses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations 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. US 101 UM 1204 Page 4 of 22 | 2 |
10. 1 S 101 UM 1204 Distribution of Material in Violation of Statutes Any liability 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 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 communi cating or distribution of material or information. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 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. Employer s Lial y Limitation Any liability arising from any injury to a. An employee of the insured sus tained in the workplace b. An employee of the insured arising out of the performance of duties re lated to the conduct of the insured s business or c. The spouse child parent brother or sister of that employee as a conse quence of a. or b. above. This exclusion applies a. Whether the insured may be liable as an employer or in any other ca pacity and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply when such insurance is provided by valid and col lectible underlying insurance listed in the Schedule of Underlying Insurance or 12. 13. would have been provided by such listed underlying insurance except for the ex haustion by payment of claims of its limits of insurance and then only for such haz ards for which coverage is provided by such underlying insurance unless oth erwise excluded by this Coverage Part. Employment Related Practices Any liability arising from any injury to a. Aperson arising out of any 1 Refusal to employ that person 2 Termination of that person s employment or 3 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 b. The spouse child parent brother or sister of that person as a conse quence of any injury to that person at whom any of the employment related practices described in Paragraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the insured may be liable as an employer or in any other ca pacity and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 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 intended or expected. However this exclusion does not apply to a. Bodily injury resulting from the use of reasonable force to protect per sons or property or b. Bodily injury or property damage resulting from the use of reasonable force to prevent or eliminate danger Includes copyrighted material of ISO Properties Inc. with its permission. Page 5 of 22 US 101 UM 1204 Page 5 of 22 | 2 |
in the operation of autos or water craft. 14. Falsity Prior Publication Criminal Act and Media and Internet Type Busi nesses Personal and advertising injury a. Arising out of oral or written publica tion of material if done by or at the direction of the insured with knowl edge of its falsity b. Arising out of oral or written publica tion of material whose first publica tion took place before the later of the following 1 The inception of this Coverage Part or 2 The coverage term in which insurance coverage is sought c. Arising out of a criminal act commit ted by or at the direction of the in sured or d. Committed by an insured whose business is 1 Advertising broadcasting pub lishing or telecasting 2 Designing or determining con tent of web sites for others or 3 An Internet search access content or service provider. However Paragraph d. does not apply to Paragraphs 17.a. b. c. d. and i. of personal and advertising injury under SECTION V DEFINI TIONS. For the purposes of Paragraph d. the placing of frames borders or links or advertising for you or oth ers anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 15. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright pat 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. 16. Pollutant Auto a. Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release emis sion or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from an auto that an in sured owns hires borrows rents leases or that is op erated on their behalf in any other fashion b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon an auto that an in sured owns hires borrows rents leases or that is op erated on their behalf in any other fashion 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are ac cepted by the insured for movement into or onto an auto that an insured owns hires bor rows rents leases or that is operated on their behalf in any other fashion or 3 After the pollutants or any property in which the pollutants are contained are moved from an auto that an insured owns hires borrows rents leases or that is operated on their behalf in any other fashion to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to bodily injury or property dam age arising from fuels lubricants or other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto that an in sured owns hires borrows rents leases or that is operated on their Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 6 of 22 | 2 |
1 2 At or 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.1 of this exclusion does not apply to the following if such liability is cov ered by underlying insurance listed in the Schedule of Under lying Insurance but only to the extent insurance is provided at the underlying limit specified in the Schedule of Underlying In surance for the underlying in surance listed and subject to all its terms limitations and condi tions a Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equip ment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the build ing s occupants or their guests b Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your underlying insurance as an additional insured with respect to your ongoing 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 c 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 behalf in any other fashion or its parts if a The pollutants escape seep migrate or are discharged dis persed or released directly from an auto part designed by its manufacturer to hold store re ceive or dispose of such pollut ants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in Paragraphs f.2 and 3 of the definiton of mobile equipment. However this exception to Para graph 1 does not apply if the fuels lubricants or other operating fluids exhaust gases or other similar pol lutants are intentionally discharged dispersed emitted or released. Paragraphs 2 and 3 above do not apply to an occurrence that occurs away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto that an insured owns hires borrows rents leases or that is operated on their behalf in any other fashion if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto that an insured owns hires bor rows rents leases or that is operated on their behalf in any other fashion and b The discharge dispersal seep age migration release emis sion or escape of the pollut ants is caused directly by such upset overturn or damage. Any liability caused by pollutants and arising from the operation maintenance use loading or un loading of an auto for which in surance coverage is excluded by underlying insurance. 17. Pollutant Other Than Auto a. Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release emis sion or escape of pollutants Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 7 of 22 | 2 |
3 Which are or were at any time transported handled stored treated disposed of or proc essed as waste by or for any in sured or any person or organi zation for whom you may be le gally responsible 4 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 Paragraph a.4 of this exclusion does not apply to the following if such liability is cov ered by underlying insurance listed in the Schedule of Under lying Insurance but only to the extent insurance is provided at the underlying limit specified in the Schedule of Underlying In surance for the underlying in surance listed and subject to all its terms limitations and condi tions a Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to per form the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equip ment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part de signed to hold store or re ceive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or re lease of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the prem ises site or location with the intent that they be dis charged dispersed or re leased as part of the opera tions being performed by such insured contractor or subcontractor b 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 c Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or 5 Ator 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. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release escape or emission of pollutants at any time. Any loss cost or expense arising out of any 1 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 2 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 this Paragraph c. does not apply to liability for damages be cause of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement Includes copyrighted material of ISO 11204 Properties Inc. with its permission. Page 8 of 22 US 101 UM 1204 Page 8 of 22 | 2 |
by or on behalf hority. oy pollutants overage is ex insurance. k or Impaired laimed for any rred by you or withdrawal re blacement ad sal of roperty is with market or from ganization be pected defect or dangerous other s Name injury arising se of another s mail address or any other nother s poten I Motorist any insured or insured motor automobile no injury law. sed arising di clared or civil ilitary force in dering or de actual or ex y government using military nts or n revolution tion taken by y in hindering ny of these. 22 WorkersCompensation Any liability or obligation of the insured under any workers compensation un employment compensation disability benefits or similar law. However this ex clusion does not apply to liability of others assumed by you under an insured con tract in existence at the time of occur rence. C. Defense and Supplementary Payments 1. We will have the right and duty to defend the insured against any suit seeking damages because of bodily injury per sonal and advertising injury or property damage to which this insurance applies. We will have no duty to defend the in sured against any suit seeking dam ages for bodily injury personal and ad vertising injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result when a. The applicable limits of the underly ing insurance and any other insur ance have been exhausted by pay ment of claims or b. Damages are sought for bodily in jury personal and advertising in jury or property damage which are not covered by underlying insur ance or other insurance. Our right and duty to defend ends when the applicable Limits of Insurance as stated in the Declarations has been ex hausted by payment of claims. We have no duty to investigate settle or defend any claim or suit other than those circumstances described in Para graph C.1. However we do have the right to participate in the investigation settlement or defense of any claim or suit to which this insurance applies. If we exercise this right we will do so at our expense. If there is no underlying insurer or other insurance obligated to do so we will pay the following when we provide a defense a. All expenses we incur. b. The cost of bail bonds up to 3000. We do not have to furnish these bonds. c. The cost of bonds to appeal a judg ment or award in any claim or suit we defend and the cost of bonds to Includes copyrighted material of ISO Properties Inc. with its permission. Page 9 of 22 18. 19. 20. 21. or such claim or suit by or on behalf of a governmental authority. d. Any liability caused by pollutants for which insurance coverage is ex cluded by underlying insurance. 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 a. Your product b. Your work or c. 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. 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. Uninsured Underinsured Motorist Any liability or obligation to any insured or anyone else under any uninsured motor ist underinsured motorist automobile no fault or first party personal injury law. War Any liability however caused arising di rectly or indirectly out of a. War including undeclared or civil war b. 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 authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. US 101 UM 1204 Page 9 of 22 | 2 |
SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance occupancy or use of an auto a. If you are designated in the Declarations as 1 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. 2 A partnership or joint venture you are an insured. Your members partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your man agers. 4 An organization other than a part nership joint venture or limited li ability company you are an insured. Your executive officers and direc tors are insureds but only with re spect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. Each of the following is also a Named Insured a Any subsidiary company of such organization including any subsidiary of such subsidi ary 1 Existing at the inception of this Coverage Part or 2 Formed or acquired on or after the inception of this Coverage Part. b Any other company controlled and actively managed by such organization or any subsidiary thereof 1 At the inception of this Cov erage Part or 2 If the control and active management thereof is ac quired on or after the incep tion of this Coverage Part. 5 A trust you are an insured. Your trustees are also insureds but only release attachments but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including the ac tual loss of earnings. e. All costs taxed against the insured in the suit. If there is no underlying insurer obligated to do so we will pay the following for an occurrence to which this insurance ap plies even if we have no duty to provide a defense a. Prejudgment interest awarded against the insured on that part of the judgment we become obligated to pay and which falls within the ap plicable Limit of Insurance. If we make an offer to pay the applicable Limits of Insurance we will not pay any prejudgment interest based on the period of time after the offer. b. All interest awarded against the in sured on the full amount of any judgment that accrues 1 After entry of the judgment and 2 Before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limit of In surance. The payments described in Paragraphs 4. and 5. above will not reduce the Limits of Insurance provided by this Coverage Part when defense or supplementary payments provided by the underlying in surance do not reduce their Limits of In surance. However when defense or supplementary payments provided by the underlying insurance reduce their Limits of Insurance then such expense pay ments paid by us will reduce the Limits of Insurance provided by this Coverage Part. If we are prevented by law or otherwise from carrying out any of the provisions of SECTION COVERAGE C. Defense and Supplementary Payments we will pay any expense incurred with our written consent. Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 10 of 22 | 2 |
duties as trus O an insured irs while acting heir duties as inization while ate manager. lization having stody of your only liability arising ance or use of representative ed. tive if you die t to duties as sing out of the bancy or use of with your per hire or borrow ther person or jour executive from whom auto unless anizations are derlying insur hedule of Un d then only for h coverage is derlying insur 1 does not ap trailer or semi an auto you the auto is ployee or a er household is an insured at auto in the ance listed in Underlying In n only for such h coverage is underlying in b The bodily injury or property damage is sustained by a co employee of such employee. 8 Someone using an auto while he or she is working in a business of sell ing servicing repairing parking or storing autos unless that business is yours. 4 Anyone other than your employ ees partners if you are a partner ship members if you are a limited liability company or a lessee or bor rower or any of their employees while moving property to or from an c. Anyone liable for the conduct of an in sured described in Paragraphs 2.a. and b. above is also an insured but only if they are provided insurance coverage for such liability by valid and collectible un derlying insurance listed in the Schedule of Underlying Insurance and then only for such hazards for which coverage is pro vided by such underlying insurance. 3. At your option and subject to the terms of this insurance any additional insureds not ad dressed by Paragraphs 1. and 2. above cov ered in the underlying insurance listed in the Schedule of Underlying Insurance are also in sureds but only to the extent that insurance is provided for such additional insureds there under. No person or organization is an insured with re spect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a Named Insured in the Dec larations. SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara tions and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limit is the most we will pay for all damages a. Included in the products completed op erations hazard b. Because of bodily injury by disease sustained by your employees arising out of and in the course of their employ ment by you or Includes copyrighted material of ISO Properties Inc. with its permission. Page 11 of 22 b. with respect to their duties as trus tees. Each of the following is also an insured 1 2 3 4 Any employee of yours while acting within the scope of their duties as such. Any person or organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. Only with respect to liability arising out of the ownership maintenance occupancy or use of an auto a. b. You are an insured. Anyone else while using with your per mission an auto you own hire or borrow is also an insured except 1 2 The owner or any other person or organization except your executive officers or principals from whom you hire or borrow an auto unless such persons or organizations are insureds in your underlying insur ance listed in the Schedule of Un derlying Insurance and then only for such hazards for which coverage is provided by such underlying insur ance. This exception does not ap ply if the auto is a trailer or semi trailer connected to an auto you own. Your employee if the auto is owned by that employee or a member of his or her household unless a Such employee is an insured with respect to that auto in the underlying insurance listed in the Schedule of Underlying In surance and then only for such hazards for which coverage is provided by such underlying in surance or US 101 UM 1204 Page 11 of 22 | 2 |
US 101 UM 1204 c. Because of bodily injury personal and advertising injury or property damage not included within a. or b. above. How ever this Aggregate Limit will not apply to damages which are not subject to an Ag gregate Limit in the underlying insur ance. The Aggregate Limit applies separately to a. b. and c. The Aggregate Limit described in c. will apply only to damages not subject to a. or b. above. Subject to the Limit of Insurance described in 2.c. above a. Only in the event that underlying insur ance specifically listed in the Schedule of Underlying Insurance provides an annual Aggregate Limit of Insurance for dam ages that would not be subject to 2.a. or b. above that is applicable separately to each 1 Location owned by or rented or leased to you solely with respect to damages which are the result of a claim or suit for bodily injury or property damage which can be at tributed to operations at only a single location then the Aggregate Limit described in 2.c. above applies separately to each location owned by or rented or leased to you. 2 Of your construction projects solely with respect to damages which are the result of a claim or suit for bod ily injury or property damage which can be attributed only to on going operations and only at a single construction project then the Aggre gate Limit described in 2.c. above applies separately to each of your construction projects. b. Only with respect to the application of Limits of Insurance described in 3.a. above the following terms location and construction project will have the follow ing meanings 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 6. 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 entities no matter how often or under how many different contracts will be deemed to be a single construction project. Subject to the limits described in 2. and 3. above the Each Occurrence Limit is the most we will pay for the ultimate net loss a. In excess of the applicable limits of un derlying insurance or b. If an occurrence is not covered by un derlying insurance but covered by the terms and conditions of this Coverage Part Because of all bodily injury personal and advertising injury and property damage arising out of any one occurrence. We will not pay more than the Limit of Insur ance shown in this Coverage Part s Declara tions for each occurrence because any Per sonal Umbrella Liability Policyies is are at tached to this policy. Subject to the limits described in 2. 3. and 4. above and to the terms and conditions of the underlying insurance a. If the limits of underlying insurance have been reduced by payment of claims this Coverage Part will continue in force as excess of the reduced underly ing insurance or b. If the limits of underlying insurance have been exhausted by payment of claims this Coverage Part will continue in force as underlying insurance. The Limits of Insurance of this Coverage Part apply separately to each coverage term. SECTION IV CONDITIONS 1. Appeals If the insured or any insurer who provides the applicable underlying insurance elects not to appeal a judgment which exceeds the un derlying limit we may elect to do so at our own expense. We shall be liable for the tax able costs and disbursements and interest in cidental thereto but in no event shall this pro vision increase our liability beyond a. Our applicable Limits of Insurance for all ultimate net loss b. Our applicable Defense and Supple mentary Payments as described in SEC Includes copyrighted material of ISO Properties Inc. with its permission. Page 12 of 22 US 101 UM 1204 Page 12 of 22 | 2 |
TION COVERAGE C. Defense and Supplementary Payments and c. The expense of such appeal. 2. Audit If this Coverage Part is subject to Audit as in dicated in the Declarations then the following Condition applies a. The premium shown in the Premium Computation Endorsement as Advance Premium is a deposit premium. At the close of each audit period we will com pute the earned premium for that period. 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 due date for audit and retro spective premiums is the date shown as the due date on the bill. However in no event will the earned premium be less than the Minimum Pre mium stated in the Premium Computation Endorsement. b. 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. 3. Bankruptcy Bankruptcy or insolvency of the insured or the insured s estate shall not relieve us of any ob ligations under this Coverage Part. 4. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim or suit. To the extent possible notice should in clude 1 How when and where the occur rence 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. This requirement applies only when the occurrence is known to an authorized representative. Includes copyri US 101 UM 12 04 Properties Inc Defense and 5 and al. to Audit as in n the following the Premium t as Advance mium. At the we will com for that period. s less than the will return the ed Insured or is greater than the difference le to us by the on notice from qudit and retro he date shown bill. il the earned Minimum Pre m Computation nust keep rec need for pre nd us copies at lest. insured or the e us of any ob art. ance Claim or are notified as 1 occurrence n or suit. To ce should in re the occur resses of any itnesses and on of any injury of the occur only when the an authorized If a claim is made or suit is brought against any insured that is likely to in volve this Coverage Part 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. This requirement will not be considered breached unless the breach occurs after such claim or suit is known to an authorized representative. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 8 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. 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. First Named Insured The person or organization first named in the Declarations will act on behalf of all other in sureds where indicated in this Coverage Part. Legal Action Against Us and Loss Pay ments a. No legal action may be brought against us unless there has been full compliance with all the terms of this Coverage Part nor until the amount of the insured s obli gation to pay has been finally determined as provided below. No person or organi zation has any right under this Coverage Part to bring us into any action to deter mine the liability of the insured. We shall be liable for payment of the ul timate net loss for any occurrence to which this Coverage Part applies 1 For occurrences not covered by underlying insurance or Includes copyrighted material of ISO Properties Inc. with its permission. Page 13 of 22 Page 13 of 22 | 2 |
2 In excess of the underlying limit applicable to the occurrence only after the insurers who provide the applicable underlying insurance have paid or become obligated to pay the amount of the underlying limit applicable to the occurrence. Our payment will be made following final determination of the amount of the in sured s obligation to pay either by final judgment against the insured or by writ ten agreement with the insured the claimant the underlying insurers and us. 7. 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 at 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. 8. Maintenance of Underlying Insurance a. While this Coverage Part is in effect the insured shall maintain in force the un derlying insurance listed in the Schedule of Underlying Insurance as collectible in surance. The terms conditions and en dorsements of underlying insurance will not materially change and renewals or replacements of underlying insurance will not be more restrictive in coverage. b. Limits of underlying insurance will not be reduced except for any reduction or exhaustion in the aggregate limits of in surance due to payment of claims which are in accordance with SECTION COVERAGE A. Insuring Agreement Paragraph 2. of this Coverage Part. c. Inthe event you fail or neglect to maintain underlying insurance as required this Coverage Part will apply as though such underlying insurance was in force and collectible at the time a claim is presented to us which is in accordance with SEC TION COVERAGE A. Insuring Agreement Paragraph 2. of this Cover age Part. Includes copyri US 101 UM 12 04 Properties Inc nderlying limit currence only 10 provide the g insurance e obligated to he underlying occurrence. following final unt of the in either by final red or by writ insured the surers and us. 2ginning of this licy period we ns or endorse which there is n charge and erage than this I automatically e latter of the change in art became ef until the end of will make no this additional surance s in effect the force the un 1 the Schedule s collectible in jitions and en insurance will d renewals or ing insurance n coverage. rance will not y reduction or ate limits of in f claims which SECTION y Agreement age Part. lect to maintain required this s though such s in force and m is presented nce with SEC A. Insuring of this Cover 10. 1. 12. d. The limits of underlying insurance shall be deemed applicable regardless of any defense which the insurer who provides the underlying insurance may assert because of the insured s failure to comply with any Condition of the policy or the in ability of the insurer to pay by reason of bankruptcy or insolvency. Other Insurance This insurance is excess over and shall not contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insur ance specifically written as excess over this Coverage Part. Premium The premium for this Coverage Part shall be as stated in the Declarations. The advance and anniversary premiums are not subject to adjustment except as stated in the Declara tions or as stated in an endorsement issued by us to form a part of this Coverage Part. You shall maintain records of such information as is necessary for premium computation and shall if requested by us send copies of such records to us at the end of the coverage term and at such times during the policy pe riod as we may direct. Representations a. By acceptance of this Coverage Part you agree that the statements in the Declara tions are your agreements and repre sentations that this Coverage Part is is sued in reliance upon the truth of such representations and that this Coverage Part embodies all agreements existing between you and us or any of our agents relating to this insurance. b. However to the extent that the following applies in the underlying insurance listed specifically in the Schedule of Un derlying Insurance it will also apply to this Coverage Part Based on our reliance upon your repre sentations as to existing hazards if un intentionally you should fail to disclose all such hazards at the inception date of this Coverage Part we will not reject cover age under this Coverage Part based solely on such failure. 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 ISO Properties Inc. with its permission. Page 14 of 22 Page 14 of 22 | 2 |
were the only against whom ought. very Against recover all or ave made un 10se rights are sured must do them. At our bring suit or s and help us applied as fol se anyone in the amounts 1 that were in ts bursed to the yment and eft after meet lined in 1 and ributed to any s at the time a who is legally ry. recovery shall interests in the coveries as fi recovery as a shall bear all of to which this you and the underlying in in the Sched Ice waive any person or or image we will ve may have anization. Coverage Part irst Named In s written notice n 30 days be ling will be suf SECTION V DEFINITIONS 1. Advertisement means a notice that is broad cast or published to the general public or spe cific market segments about your goods products or services for the purpose of at tracting customers or supporters. Adver tisement includes a publicity article. For the purposes of this definition a. Notices that are published include mate rial placed on the Internet or on similar electronic means of communication and 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. 2. Authorized representative means a. If you are 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. Your employees assigned to manage your insurance program or assigned to give or receive notice of an occurrence claim or suit are also authorized repre sentatives. 3. Auto means a. Any land motor vehicle trailer or semi trailer designed for travel on public roads or Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally ga raged. Auto does not include mobile equipment. Includes copyrighted material of ISO Properties Inc. with its permission. Page 15 of 22 b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 13. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made un der 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. Any recoveries shall be applied as fol lows 1 First we will reimburse anyone in cluding the insured the amounts actually paid by them that were in excess of our payments 2 Next we will be reimbursed to the extent of our actual payment and 3 Lastly any amounts left after meet ing the obligations outlined in 1 and 2 above will be distributed to any one else known to us at the time a recovery is made and who is legally entitled to such recovery. Expenses incurred in the recovery shall be apportioned among all interests in the ratio of their respective recoveries as fi nally settled. If there is no recovery as a result of our attempts we shall bear all of the recovery expenses. If prior to an occurrence to which this Coverage Part would apply you and the issuer of your applicable underlying in surance listed specifically in the Sched ule of Underlying Insurance waive any right of recovery against a person or or ganization for injury or damage we will also waive any rights we may have against such person or organization. 14. 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. US 101 UM 1204 Page 15 of 22 | 2 |
10. 1. Bodily injury means bodily harm or injury sickness disease disability humiliation shock fright mental anguish or mental injury including care loss of services or death re sulting 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 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. Coverage territory means anywhere. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically con trolled equipment. Employee includes a leased worker. Em ployee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any similar governing document. Hostile fire means one that becomes un 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 arm or injury humiliation r mental injury s or death re time. llowing individ r policy period prise the policy 1 the Effective t at 1201 AM ailing address and if a multi onsecutive an ortion thereof if of less than 12 jual coverage term ends at at your mailing arations on the eriod shown in or which this Cov i is terminated uance of this erage term is period of less tional period of part of the last where. 1ation facts or ted or used on outer software tions software tapes drives 5 or any other ctronically con worker. Em a temporary berson holding eated by your or any similar becomes un 1 where it was gible property our work that because 12. It incorporates your product or your work that is known or thought to be de fective deficient inadequate or danger ous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. How ever that portion of the contract for a lease of premises that indemnifies any person or organization for property damage by fire or explosion to premises while rented to you or temporarily occu pied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement ex cept in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agree ment pertaining to your business other than a contract or agreement pertaining to the rental or lease of any auto in cluding an indemnification of a municipal ity 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 or That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured con tract to the extent that it obligates you or any of your employees to pay for prop erty damage to any auto rented or leased by you or any of your employ ees. Includes copyrighted material of ISO Properties Inc. with its permission. Page 16 of 22 US 101 UM 1204 Page 16 of 22 | 2 |
Paragraphs f. and g. do not include that part of any contract or agreement 1 2 3 4 5 US 101 UM 1204 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 road property and affecting any rail road bridge or trestle tracks road beds tunnel underpass or crossing. However if such liability is insured by valid and collectible underlying in surance as listed in the Schedule of Underlying Insurance this Para graph 1 shall not apply for such hazards for which insurance cover age is afforded by such underlying insurance 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 reports sur veys field orders change or ders or drawings and specifica tions 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 injury or damage arising out of the insured s rendering or fail ure to render professional services including those listed in Paragraph 2 above and supervisory inspec tion architectural or engineering ac tivities 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 sultir pers arisir or f servi listec 6 That or sear prov out ure Inter limite butic tion hosti main endi prov othel 7 Und site Inter servi injur insur der listec 8 That rente your loan drive 9 That enge porti harn over or or by p 13. Leased work 14 you by a labx ment betweer to perform d your business pervisors furn firm. Lease temporary we Loading or u property a. Afteritis accepted aircraft w b. While it i or auto Includes copyrighted material of ISO Properties Inc. with its permission. 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 6 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 engines marketing analysis and providing access to the Internet or other similar networks 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 8 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 9 That holds a person or organization engaged in the business of trans porting property by auto for hire harmless for your use of an auto over a route or territory that person or organization is authorized to serve by public authority. 13. Leased worker means a person leased to 14 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 it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or Page 17 of 22 | 2 |
om an aircraft place where it es not include 1eans of a me and truck that watercraft or y of the follow luding any at t y forklifts and for use princi e solely on or or rent vler treads pelled or not vide mobility to s loaders dig or resurfacing raders scrap a. b c.ord. pelled and are vide mobility to lipment of the nps and gen aying welding physical explo well servicing similar devices workers a. b c.ord. y for purposes ion of persons hicles with the ently attached ile equipment rimarily for e but not con acing or 16. 17. 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 a. An accident including continuous or re peated exposure to substantially the same general harmful conditions that re sults in bodily injury or property dam age or b. An offense that results in personal and advertising injury. All damages arising from the same acci dent continuous or repeated exposure to substantially the same general harmful conditions act or offense shall be deemed to arise from one occurrence regardless of 1 The frequency of repetition 2 The number or kind of media used or 8 The number of claimants. Personal and advertising injury means in jury including bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Abuse of process d. 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 e. Defamation of character including oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Includes copyrighted material of ISO Properties Inc. with its permission. Page 18 of 22 15 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 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 Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders dig gers or drills or 2 Road construction or resurfacing equipment such as graders scrap ers or rollers Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and 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 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 US 101 UM 1204 Page 18 of 22 | 2 |
18 f. Oral or written publication in any manner of material that violates a person s right of privacy g. The use of another s advertising idea in your advertisement h. Infringing upon another s copyright trade dress or slogan in your advertisement or i. Discrimination unless insurance cover age therefor is prohibited by law or stat ute. Pollutants mean 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 in clude but are not limited to substances which are generally recognized in industry or gov ernment to be harmful or toxic to persons property or the environment regardless of whether the injury or damage is caused di rectly or indirectly 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. b When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service 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 or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 20. Property damage means 21. 22 a. Physical injury to or destruction of tangi ble property including all resulting loss of use. Al such loss of use shall be deemed to occur at the time of the physi cal injury or destruction 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. Subsidiary means any organization in which more than 50 of the outstanding securities or voting rights representing the present right to vote for election of directors is owned or controlled directly or indirectly in any combi nation by one or more of the Named In sureds. Suit means a civil proceeding in which money damages because of bodily injury personal and advertising injury or property damage to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such money 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 money dam ages are claimed and to which the in sured submits with our consent or c. An appeal of a civil proceeding. Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 19 of 22 | 2 |
1 Any goods or products other than real property manufactured sold han dled 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 ma terials parts or equipment furnished in connection with such goods or prod ucts. 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. 29. 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. 23. Temporary worker means a person who is 24. 25. 26. 27. furnished to you to a. Substitute for a permanent employee on leave or b. Meet seasonal or shortterm workload conditions. Ultimate net loss means the sum actually paid or payable in the settlement or satisfac tion of the insured s legal obligation for dam ages covered by this insurance either by adjudication or compromise. Ultimate net loss does not include Defense and Supple mentary Payments as described in SECTION 1 COVERAGE C. Defense and Supplemen tary Payments of this Coverage Part. Underlying insurance means the insurance listed in the Schedule of Underlying Insurance and the insurance available to the insured under all other insurance policies applicable to the occurrence. Underlying insurance also includes any type of self insurance or alternative method by which the insured ar ranges for funding of legal liabilities that af fords coverage that this Coverage Part cov ers. Underlying limit means the total of the appli cable limits of all underlying insurance less the amount if any by which the applicable limit of the applicable policy listed in the Schedule of Underlying Insurance has been reduced solely by payment of loss resulting from claims which are in accordance with SECTION COVERAGE A. Insuring Agreement Paragraph 2. of this Coverage Part. Workplace means that place and during such hours to which the employee sustain ing injury was assigned by you or any other person or entity acting on your behalf to work on the date of occurrence. 28. Your product a. Means Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 20 of 22 | 2 |
NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART A. SECTION COVERAGE B. Exclusions is modified to add the following This insurance does not apply to 1. US 101 UM 1204 Any liability a. With respect to which an insured un der the policy is also an insured un der a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters or 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 b. Resulting from the hazardous prop erties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to in demnity 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. Any liability resulting from the hazardous properties of nuclear material if a. The nuclear material 1 is at any nuclear facility owned by or oper ated by or on behalf of an insured or 2 has been discharged or dis persed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used proc essed stored transported or di posed of by or on behalf of an in sured or c. The injury or damage arises out of the furnishing by an insured of serv ices materials parts or equipment in connection with the planning con struction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territo ries or possessions or Canada this Exclusion c. applies only to property damage to such nuclear facility and any property thereat. B. SECTION V DEFINITIONS is hereby modi fied to add the following definitions 1. Hazardous properties include radioac tive toxic or explosive properties 2. Nuclear material means source mate rial special nuclear material or by product material 3. Source material special nuclear mate rial and by product material have the meanings given them in the Atomic En ergy Act of 1954 or in any law amenda tory thereof 4. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor 5. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri marily for its source material content and b resulting from the operation by any person or organization of any nu clear facility included under the first two paragraphs of the definition of nuclear facility. 6. Nuclear facility means Any nuclear reactor Any equipment or device designed or used for 1 separating the iso topes of uranium or plutonium 2 processing or utilizing spent fuel 8 or handling processing or pack aging waste c. Any equipment or device used for the processing fabricating or alloy ing of special nuclear materials if at any time the total amount of such material in the custody of the insured at the premises where such equip ment or device is located consists of or contains more than 25 grams of Includes copyrighted material of ISO Properties Inc. with its permission. Page 21 of 22 US 101 UM 1204 Page 21 of 22 | 2 |
plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations con ducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fis sion in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. Includes copyrighted material of ISO Properties Inc. with its permission. US 101 UM 1204 Page 22 of 22 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTANT EXCLUSION OTHER THAN AUTO This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SECTION COVERAGE B. Exclusions and in the Professional Umbrella Liability Coverage Part and the Professional Umbrella Liability Coverage Part Claims Made only Subparagraph 1. is modified as follows Exclusion 17. Pollutant Other Than Auto Ex clusion 1.q. in the Professional Umbrella Liability Coverage Part and the Professional Umbrella Li ability Coverage Part Claims Made is hereby deleted and replaced by the following Pollutant Other Than Auto This insurance does not apply to a. Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease emission or escape of pollutants 1 At or from any premises site or location which is or was at any time owned or oc cupied by or rented or loaned to any in sured. 2 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 storage disposal processing or treat ment of waste 8 Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for any insured or any person or organiza tion for whom you may be legally respon sible or 4 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations if the pollutants are brought on or to the premises site or lo cation in connection with such operations by such insured contractor or subcon tractor. Subparagraphs a.1 and a.4 do not apply a To bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire or b If insurance is provided to the in sured by underlying insurance specifically listed in the Schedule of Underlying Insurance at the under lying limit scheduled but only to the extent bodily injury or property damage coverage is provided by that underlying insurance specifi cally listed in the Schedule of Un derlying Insurance and subject to all its terms and conditions. 5 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations if the operations are to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release es cape emission of pollutants at any time. 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring cleaning up removing containing treating de toxifying or neutralizing or in any way re sponding to or assessing the effects of pollutants. However this paragraph does not apply to li ability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a govern mental authority. d. Any liability caused by pollutants ex cluded by underlying insurance. Includes copyrighted material of ISO Properties Inc. with its permission. US 302 12 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS EIFS AND DIRECT APPLIED EXTERIOR FINISH SYSTEMS DEFS BROAD FORM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE 1. SECTION COVERAGE B. Exclusions and in the Professional Umbrella Liability Coverage Part and the Professional Umbrella Liability Coverage Part Claims Made only Subparagraph 1. is modified to add the fol lowing This insurance does not apply to any liability that arises out of is caused by or is attribut able to whether in whole or in part any of the following a. The design manufacture sale service handling construction fabrication prepa ration installation application mainte nance disposal or repair including re modeling service correction or re placement of a wall finish system or any part thereof including any method or procedure used to correct problems with installed or partially installed wall finish systems or Any work or operations conducted by or on behalf of any insured on or to a wall finish system or any component thereof or any component of a building or struc ture to which a wall finish system at taches that results directly or indirectly in the intrusion of water or moisture includ ing any resulting development or pres ence of fungi or bacteria on or within a building or structure including its con tents regardless of whether any other cause event material or product con tributed concurrently or in any sequence to such injury or damage. This exclusion also applies to any liability a. US 3043 1204 For which any insured assumes liability in any part of any contract or agreement regardless of whether such contract or agreement is an insured contract Arising out of caused by or attributable to whether in whole or in part warranties or representations made at any time with respect to the fitness quality durability or performance of a wall finish system and Arising out of caused by or attributable to whether in whole or in part the pro viding of or failure to provide any warning or instructions with regard to a wall finish system. 2. SECTION V DEFINITIONS is amended to include the following a. Direct applied exterior finish system commonly referred to as DEFS means an exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1 Arigid or semi rigid substrate 2 The adhesive and or mechanical fasteners used to attach the sub strate to the structure including any water durable exterior wall substrate 8 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface tex ture to which color may be added and 5 Any conditioners primers accesso ries flashing coatings caulking or sealants used with the system for any purpose that interact to form an energy efficient wall. Exterior insulation and finish system commonly referred to as synthetic stucco or EIFS means an exterior clad ding or finish system and all component parts therein used on any part of any structure and consisting of 1 Arigid or semi rigid insulation board made of expanded polystyrene or other materials Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 2 US 3043 1204 Page 10of 2 | 2 |
2 The adhesive and or mechanical fasteners used to attach the insula tion board to the substrate 3 A reinforced or unreinforced base coat or mesh 4 A finish coat providing surface tex ture to which color may be added and 5 Any conditioners primers accesso ries flashing coatings caulking or sealants used with the system for any purpose that interact to form an energy efficient wall. Fungi means any type or form of fun gus and includes but is not limited to any form or type of mold mushroom or mildew and mycotoxins spores scents or byproducts produced or released by fungi. Wall finish system means 1 An exterior insulation and finish 2 A direct applied exterior finish sys tem or 3 Any energy efficient exterior cladding or finish system substantially similar to Paragraph 1 or 2 above. Includes copyrighted material of Insurance Services Office Inc. with its permission. US 3043 1204 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART CLAIMS MADE SECTION COVERAGE B. Exclusions and in the Professional Umbrella Liability Coverage Part and the Professional Umbrella Liability Coverage Part Claims Made only Subparagraph 1. is modified to add the fol lowing This insurance does not apply to a. Any liability caused directly or indirectly in whole or in part by any actual alleged or threatened 1 Inhalation of 2 Ingestion of 3 Contact with 4 Absorption of 5 Exposure to 6 Existence of or 7 Presence of any fungi or bacteria on or within a building or structure including its con tents whether occurring suddenly or gradually b. Any loss cost or expense associated in any way with or arising out of the abat ing testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating mitigating or disposing of or in any way responding to investigating or assessing the effects of fungi or bacteria by any insured or by any other person or entity c. Any liability with respect to fungi or bacteria arising out of resulting from caused by contributed to or in any way related to any supervision instruction recommendation warning or advice given or which should have been given in connection with 1 The existence of fungi or bacteria 2 The prevention of fungi or bacteria 8 The remediation of fungi or bacte ria 4 Any operation described in Para graph b. above 5 Your product or 6 Your work or d. Any obligation to share damages with or repay any person organization or entity related in any way to the liability excluded in Paragraphs a. b. or c. above regardless of any other cause event mate rial product andor building component that contributed concurrently or in any sequence to the injury or damage. However this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for human ingestion. For the purposes of this endorsement SEC TION V DEFINITIONS is amended to include the following Fungi means any type or form of fungus and includes but is not limited to any form or type of mold mushroom or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Includes copyrighted material of ISO Properties Inc. with its permission. US 3048 1204 | 2 |
US 3070 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATIONS INCLUDING EXCESS WRAP UP AND INJURY OR DAMAGE TO OR RESULTING FROM YOUR WORK AND INJURY OR DAMAGE RESULTING FROM YOUR PRODUCT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SECTION COVERAGE is amended to in clude the following To the extent such liability is insured by valid and collectible underlying insurance as listed and described in the Schedule of Underlying Insurance and then only for such hazards for which coverage is afforded by such underly ing insurance SECTION COVERAGE A. Insuring Agreement is amended to include damages which you become legally obligated to pay because of A Property damage that is 1. To your work if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor or 2. To property other than your product or your work if the property dam age is caused by or results from your product or your work if such property damage 1. Consists of physical injury to tangible property including all immediately ensuing resulting loss of use of that property and 2. Is included within the products completed operations hazard. Property damage for which this Para graph A. provides coverage shall be deemed to be caused by an occurrence. However we will not pay for 1. Property damage that was a result of willful wanton or intentional mis conduct or 2. Property damage that was to de fective or faulty work. B. Bodily injury that is caused by or results from your work or your product if such bodily injury is included within the prod ucts completed operations hazard. Bodily injury for which this Paragraph B. provides coverage shall be deemed to be caused by an occurrence. However we will not pay for bodily injury that was a result of willful wanton or in tentional misconduct. C. With respect to the coverage provided under Section I. Paragraphs A. and B. this endorsement does not serve to limit or restrict the applicability of any exclusion or limitation under this Coverage Part. SECTION COVERAGE B. Exclusions and in the Professional Umbrella Liability Coverage Part and the Professional Umbrella Liability Coverage Part Claims Made only Subparagraph 1. is modified as follows A. The following exclusions are hereby added 1. This insurance does not apply to a. Property damage to 1 Leased rented or borrowed equipment or 2 Property being transported installed erected or worked upon by the insured or any contractors or subcontrac tors working directly or indi rectly on any insured s be half. b. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 US 3070 03 12 Page 10f3 | 2 |
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