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2. The 1 Providing engineering ar chitectural or surveying ser vices to others or 2 Providing or hiring inde pendent professionals to provide engineering archi tectural or surveying ser vices in connection with construction work you per form. Professional services indude 1 The preparing approving or failing to prepare or ap prove maps shop draw ings opinions reports sur veys field orders change orders or drawings and specifications and 2 Supervisory or inspection activities performed as part of any related architectural or engineering activities. However to the extent coverage is provided by valid and collecti ble underlying insurance as listed in the Schedule of Underly ing Insurance and then only for such hazards for which coverage is afforded by such underlying insurance professional services shall not include services within construction means methods techniques sequences and pro cedures employed by you in connection with construction work you perform. following exclusions apply unless insurance is provided to the insured by valid and collectible un derlying insurance as listed in the Schedule of Underlying Insurance but only to the extent insurance is provided at the underlying limit scheduled for such underlying insur ance and subject to all its limitations and exclusions This insurance does not apply to a. 700312 Property damage arising out of 1 Blasting or explosion other than the explosion of air or steam vessels piping under pressure prime movers machinery or power trans mitting equipment or 2 The collapse of or structural injury to any building or structure due to Grading of land exca vating burrowing filling or backfilling tunneling pile driving cofferdam work or caisson work or b Moving shoring un derpinning raising or demolition of any build ing or structure or re moval or rebuilding of any structural support thereof. b. Property damage to wires conduit pipes drains sewers tanks tunnels or other similar property or any apparatus in connection therewith below the surface of the ground if such property damage is caused by and occurs during the use of mechanical equipment for the purpose of grading of land pav ing excavating drilling burrow ing filling backfilling or pile driv ing. c. Any liability arising out of any project insured at any time under an owner or contractor controlled insurance program often re ferred to as a wrap up plan or program or similar insurance plan or program. B. Exclusion 3. Contractual Liability Ex clusion 1.c. in the Professional Umbrella Liability Coverage Part and the Profes sional Umbrella Liability Coverage Part Claims Made is deleted and replaced by the following This insurance does not apply to Any liability for which any insured is obli gated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply if such li ability is insured by valid and collectible underlying insurance as listed and de scribed in the Schedule of Underlying In surance and then only for such hazards for which coverage is afforded by such underlying insurance. lll. SECTION IV CONDITIONS 7. Liberaliza tion is amended to include the following 7. Liberalization If a Coverage Part includes US 3070 06 09 Contractors Limitations Including Excess Wrap Up and Property Damage Includes copyrighted material of I1SO Properties Inc. with its permission. Page 20f 3 US 3070 03 12 Page 20f 3
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Caused By Work Performed For You By Your Subcontractors Coverages this endorsement will apply retroactively for the period US 3070 06 09 was effective on that Coverage Part. IV. 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. Includes copyrighted material of ISO Properties Inc. with its permission. US 3070 03 12 Page 30f 3
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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 UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SECTION I 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 delete Exclusion 10. Electronic Data in its entirety and replace it with the following This insurance does not apply to 10. Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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 that which is described in Paragraph a. or b. above. However this exclusion does not apply 1 To damages because of bodily injury unless Paragraph a. above applies and 2 When such insurance is provided by valid and collectible underlying insurance listed in the Schedule of Underlying Insurance or would have been provided by such listed underlying insurance except for the exhaustion by payment of claims of its limits of insurance and then only for such hazards for which coverage is provided by such underlying insurance unless otherwise excluded by this Coverage Part. Includes copyrighted material of Insurance Services Office Inc. with its permission. US 3093 05 14
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS LIMITATION 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 I 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 following This insurance does not apply to Any liability arising out of the ownership maintenance occupancy operation use loading or unloading of any land vehicle that would qualify under the definition of mobile equipment if it were not subject to a com pulsory or financial responsibility law or other motor vehicle insurance law unless such liability is covered by valid and collectible underlying insurance as listed in the Schedule of Underlying Insurance and then only for such hazards for which coverage is afforded by such underlying insurance unless otherwise excluded by this Coverage Part. Includes cogrighted material of Insurance Services Office Inc. with its permission US 4062 1105
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFIT LIABILITY 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 This policy is modified to add the following SECTION COVERAGE A. Insuring Agreements is modified to add the following EMPLOYEE BENEFIT LIABILITY We will pay on behalf of the insured the ultimate net loss which the insured is legally obligated to pay as damages because of any negligent act error or omission of the insured or any other person for whose acts the insured is legally liable arising out of the administration of the insured s employee benefit pro grams. This insurance applies only to negligent acts errors or omissions a. Whose damages are in excess of the underlying insurance provided by an Employee Benefit Li ability policy listed in the Schedule of Underlying Insurance and b. Which occur during the policy period. SECTION I 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 following exclusion This insurance does not apply to Any liability arising out of employee benefit programs unless such liability is covered by valid and collecti ble underlying insurance as listed in the Schedule of Underlying Insurance and then only for such haz ards for which coverage is afforded by such underlying insurance. US 407 12 04
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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 COMMERCIAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART CLAIMS MADE SECTION IV 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. US 4098 04 10
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PENNSYLVANIA NOTICE An Insurance Company its agents emJanees or service contractors acting on its behalf maf Froyide serv ices to reduce the likelihood of injury death or loss. These services may include any of the following or re lated services incident to the application for issuance renewal or continuation of a policy of insurance 1. surveys 2. consultation or advice or 3. inspections. The Insurance Consultation Services Exemption Act of Pennsylvania provides that the Insurance Company its agents employees or service contractors acting on its behalf is not liable for damages from injury death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services. The Act does not apply 1. if the injury death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company its agents employees or service contractors 2. to consultation services required to be performed under a written service contract not related to a policy of insurance or 3. if any acts or omissions of the Insurance Company its agents employees or service contractors are ju dicially determined to constitute a crime actual malice or gross negligence. US 450 PA 01 96
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N TRAVELERSJ Report Claims Immediately by Calling 1 877 828 4132 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for JUDDS BROS CONSTRUCTION CO. 3835 N 68TH ST. LINCOLN NE 68507 Presented by LOCKTON COMPANIES LLC N TRAVELERSJ Report Claims Immediately by Calling 1 877 828 4132 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for JUDDS BROS CONSTRUCTION CO. 3835 N 68TH ST. LINCOLN NE 68507 Presented bv LOCKTON COMPANIESLLC N TRAVELERSJ Report Claims Immediately by Calling 1 877 828 4132 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for JUDDS BROS CONSTRUCTION CO. 3835 N 68TH ST. LINCOLN NE 68507 N TRAVELERSJ Report Claims Immediately by Calling 1 877 828 4132 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for JUDDS BROS CONSTRUCTION CO. 3835 N 68TH ST. LINCOLN NE 68507
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P N TRAVELERS One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 CONSTRUCTION WATER SEWER UTILITI COMMON POLICY DECLARATIONS ISSUE DATE 071717 POLICY NUMBER DT CO2H313873 COF17 INSURING COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY 1. NAMED INSURED AND MAILING ADDRESS JUDDS BROS CONSTRUCTION CO. AS PER IL T8 00 3835 N 68TH ST. LINCOLN NE 68507 2. POLICY PERIOD From 063017 to 063018 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03 4. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 COF EMPLOYEE BENEFITS LIABILITY COV PART DECLARATIONS CG TO 09 09 93 COF. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company SEE CALCULATION OF PREMIUM COMPOSITE RATES ENDORSEMENT 7. PREMIUM SUMMARY Provisional Premium 47879 Due at Inception 12122 Due at Each SEE IL TO 30 NAME AND ADDRESS OF AGENT OR BROKER COUNTERSIGNED BY LOCKTON COMPANIES LLC DBB83 13710 FNB PKWY STE 400 OMAHA NE 681545298 Authorized Representative COUNTERSIGNED BY Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE OMAHA PAGE 1 OF 1
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P N TRAVELERS POLICY NUMBER DT CO2H313873 COF17 EFFECTIVE DATE 06 30 17 ISSUE DATE 07 17 17 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL IL IL IL IL IL IL IL TO T8 TO TO TO T3 T8 T8 02 01 01 30 03 02 00 03 11 10 01 12 04 07 89 93 07 90 96 86 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS COMMON POLICY CONDITIONS NON STANDARD PAYMENT SCHEDULE LOCATION SCHEDULE CALCULATION OF PREMIUM COMPOSITE RATE S GENERAL PURPOSE ENDORSEMENT GENERAL PURPOSE ENDORSEMENT GENERAL LIABILITY CONTRACTORS TO D4 D3 TO TO TO 00 T8 D4 D4 20 22 22 Dl D2 D2 D3 D2 D2 D2 D3 D3 D3 D3 D5 D6 D7 DO Dl D1 D2 D2 D2 T4 01 69 05 07 08 34 01 00 20 71 10 68 92 54 03 46 16 43 88 93 22 26 56 91 46 18 46 76 42 73 04 40 42 78 11 07 07 09 11 11 10 07 01 10 09 12 09 12 08 11 01 11 11 01 10 05 08 10 10 01 06 01 11 06 09 01 02 03 14 08 87 03 03 01 08 15 01 97 07 13 97 05 11 02 03 03 04 11 14 13 11 11 15 93 99 03 01 15 02 90 COML GENERAL LIABILITY COV PART DEC TOT AGG LIMIT OTHER THAN PROJECTS DEDUCTIBLE LIABILITY INSURANCE DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COV FORM GENERAL PURPOSE ENDORSEMENT AMEND OTHER INS COND MEAN OTHER INS INSR AMEND COVERAGE B PERS ADV INJURY ADDL INSD OWNER LESSEE CONTRACTOR B OPERATION OF CUSTOMERS AUTOS SNOW PLOW OPERATIONS COVERAGE COV FOR BI CO EMPLOY OR OTHER VOLUNTEER AMEND NON CUMULATION OF EACH OCC BLANKET ADDITIONAL INSURED CONTRACTORS CONTRACTORS XTEND ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL CONSTRUCT MANAGE ERRORS OMISSIONS EXCLUSION SUITS BY ONE NAMED INSURED EXCLUSION UNSOLICITED COMMUNICATION MOBILE EQUIP REDEFINED EXCL OF VEHICLES EXCL PROJ SUBJ TO WRAP UP LTD EXCEPTIONS EXCL ARCHITECT ENG SURVEY PROF SERV EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCL ACCESS OR DISCL OF CONF PERS INFO EXCLUSION LEAD EXCLUSION DISCRIMINATION AMEND POLL EXCL INCL LTD COV POLL COSTS EXCL EXTERIOR INSULATION FINISH SYSTEM EXCLUSION SILICA OR SILICA RELATED DUST EXCLUSION WAR EXCLUSION ASBESTOS PAGE ILT8 011093
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P N TRAVELERS POLICY NUMBER DT CO2H313873 COF17 EFFECTIVE DATE 06 30 17 ISSUE DATE 07 17 17 GENERAL LIABILITY CONTRACTORS CONTINUED CG T4 81 11 88 EXC HAZARD CONNECTED DESIGNATED EXPOSURE CG TO 09 09 93 EMPLOYEE BENEFITS LIAB COV PART DEC CG TO 43 01 16 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COV FORM INTERLINE ENDORSEMENTS IL IL IL IL IL IL T3 T4 T4 T4 00 02 68 05 12 14 21 59 01 03 03 01 05 09 15 11 15 15 02 07 FEDERAL TERRORISM RISK INS ACT DISCLOSE DESIGNATED ENTITY CANC PROVIDED BY US AMNDT COMMON POLICY COND PROHIBITED COVG CAP ON LOSSES CERTIFIED ACT OF TERRORISM NUCLEAR ENERGY LIAB EXCL END BROAD FORM NE CHANGES CANCELLATION AND NONRENEWAL PAGE ILT8 011093
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COMMON POLICY CONDITIONS A. Cancellation 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy or any Coverage Part by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or b. 30 days before the effective date of can cellation if we cancel for any other rea son. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. 5. If this policy or any Coverage Part is can celled we will send the first Named Insured any premium refund due. If we cancel the re fund will be pro rata. If the first Named In sured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a re fund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us as part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time D. All Coverage Parts included in this policy are subject to the following conditions during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspec tions surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advi sory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or rec ommendations we may make relative to certi fication under state or municipal statutes or dinances or regulations of boilers pressure vessels or elevators. Premiums 1. The first Named Insured shown in the Decla rations a. Is responsible for the payment of all pre miums and b. Will be the payee for any return premi ums we pay. 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The pre mium shown in the Declarations was com puted based on rates and rules in effect at IL TO 01 01 07 Rev. 06 09 Includes the copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2
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the time the policy was issued. On each re newal continuation or anniversary of the ef fective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary cus tody of your property will have your rights and duties but only with respect to that property.. Equipment Breakdown Equivalent to Boiler and Machinery On the Common Policy Declarations the term Equipment Breakdown is understood to mean and include Boiler and Machinery and the term Boiler and Machinery is understood to mean and include Equipment Breakdown. This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is counter signed by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ Wty C F Secretary Page 2 of 2 Includes the copyrighted material of Insurance Services Office Inc. with its permission. 1L T0 01 01 07 Rev. 06 09
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NON STANDARD PAYMENT SCHEDULE POLICY NUMBER DT CO2H313873 COF17 EFFECTIVE DATE 063017 ISSUE DATE 071717 PAYMENT DUE DATES 063017 073017 083017 093017 103017 113017 123017 013018 022818 033018 IL TO 30 12 90 PAGE 1 OF 1 OFFICE OMAHA 155 PRODUCER NAME LOCKTON COMPANIES LLC DBB83
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LOCATION SCHEDULE POLICY NUMBER DT CO2H313873 COF17 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 06 30 17 to 06 30 18. Loc. Bldg. No. No. Address Occupancy 1 1 3835 N 68TH ST. OFFICE AND SHOP LINCOLN NE 68507 2 2 R3835 N 68TH ST. WAREHOUSE OPEN STORAGE LINCOLN NE 68507 3 3 7331 AMANDA RD VACANT LAND LINCOLN NE 68507 4 4 R3835 N 68TH ST. WAREHOUSE LINCOLN NE 68507 5 5 NO BUSINESS LOCATION CONTRACTOR DES MOINES IA 50301 6 6 NO BUSINESS LOCATION CONTRACTOR TOPEKA KS 66601 7 7 NO BUSINESS LOCATION CONTRACTOR PIERRE SD 57501 Occupancy OFFICE AND SHOP WAREHOUSE OPEN STORAGE VACANT LAND WAREHOUSE CONTRACTOR CONTRACTOR CONTRACTOR IL TO 03 04 96 Page 1 END
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POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM COMPOSITE RATES A. SCHEDULE 1. This endorsement modifies insurance provided under the following Coverage Parts COMMERCIAL GENERAL LIABILITY. This endorsement applies to the Declarations from 06 30 17 to 06 30 18 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations.. Definition of Premium Base Bases SEE SCHEDULE. Exceptions if any to compositing of premium calculation 5. Premium Schedule COVERAGE SEE SCHEDULE PREMIUM BASE ESTIMATED EXPOSURE SEE SCHEDULE ADVANCE PREMIUM RATE If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. B. PROVISIONS 1. Referring to the Schedule above the premium for the Coverage Parts shown in item 1 except with respect to any exceptions shown in item 4 shall be computed in accordance with the premium base bases and rate rates desig nated in item 5. 2. The premium for the excepted hazards shall be computed in accordance with the rates and rules filed by us or on our behalf. 3. The advance premium stated above is an es timated premium for the Declarations Period. Upon termination of this period the earned premium shall be computed in accordance with the policy and this endorsement. If the earned premium thus computed exceeds the estimated advance premium paid you shall pay the ex cess to us if less we shall return to you the unearned paid portion. Rates and premiums for any subsequent Declarations Periods shall be determined at the inception date of those respective periods and shall be specified in en dorsements to be added to the policy. After termination of each period the earned premium shall be computed in accordance with the policy and this endorsement. IL T3 02 07 86 Rev. 12 08 Page 1 of 1
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POLICY NUMBER DT CO2H313873 COF17 GENERAL PURPOSE ENDORSEMENT ITEM 1 NAMED INSURED TO READ JUDDS BROS CONSTRUCTION CO. APOLLO STEEL COMPANY INACTIVE ATLAS COMPANY OF LINCOLN JB TRUCK EQUIPMENT REPAIR EAGLE TEN INC. IL T8 00 Page
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POLICY NUMBER DT CO2H313873 COF17 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US IL T4 05 03 11 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CONTINUATION OF FORM IL T4 05 PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN BUT ONLY IF 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY AND 2. WE RECEIVED SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS SCHEDULE. ADDRESS THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. IL T8 03 Page
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GENERAL LIABILITY CONTRACTORS
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GENERAL LIABILITY CONTRACTORS
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A TRAVELERS.I One Tower Square Hartford Connecticut 06183 COMMERCIAL GENERAL LIABILITY CONTRACTORS POLICY NO. pT CO2H313873 COF17 COVERAGE PART DECLARATIONS ISSUE DATE 07 17 17 INSURING COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY DECLARATIONS PERIOD From 06 30 17 to 06 30 18 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Commercial General Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIMITS OF INSURANCE General Aggregate Limit 2000000 Other than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented To You Limit any one premises 300000 Medical Expense Limit any one person 10000 LIMITS OF INSURANCE 2000000 w v w0 2000000 1000000 1000000 300000 10000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. COMMERCIAL GENERAL LIABILITY COVERAGE IS SUBJECT TO A GENERAL AGGREGATE LIMIT CGT0O011103 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 155 DBB83 OFFICE oMaHA
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COMMERCIAL GENERAL LIABILITY POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS AND DESIGNATED PROJECT AND LOCATION AGGREGATE LIMITS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE The Limits of Insurance shown in the Declarations are replaced by the following LIMITS OF INSURANCE Total Aggregate Limit 8000000 Other Than Projects and Products Completed Operations Designated Location Aggregate Limit 8000000 Other Than Products Completed Operations Designated Project Aggregate Limit 8000000 Other Than Products Completed Operations General Aggregate Limit 2000000 Other Than Products Completed Operations Products Completed Operations Aggregate Limit 2000000 Personal and Advertising Injury Limit 1000000 Each Occurrence Limit 1000000 Damage To Premises Rented to You Limit 300000 Any One Premises Medical Expense Limit 10000 Any One Person Designated Projects EACH PROJECT FOR WHICH YOU HAVE AGREED IN A WRITTEN CONTRACT THAT IS IN EFFECT DURING THIS POLICY PERIOD TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE BODILY INJURY OR PROPERTY DAMAGE OCCURS. 8000000 8000000 8000000 2000000 Designated Locations 3835 N 68TH ST. LINCOLN NE 68507 R3835 N 68TH ST. LINCOLN NE 68507 7331 AMANDA RD LINCOLN NE 68507 CG D4 6907 14 Page 1 of 4 2014 The Travelers. Indemnity Company. Al rights reserved.
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COMMERCIAL GENERAL LIABILITY PROVISIONS A. The following replaces SECTION Ill LIMITS OF INSURANCE 1. a. The Limits of Insurance shown in the Schedule above and the rules below fix the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits or 4 Designated projects or locations shown in the Schedule above. The Total Aggregate Limit shown in the Schedule above is the most we will pay for the sum of all amounts under the Des ignated Location Aggregate Limit and all amounts under the General Aggregate Limit. This includes 1 Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations haz ard 2 Damages under Coverage B and 3 Medical expenses under Coverage C. A Designated Project Aggregate Limit is provided and is also shown in the Sched ule above. The Designated Project Ag gregate Limit is subject to all of the follow ing provisions 1 The Designated Project Aggregate Limit is the most we will pay for the sum of a Damages under Coverage A be cause of bodily injury and property damage caused by occurrences and b Medical expenses under Cover age C for bodily injury caused by accidents which can be attributed only to opera tions at a single designated project shown in the Schedule above. The Designated Project Aggregate Limit applies separately to each des ignated project. 3 The Designated Project Aggregate Limit does not apply to damages be cause of bodily injury or property 2 5 damage included in the products completed operations hazard. In stead the Products Completed Op erations Aggregate Limit shown in the Schedule above and described in 3. below applies to such damages. The Designated Project Aggregate Limit does not apply to damages un der Coverage B. Instead the General Aggregate Limit shown in the Sched ule above and described in 2. below applies to such damages. Any payments made for damages or medical expenses to which the Des ignated Project Aggregate Limit ap plies shall reduce the Designated Project Aggregate Limit for that des ignated project. Such payments shall not reduce the Total Aggregate Limit shown in the Schedule above the General Aggregate Limit shown in the Schedule above and described in 2. below the Designated Project Ag gregate Limit for any other designat ed project shown in the Schedule above or the Designated Location Aggregate Limit shown in the Sched ule above. d. Subject to the Total Aggregate Limit shown in the Schedule above and de scribed in b. above a Designated Loca tion Aggregate Limit is provided and is al so shown in the Schedule above. The Designated Location Aggregate Limit is subject to all of the following provisions 1 The Designated Location Aggregate Limit is the most we will pay for the sum of a Damages under Coverage A be cause of bodily injury and property damage caused by occurrences and b Medical expenses under Cover age C for bodily injury caused by accidents which can be attributed only to opera tions at a single designated location shown in the Schedule above. The Designated Location Aggregate Limit applies separately to each des ignated location. Page 2 of 4 CG D469 07 14 2014 The Travelers. Indemnity Company. Al rights reserved.
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COMMERCIAL GENERAL LIABILITY 3 The Designated Location Aggregate 4 5 Limit does not apply to damages be cause of bodily injury or property damage included in the products completed operations hazard. In stead the Products Completed Op erations Aggregate Limit shown in the Schedule above and described in 3. below applies to such damages. The Designated Location Aggregate Limit does not apply to damages un der Coverage B. Instead the General Aggregate Limit shown in the Sched ule above and described in 2. below applies to such damages. Any payments made for damages or medical expenses to which the Des ignated Location Aggregate Limit ap plies shall reduce both the Total Ag gregate Limit shown in the Schedule above and the Designated Location Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Schedule above and described in 2. below the Designated Project Aggregate Limit shown in the Schedule above or the Designated Location Aggregate Limit for any oth er designated location shown in the Schedule above. Subject to the Total Aggregate Limit shown in the Schedule above and described in 1.b. above a General Aggregate Limit is provided and is also shown in the Schedule above. The General Aggregate Limit is subject to all of the following provisions a. The General Aggregate Limit is the most we will pay for the sum of 1 Damages under Coverage A be cause of bodily injury and property damage caused by occurrences and medical expenses under Cover age C for bodily injury caused by accidents which can not be attributed only to operations at a single desig nated project or location shown in the Schedule above and 2 Damages under Coverage B. The General Aggregate Limit does not apply to damages for bodily injury or property damage included in the prod ucts completed operations hazard. In 3. stead the Products Completed Opera tions Aggregate Limit shown in the Schedule above and described in 3. be low applies to such damages. c. Any payments made for damages or medical expenses to which the General Aggregate Limit applies shall reduce both the Total Aggregate Limit shown in the Schedule above and the General Aggre gate Limit shown in the Schedule above. Such payments shall not reduce the Des ignated Project Aggregate Limit for any designated project shown in the Sched ule above or the Designated Location Aggregate Limit for any designated loca tion shown in the Schedule above. If coverage for liability arising out of the products completed operations hazard is provided the Products Completed Operations Aggregate Limit shown in the Schedule above is the most we will pay under Coverage A for damages because of bodily injury or prop erty damage included in the products completed operations hazard. Any payments made for such damages shall reduce the Products Completed Operations Aggregate Limit shown in the Schedule above. Such payments shall not reduce the Total Aggre gate Limit shown in the Schedule above the General Aggregate Limit shown in the Schedule above the Designated Project Ag gregate Limit for any designated project shown in the Schedule above or the Desig nated Location Aggregate Limit for any des ignated location shown in the Schedule above. Subject to the Total Aggregate Limit and the General Aggregate Limit shown in the Schedule above and described in 1.b. and 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal injury and all advertising injury sustained by any one person or organization. Subject to the Total Aggregate Limit and ei ther the Designated Location Aggregate Limit or the General Aggregate Limit subject to the Designated Project Aggregate Limit or subject to the Products Completed Operations Ag gregate Limit shown in the Schedule above and described in 1. b. 1.c 1.d. 2. and 3. above whichever apply or applies the Each Occurrence Limit is the most we will pay for the sum of CG D4 6907 14 Page 3 of 4 2014 The Travelers. Indemnity Company. Al rights reserved.
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COMMERCIAL GENERAL LIABILITY a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. 6. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above the Damage To Premises Rented To You Limit is the most we will pay under Cov erage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to the Each Occurrence Limit shown in the Schedule above and described in 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part ap ply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the poli cy period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance.. The following is added to the DEFINITIONS Sec tion Location means any premises owned by or rented to you shown in the Schedule above. For the purposes of determining the applicable ag gregate limit of insurance each location that in cludes a premises involving the same or connect ing lots or premises whose connection is inter rupted only by a street roadway or waterway or by a right of way of a railroad shall be considered a single location. Project means any area away from premises owned by or rented to you shown in the schedule above at which you are performing operations pursuant to a contract or agreement. For the pur poses of determining the applicable aggregate limit of insurance each project that includes a premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway or waterway or by a right of way of a railroad shall be considered a single project. Page 4 of 4 CG D469 07 14 2014 The Travelers. Indemnity Company. Al rights reserved.
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COMMERCIAL GENERAL LIABILITY POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE iR Coverage Amount of Deductible PER OCCURRENCE Property Damage Liability including Limited Coverage For 1000 Pollution Costs if applicable and associated allocated loss adjustment expenses only OR Bodily Injury Liability and Property Damage Liability including Limited Coverage For Pollution Costs if applicable and associated allocated loss adjustment expenses combined If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. PROVISIONS APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. If no limitation is entered the deductible applies to A. Damages for all property damage and to all lim ited covered pollution costs if applicable or B. Damages for all bodily injury and property damage and to all limited covered pollution costs if applicable however caused b. Under the Limited Coverage For Pollution Costs if applicable to pay limited covered pollution costs and allocated loss adjust ment expenses on behalf of the insured applies only to the amount of damages limited covered pollution costs if applicable and allo cated loss adjustment expenses in excess of any deductible amount stated in the Schedule above as applicable to such coverages. The deductible amount stated in the Schedule above applies as follows Amount of Deductible PER OCCURRENCE 1000 b. Under the Limited Coverage For Pollution Costs if applicable to pay limited covered pollution costs and allocated loss adjust ment expenses on behalf of the insured applies only to the amount of damages limited covered pollution costs if applicable and allo cated loss adjustment expenses in excess of any deductible amount stated in the Schedule above as applicable to such coverages. The deductible amount stated in the Schedule above applies as follows Under Property Damage Liability Coverage including Limited Coverage For Pollution Costs if applicable only to all 1 Damages because of property damage 2 Limited covered pollution costs if appli cable and 3 Associated allocated loss adjustment expenses as the result of any one occurrence or Under Bodily Injury Liability and Property Damage Liability Coverage including Limited Coverage For Pollution Costs if applicable combined to all 1 Damages because of bodily injury 1. Our obligation a. Under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages and allocated loss adjustment expenses on behalf of the insured and CG D3 05 07 08 Page 1 of 3 2008 The Travelers Companies Inc.
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COMMERCIAL GENERAL LIABILITY 2 Damages because of property damage 3 Limited covered pollution costs if appli cable and 4 Associated allocated loss adjustment expenses as the result of any one occurrence. 3. The terms of this insurance including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the de ductible amount. 4. The applicable limits of insurance including ag gregates shall be reduced by the amount of any damages or limited covered pollution costs if applicable within the deductible amount. The ap plicable limits of insurance including aggregates shall not be reduced by the amount of any allo cated loss adjustment expenses within the de ductible amount. 5. The following is added to the Transfer of Rights of Recovery Against Others To Us Condition Any recoveries hereunder shall be applied in the following order a. Any interest including the insured that may have paid any amount with respect to liability in excess of the limit of our liability hereunder Us for the amount paid hereunder and All other interests including the insured with respect to the residue if any. When we have elected to participate in the exer cise of the insured s right of recovery reasonable expenses resulting therefrom shall be appor tioned among all the interests in the ratio of their respective recoveries. 6. We may pay any part or all of the deductible amount to effect payment of any claim or suit and you shall promptly reimburse us from your own funds for such part of the deductible amount as we have paid regardless of any contributions toward payment of any claim or suit made by other insurers or any other entity and regardless of any deductibles owed or paid by you to other insurers for the same occurrence. Only payments made by you will satisfy your obli gation to reimburse us for payments we make within the deductible amount. Your obligation to reimburse us for such payments made by us is 8. not satisfied by contributions made toward pay ment of any claim or suit or any allocated loss adjustment expenses incurred by other insurers or any other entity. If you fail to reimburse us for any amounts as re quired by this endorsement we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation. Allocated loss adjustment expenses a. Means any of the following fees costs or ex penses which can be directly allocated to a particular claim or suit 1 Fees of attorneys or other authorized representatives where permitted for legal services whether by outside or staff rep resentatives Court Alternate Dispute Resolution and other specific items of expense whether incurred by an outside vendor or by one of our employees including a Medical examinations of a claimant to determine the extent of injury degree of permanency or length of disability b Expert medical or other testimony c Autopsy d Witnesses and summonses e Copies of documents such as birth and death certificates and medical treatment records f Arbitration fees 9 Fees or costs for surveillance or other professional investigations which are conducted as part of handling of a claim or suit Fees or costs for loss prevention and engineering personnel and fees or costs for rehabilitation nurses or other nurses for services which are con ducted as part of handling of a claim or suit and i Appeal bond costs and appeal filing fees or h 3 All Supplementary Payments as de scribed and included in the applicable Coverage Part. b. Does not include 1 Salaries overhead and traveling ex penses of our employees except for em Page 2 of 3 CG D3 05 07 08 2008 The Travelers Companies Inc.
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COMMERCIAL GENERAL LIABILITY ployees while doing activities previously listed as allocated expenses or 2 Fees paid to independent claims profes sionals or attorneys hired to perform the function of claim investigation normally performed by claim adjusters for devel oping and investigating a claim so that a determination can be made of the cause or extent of or responsibility for the in jury disease or damage including evaluation and settiement of covered claims. CG D3 05 07 08 Page 3 of 3 2008 The Travelers Companies Inc.
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DECLARATIONS PREMIUM SCHEDULE POLICY NUMBER DT CO2H313873 COF17 This Schedule applies to the Declarations for the period of 06 30 17 to 06 30 18 It shows all of your known rating classes as of the effective date. Any exceptions will be so noted. This includes all locations you own rent or occupy. Loc CLASS PREMIUM OPN BLDG DESCRIPT BASE ADVANCE NO. NO. CODE NO. SUBLINE EXPOSURE RATES PREMIUM MINIMUM PREMIUMS LOB 250 250 1 GENERAL LIABILITY COMPOSITE CONSTRUCTION PAYROLL 69861 COMBINED P 1544000 GENERAL LIABILITY COMPOSITE CONSTRUCTION COST OF SUBCONTRACTED WORK 69862 COMBINED c 1578000 VACANT LAND OTHER THAN NOT FOR PROFIT 27.390 42290 3.317 5234 PRODUCTSCOMPLETED OPERATIONS ARE SUBJECT TO THE GENERAL AGGREGATE LIMIT. 49451 PREM OPS T 8 EACH ACRE 6.826 55 1544000 nan nan nan nan 27.39 42290 nan nan nan nan 3.317 5234 47579 COVERAGE PART TOTAL This class is subject to the prem ops transition program. If an Xis entered in this box these Declarations are completed on the Premium Schedule Extension CG T0 12. CG T0 07 09 87 PAGE 1 END
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KEY TO DECLARATIONS PREMIUM SCHEDULE ABBREVIATIONS CLASS DESCRIPT means CLASS DESCRIPTION LOC BLDG NO. means LOCATION BUILDING NUMBER OPN NO. means OPERATION NUMBER PREM OPS means PREMISES OPERATIONS PROD C OPS means PRODUCTS COMPLETED OPERATIONS PREMIUM BASE Key Letter Premium Base a Area c Total Cost m Admissions o Total Operating Expense p Payroll s Gross Sales t see note below u Units How Rates Apply per 1000 square feet per 1000 of total cost per 1000 admissions per 1000 of total operating expenditures per 1000 of payroll per 1000 of gross sales see note below per unit Premium base t applies for a number of rarely used premium bases. The specific base and how rates apply are shown with the Class Description on the DECLARATIONS PREMIUM SCHEDULE. CG T008 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1
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TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Coverage A Bodily Injury and Property Insuring Agreement........... Damage Liability Exclusions......... cccoocevemunen Coverage B Personal and Advertising Insuring Agreement........... Injury Liability Exclusions......... cccoocevemunen Coverage C Medical Payments Insuring Agreement........... Exclusions Supplementary Payments SECTION IIWHO IS AN INSURED SECTION IlII LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptcy..... Duties in the Event of Occurrence Legal Action Against Us Other Insurance. Premium Audit... Representations Separation of Insureds Transfer of Rights of Recovery Agamst Others To Us. When We Do Not Renew. SECTION V DEFINITIONS Beginning on Page TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 SECTION COVERAGES Beginning on Page Caoverane A TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG 0001 10 01 Coverage A Bodily Injury and Property Insuring Agreement Damage Liability Exclusions.2 Coverage B Personal and Advertising Insuring Agreement.5 Injury Liability Exclusions.5 Coverage C Medical Payments Insuring Agreement 7 Exclusions.7 Supplementary Payments................. SECTION I WHO IS AN INSURED... SECTION II LIMITS OF INSURANCE SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Bankruptey.. Duties in the Event of Occurrence Claim or Sun Legal Action Against Us.. Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew SECTION V DEFINITIONS Coverage B Personal and Advertising Injury Liability Insuring Agreement............... EXclusions......... cccooeuevurinnne Coverage C Medical Payments CGT0341103
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COMMERCIAL GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages because of bodily injury or property dam age to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Ill Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. 2 b. This insurance applies to bodily injury and property damage only if c. 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive no tice of an occurrence or claim knew that the bodily injury or property dam age had occurred in whole or in part. If such a listed insured or authorized em ployee knew prior to the policy period that the bodily injury or property dam age occurred then any continuation change or resumption of such bodily in jury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resump tion of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have oc curred at the earliest time when any insured listed under Paragraph 1. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occur rence or claim 1 Reports all or any part of the bodily in jury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 3 CG 00011001 1SO Properties Inc. 2000 Page 1 of 16
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COMMERCIAL GENERAL LIABILITY Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death result ing at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. c. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the in sured. This exclusion does not apply to bod ily injury resulting from the use of reasonable force to protect persons or property. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the ab sence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage oc curs subsequent to the execution of the contract or agreement. Solely for the pur poses of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bod ily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which dam ages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or b 3 Any statute ordinance or regulation relat ing to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing sell ing serving or furnishing alcoholic beverages. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the con duct of the insured s business or 2 The spouse child parent brother or sis ter of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. Pollution 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building i Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such Page 2 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY b c d premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire At or from any premises site or loca tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste Which are or were at any time trans ported handled stored treated dis posed of or processed as waste by or for i Any insured or ii Any person or organization for whom you may be legally re sponsible or At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property dam age arising out of the escape of fuels lubricants or other operat ing fluids which are needed to perform the normal electrical hy draulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This ex ception does not apply if the bodily injury or property dam age arises out of the intentional discharge dispersal or release of the fuels lubricants or other op erating fluids or if such fuels lu bricants or other operating fluids are brought on or to the prem ises site or location with the in tent that they be discharged dis persed or released as part of the operations being performed by such insured contractor or sub contractor i Bodily injury or property dam age sustained within a building and caused by the release of gases fumes or vapors from ma terials brought into that building in connection with operations being performed by you or on your be half by a contractor or subcon tractor or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire. At or from any premises site or loca tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any in sured or others test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assess ing the effects of pollutants. CG 00011001 1SO Properties Inc. 2000 Page 3 of 16
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COMMERCIAL GENERAL LIABILITY However this paragraph does not apply to liability for damages because of prop erty damage that the insured would have in the absence of such request demand order or statutory or regulatory require ment or such claim or suit by or on be half of a governmental authority. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property dam age involved the ownership maintenance use or entrustment to others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Bodily injury or property damage aris ing out of the operation of any of the equipment listed in Paragraph f.2 or.3 of the definition of mobile equip ment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 4 5 2 The use of mobile equipment in or while in practice for or while being pre pared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhance ment restoration or maintenance of such property for any reason including preven tion of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly per formed oniit. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section Il Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. 3 G Page 4 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the prod ucts completed operations hazard. Damage To Your Product Property damage to your product arising out of it or any part of it. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dan gerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your prod uct or your work after it has been put to its intended use. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency in adequacy or dangerous condition in it. o. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section Il Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement We will pay those sums that the insured be comes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to personal and ad vertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory dur ing the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. CG 00011001 1SO Properties Inc. 2000 Page 5 of 16
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COMMERCIAL GENERAL LIABILITY Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direc tion of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach Of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Fail ure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your adver tisement. Infringement Of Copyright Patent Trade mark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. Insureds In Media And Internet Type Busi nesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the in sured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers.. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or es cape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding Page 6 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY to or assessing the effects of pollut ants. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an acci dent 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the ap plicable limit of insurance. We will pay rea sonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer work ers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of prem ises you own or rent that the person nor mally occupies. d. Workers Compensation And Similar Laws To a person whether or not an em ployee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while taking part in athletics. f. Products Completed Operations Haz ard Included within the products completed operations hazard. g. Coverage A Exclusions Excluded under Coverage A. h. War Due to war whether or not declared or any act or condition incident to war. War includes civil war insurrection rebellion or revolution. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required be cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the in sured at our request to assist us in the inves tigation or defense of the claim or suit in cluding actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the in sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment CG 00011001 1SO Properties Inc. 2000 Page 7 of 16
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COMMERCIAL GENERAL LIABILITY interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or de posited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of in surance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability as sumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the informa tion we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that in demnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investiga tion settlement or defense of the suit Immediately send us copies of any demands notices summonses or le gal papers received in connection with the suit Notify any other insurer whose cov erage is available to the indemnitee and Cooperate with us with respect to co ordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to b c d a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that indemnitee necessary litigation expenses in curred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstand ing the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary liti gation expenses as Supplementary Payments ends when a. We have used up the applicable limit of in surance in the payment of judgments or set tlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your busi ness. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and di rectors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Page 8 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY 2. Each of the following is also an insured a. Your volunteer workers only while perform ing duties related to the conduct of your busi ness or your employees other than either your executive officers if you are an organi zation other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their em ployment by you or while performing duties related to the conduct of your business. How ever none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertis ing injury a To you to your partners or members if you are a partnership or joint ven ture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing du ties related to the conduct of your business or to your other volunteer workers while performing duties re lated to the conduct of your business To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay some one else who must pay damages be cause of the injury described in Para graphs 1a or b above or Arising out of his or her providing or failing to provide professional health care services. Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical con trol is being exercised for any pur pose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability com pany. b c d 2 b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That represen tative will have all your rights and duties un der this Coverage Part. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your per mission. Any other person or organization re sponsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with re spect to a. Bodily injury to a coemployee of the per son driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an in sured under this provision. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named In sured if there is no other similar insurance avail able to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy pe riod whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. CG 00011001 1SO Properties Inc. 2000 Page 9 of 16
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COMMERCIAL GENERAL LIABILITY No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except dam ages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and prop erty damage included in the products completed operations hazard. 4. Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay un der Coverage A for damages because of prop erty damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sus tained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcey or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person 3 Page 10 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an in sured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settle ment means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. be low applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over 1 Any of the other insurance whether pri mary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner c That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Dam age Liability. Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an addi tional insured by attachment of an en dorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other in surer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied to the insured s rights against all those other in surers. When this insurance is excess over other in surance 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 in surance would pay for the loss in the ab sence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribu tion by equal shares we will follow this method also. Under this approach each in surer 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 contrib d 2 CG 00011001 1SO Properties Inc. 2000 Page 11 of 16
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COMMERCIAL GENERAL LIABILITY ute by limits. Under this method each in surer s share is based on the ratio of its appli cable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will com pute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premi ums is the date shown as the due date on the bill. If the sum of the advance and audit pre miums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium compu tation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon represen tations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Oth ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be suffi cient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment. But auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communica tion 3 Page 12 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. 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 con stitution by laws or any other similar governing document. Hostile fire means one which becomes uncon trollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a con tract or agreement if such property can be restored to use by a. The repair replacement adjustment or re moval of your product or your work or b. Your fulfiling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or or ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to in demnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any con tract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily in jury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or draw ings and specifications or b Giving directions or instructions or failing to give them if that is the pri mary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you 11. b y a labor leasing firm under an agreement be tween you and the labor leasing firm to perform d uties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of p roperty After it is moved from the place where it is accepted for movement into or onto an air craft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft wa tercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical CG 00011001 1SO Properties Inc. 2000 Page 13 of 16
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COMMERCIAL GENERAL LIABILITY 12. device other than a hand truck that is not at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol lowing types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construc tion or resurfacing or c Street cleaning Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 2 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or or ganization s goods products or services Oral or written publication in any manner of material that violates a person s right of pri vacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended Page 14 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY use by any person or organization other than another contractor or sub contractor working on the same pro ject. Work that may need service mainte nance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equipment or abandoned or unused ma terials or 3 Products or operations for which the clas sification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and appli cations software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electroni cally controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. 19. Temporary worker means a person who is 20. furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materi als parts or equipment furnished in con nection with such goods or products. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. CG 00011001 1SO Properties Inc. 2000 Page 15 of 16
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COMMERCIAL GENERAL LIABILITY b. Includes 1 Warranties or representations made at any time with respect to the fitness qual ity durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 16 of 16 1SO Properties Inc. 2000 CG 00011001
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OCCURRENCE DEFINITION FOR SUBCONTRACTED WORK PROPERTY DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces the definition of occur rence in the DEFINITIONS Section but only for the purpose of determining whether subcontract ed work property damage is caused by an oc currence Occurrence means 1. An accident including continuous or repeated exposure to substantially the same general harmful conditions or An act or omission including all related acts or omissions that causes subcontracted work property damage. 2. The following is added to the DEFINITIONS Sec tion Subcontracted work property damage means property damage that a. b. Is neither expected nor intended from the standpoint of the insured and Is to your work arising out of it or any part of it and included in the products completed operations hazard if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. CGT8NN 0416 Page 1 of 1 2016 The Travelers Indemnity Company. All rights reserved
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OTHER INSURANCE CONDITION AND MEANING OF OTHER INSURANCE OTHER INSURER AND INSURER This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following replaces the part of the first para graph of Paragraph 4. Other Insurance of SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS that precedes Paragraph a. If valid and collectible other insurance is available to the insured for a loss we cover under Cover ages A or B of this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company ii Us or any of our affiliated insurance compa nies except when the Non cumulation of Each Occurrence Limit provision of Para graph 5. of Section Il Limits Of Insurance or the Non cumulation of Personal and Adver tising Injury Limit provision of Paragraph 4. of Section lll Limits of Insurance applies be cause the Amendment Non Cumulation Of Each Occurrence Limit Of Liability and Non Cumulation Of Personal and Advertising In jury Limit endorsement is included in this pol icy iii Any risk retention group iv Any self insurance method or program in cluding any failure to buy insurance or deci sion to not buy insurance for any reason in which case the insured will be deemed to be the provider of other insurance or v Any similar risk transfer or risk management method. Other insurance does not include umbrella insur ance or excess insurance that was bought spe cifically to apply in excess of the Limits of Insur ance shown in the Declarations of this Coverage Part. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph c. below insurer means a pro vider of insurance. The first Subparagraph 2 of Paragraph 4.b. Ex cess Insurance of SECTION IV COMMER CIAL GENERAL LIABILITY CONDITIONS re garding any other primary insurance available to you is deleted. The following is added to Paragraph 4.b. Excess Insurance of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS This insurance is excess over any of the other insurance whether primary excess contingent or on any other basis that is available to the insured when the insured is added as an additional in sured under any other policy including any um brella or excess policy. CG D4 20 07 08 Page 1 of 1 The Travelers Companies Inc.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS A. AMENDMENT OF DEFINITION OF PERSONAL AND ADVERTISING INJURY The following replaces the definition of personal and advertising injury in the DEFINITIONS Sec tion Personal and advertising injury means personal injury or advertising injury. B. AMENDMENT OF CONTRACTUAL LIABILITY EXCLUSION EXCEPTION FOR DAMAGES BECAUSE OF PERSONAL INJURY ASSUMED BY NAMED INSURED IN AN INSURED CON TRACT 1. The following is added to Exclusion e. Con tractual Liability in Paragraph 2. of SEC TION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY This exclusion also does not apply to liability for damages because of personal injury as sumed by you in a contract or agreement that is an insured contract provided that the personal injury is caused by an offense committed subsequent to the execution of the contract or agreement. Solely for the purpos es of liability assumed by you in an insured contract reasonable attorney fees and nec essary litigation expenses incurred by or for a party other than an insured will be deemed to be damages because of personal injury provided that 1 Liability to such party for or for the cost of that party s defense has also been as sumed by you in the same insured con tract and 2 Such attorney fees and litigation expens es are for defense of that party against a civil or alternative dispute resolution pro ceeding in which damages to which this insurance applies are alleged. C. ADDI CONF MATI The fc Exclu COVE INJUF Acce sonal Pers of any organ matio 2. The following replaces the third sentence of Paragraph 2. of SUPPLEMENTARY PAY MENTS COVERAGES A AND B Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily In jury And Property Damage Liability or Para graph 2.e. of Section Coverage B Per sonal and Advertising Injury Liability such payments will not be deemed to be damages because of bodily injury property damage or personal injury and will not reduce the limits of insurance. 3. The following replaces the first paragraph of Paragraph f. of the definition of insured con tract in the DEFINITIONS Section f. That part of any other contract or agree ment pertaining to your business includ ing an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury property damage or per sonal injury to a third party or organiza tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. ADDITION OF ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFOR MATION EXCLUSION The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Access Or Disclosure Of Confidential Or Per sonal Information Personal injury or advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal infor mation. CGD4710115 Page 1 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY D. AMENDMENT OF OTHER EXCLUSIONS 1. The following replaces Exclusion b. Material Published With Knowledge Of Falsity in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY b. Material Published With Knowledge Of Falsity Personal injury or advertising injury arising out of oral or written publication including publication by electronic means of material if done by or at the direction of the insured with knowledge of its falsi ty. The following replaces Exclusion c. Material Published Prior To Policy Period in Para graph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY c. Material Published Or Used Prior To Policy Period 1 Personal injury or advertising inju ry arising out of oral or written publi cation including publication by elec tronic means of material whose first publication took place before the be ginning of the policy period or Advertising injury arising out of in fringement of copyright title or slo gan in your advertisement whose first infringement in your advertise ment was committed before the be ginning of the policy period. 2 The following replaces Exclusion f. Breach Of Contract in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY f. Breach Of Contract Advertising injury arising out of a breach of contract. The following replaces Exclusion g. Quality Or Performance of Goods Failure To Conform To Statements in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY g. Quality Or Performance Of Goods Failure To Conform To Statements Advertising injury arising out of the fail ure of goods products or services to con form with any statement of quality or per formance made in your advertisement. 5. The following replaces Exclusion h. Wrong Description Of Prices in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY h. Wrong Description Of Prices Advertising injury arising out of the wrong description of the price of goods products or services stated in your ad vertisement. 6. The following replaces Exclusion i. In fringement Of Copyright Patent Trade mark Or Trade Secret in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY i. Intellectual Property Personal injury or advertising injury arising out of any actual or alleged in fringement or violation of any of the fol lowing rights or laws or any other per sonal injury or advertising injury alleged in any claim or suit that also alleges any such infringement or violation 1 Copyright 2 Patent 3 Trade dress 4 Trade name 5 Trademark 6 Trade secret or 7 Other intellectual property rights or laws. This exclusion does not apply to 1 Advertising injury arising out of any actual or alleged infringement or vio lation of another s copyright title or slogan in your advertisement or 2 Any other personal injury or adver tising injury alleged in any claim or suit that also alleges any such in fringement or violation of another s copyright title or slogan in your advertisement. 7. The following replaces Exclusion j. Insureds In Media And Internet Type Businesses in Paragraph 2. of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY npany. Al rights reserved CGD4710115 vices Office Inc. with its permission. Page 2 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY j Insureds In Media And Internet Type Businesses Personal injury or advertising injury arising out of an offense committed by an insured whose business is 1 Advertising broadcasting or pub lishing 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. This exclusion does not apply to Para graphs a.1 2 and 3 of the definition of personal injury. For the purposes of this exclusion 1 Creating and producing correspond ence written in the conduct of your business bulletins financial or annu al reports or newsletters about your goods products or services will not be considered the business of pub lishing and The placing of frames borders or links or advertising for you or others anywhere on the Internet will not by itself be considered the business of advertising broadcasting or publish ing. 8. The following replaces Paragraph 2 of Ex clusion n. Pollution Related in Paragraph 2. of SECTION COVERAGES COVER AGE B PERSONAL AND ADVERTISING INJURY LIABILITY 2 Claim or suit by or on behalf of a govern mental authority because of testing for monitoring cleaning up removing con taining treating detoxifying or neutraliz ing or in any way responding to or as sessing the effects of pollutants. E. AMENDMENT OF WHO IS AN INSURED The following replaces the introductory phrase of Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED 1 Bodily injury or personal injury F. AMENDMENT OF LIMITS OF INSURANCE The following replaces Paragraph 4. of SECTION Il LIMITS OF INSURANCE Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Cover age B for the sum of all damages because of all 2 personal injury and advertising injury sus tained by any one person or organization. G. ADDITIONAL DEFINITIONS The following is added to the DEFINITIONS Sec tion Advertising injury Means injury other than personal injury caused by one or more of the following of fenses 1 Oral or written publication including pub b. a. b. 2 3 lication by electronic means of material in your advertisement that slanders or li bels a person or organization or dispar ages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or ser vices disparaged Oral or written publication including pub lication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or Infringement of copyright title or slo gan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Broadcasting means transmitting any audio or visual material for any purpose By radio or television or In by or with any other electronic means of communication such as the Internet if that material is part of 1 Radio or television programming being transmitted 2 Other entertainment educational instruc tional music or news programming being transmitted or 3 Advertising transmitted with any of such programming. CGD4710115 Page 3 of 4 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY Personal injury a. Means injury other than advertising injury caused by one or more of the following of fenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 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 provided that the wrongful eviction wrongful entry or inva sion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including pub lication by electronic means of material that slanders or libels a person or organi zation or disparages a person s or organ ization s goods products or services provided that the claim is made or the suit is brought by a person or organiza tion that claims to have been slandered or libeled or that claims to have had its 4 goods products or services disparaged or 5 Oral or written publication including pub lication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Slogan a. Means a phrase that others use for the pur pose of attracting attention in their advertis ing. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. Title means a name of a literary or artistic work. Page 4 of 4 CGD4710115 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization CITY OF LINCOLN AND OR LANCASTER COUNTY AND OR CITY OF LINCOLN LANCASTER COUNTY PUBLIC BUILDING COMMISSION 555 SOUTH 10TH STREET LINCOLN NE 68508 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. 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 ongoing operations per formed for that insured. B. With respect to the insurance afforded to these additional insureds the following exclusion is added 2. Exclusions This insurance does not apply to bodily in jury or property damage occurring after 1 Al work including materials parts or equipment furnished in connection with such work on the project other than ser vice maintenance or repairs to be per formed by or on behalf of the additional insureds at the site of the covered op erations has been completed or That portion of your work out of which the injury or damage arises has been put to its intended use by any person or or ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20101001 1SO Properties Inc. 2000 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OPERATION OF CUSTOMERS AUTOS ON PARTICULAR PREMISES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion g. of Paragraph 2. Exclusions of 4. Tire Dealers Coverage A Bodily Injury And Property 5. Automobile Quick Lubrication Services. Damage Liability Section Coverages does not apply to any customer s auto while on or next to those premises you own rent or control that are used for any of the following businesses Customer s auto means an auto on those 1. Auto Repair or Service Shops premises for the purpose of rgceiviqg the service normally provided in connection with those busi 2. Car Washes nesses but does not include an auto owned by 3. Gasoline Stations or rented or loaned to any insured. B. The following definition is added to the Definitions Section CG 226809 97 Copyright Insurance Services Office Inc. 1996 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SNOW PLOW OPERATIONS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART Within the products completed operations hazard Exclusion g. under Section Coverage A Bodily Injury And Property Damage Liability does not apply to any auto used for snow plow operations. CG 22921207 ISO Properties Inc. 2006 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR DESIGNATED EMPLOYEES AND VOLUNTEER WORKERS FOR BODILY INJURY TO CO EMPLOYEES OR OTHER VOLUNTEER WORKERS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF EMPLOYEES AND VOLUNTEER WORKERS ALL EMPLOYEES AND VOLUNTEER WORKERS PROVISIONS The following is added to Paragraph 2.a.1 of SEC TION Il WHO IS AN INSURED Paragraph 1a above does not apply to any em ployee or volunteer worker shown in the Schedule Of Employees And Volunteer Workers but only with respect to liability for bodily injury to a co employee while in the course of the coemployee s employment by you or performing duties related to the conduct of your business or to bodily injury to your other volunteer workers while performing duties re lated to the conduct of your business. Page 1 of 1 CG D1540913 2013 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT NON CUMULATION OF EACH OCCURRENCE LIMIT OF LIABILITY and NON CUMULATION OF PERSONAL and ADVERTISING INJURY LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Paragraph 5 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Each Occurrence Limit If one occurrence causes bodily injury andor prop erty damage during the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Each Occurrence Limit will be reduced by the amount of each payment made by us and any affiliated insurance company under the other policies because of such occur rence. 2. Paragraph 4 of SECTION IIl LIMITS OF INSUR ANCE is amended to include the following Non cumulation of Personal and Advertising Limit If personal injury andor advertising injury is sustained by any one person or organization dur ing the policy period and during the policy period of one or more prior andor future policies that include a commercial general liability coverage part for the insured issued by us or any affiliated insurance company the amount we will pay is limited. This policy s Personal Injury and Advertis ing Injury Limit will be reduced by the amount of each payment made by us and any affiliated in surance company under the other policies be cause of such personal injury andor advertising injury. CGD2031297 Copyright Travelers Indemnity Company 1997 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED Section Il is amended to include any person or organization that you agree in a written contract requiring insurance to include as an additional insured on this Cover age Part but a Only with respect to liability for bodily injury property damage or personal injury and b If and only to the extent that the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of your work to which the written contract requiring insurance applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows a In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the written contract requiring insurance the in surance provided to the additional insured shall be limited to the limits of liability re quired by that written contract requiring in surance. This endorsement shall not in crease the limits of insurance described in Section Il Limits Of Insurance. b The insurance provided to the additional in sured does not apply to bodily injury prop erty damage or personal injury arising out of the rendering of or failure to render any professional architectural engineering or sur veying services including i. The preparing approving or failing to prepare or approve maps shop draw ings opinions reports surveys field or ders or change orders or the preparing approving or failing to prepare or ap prove drawings and specifications and ii. Supervisory inspection architectural or engineering activities. c The insurance provided to the additional in sured does not apply to bodily injury or property damage caused by your work and included in the products completed op erations hazard unless the written contract requiring insurance specifically requires you to provide such coverage for that additional insured and then the insurance provided to the additional insured applies only to such bodily injury or property damage that oc curs before the end of the period of time for which the written contract requiring insur ance requires you to provide such coverage or the end of the policy period whichever is earlier. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance whether primary excess contingent or on any other basis that is available to the additional insured for a loss we cover under this endorsement. However if the written contract requiring insurance specifically requires that this insurance apply on a primary basis or a primary and non contributory basis this insurance is primary to other insurance available to the additional insured which covers that person or organization as a named insured for such loss and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other in surance whether primary excess contingent or on any other basis that is available to the addi tional insured when that person or organization is an additional insured under such other insur ance. As a condition of coverage provided to the additional insured by this endorsement a The additional insured must give us written notice as soon as practicable of an occur rence or an offense which may result in a claim. To the extent possible such notice should include CG D2 46 08 05 2005 The St. Paul Travelers Companies Inc. Page 1 of 2
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COMMERCIAL GENERAL LIABILITY b c d i. How when and where the occurrence or offense took place ii. The names and addresses of any injured persons and witnesses and iii. The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against the additional insured the additional insured must i. Immediately record the specifics of the claim or suit and the date received and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or suit as soon as practicable. The additional insured must immediately send us copies of all legal papers received in connection with the claim or suit cooperate with us in the investigation or settlement of the claim or defense against the suit and otherwise comply with all policy conditions. The additional insured must tender the de fense and indemnity of any claim or suit to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However this condition does not affect whether the insur ance provided to the additional insured by this endorsement is primary to other insur ance available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. DEFINITIONS Written contract requiring insurance means that part of any written contract or agreement under which you are required to include a person or organization as an additional in sured on this Coverage Part provided that the bodily injury and property damage oc curs and the personal injury is caused by an offense committed a. After the signing and execution of the contract or agreement by you b. While that part of the contract or agreement is in effect and c. Before the end of the policy period. Page 2 of 2 2005 The St. Paul Travelers Companies Inc. CG D2 46 08 05
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE This endorsement broadens coverage. However coverage for any injury damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights duties and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured Newly Acquired Or Formed Organizations F. Who Is An Insured Broadened Named Insured Unnamed Subsidiaries G. Blanket Additional Insured Owners Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A BODILY IN JURY AND PROPERTY DAMAGE LIABILITY This exclusion does not apply to an aircraft that is a Chartered with a pilot to any insured b Not owned by any insured and c Not being used to carry any person or prop erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex clusion j. Damage To Property in Para graph 2. of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A. BODILY H. zErxe Blanket Additional Insured Lessors Of Leased Equipment Blanket Additional Insured States Or Political Subdivisions Permits Knowledge And Notice Of Occurrence Or Offense Unintentional Omission Blanket Waiver Of Subrogation Amended Bodily Injury Definition Contractual Liability Railroads INJURY AND PROPERTY DAMAGE LI ABILITY Exclusions. and g. through n. do not apply to premises damage. Exclusion f.1a does not apply to premises damage caused by a. Fire b. Explosion c. Lightning d. Smoke resulting from such fire explosion or lightning or e. Water unless Exclusion f. of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion All Pollu tion Injury Or Damage or Total Pollution Ex clusion in its title. A separate limit of insurance applies to premises damage as described in Para graph 6. of SECTION Il LIMITS OF IN SURANCE. fo You nents INJURY AND PROPERTY DAMAGE LI ABILITY Exclusions c. and g. through n. do not apply to premises damage. Exclusion f.1a does not apply to premises damage caused by a. Fire b. Explosion c. Lightning d. Smoke resulting from such fire explosion or lightning or e. Water unless Exclusion f. of Section I Coverage A Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion All Pollu tion Injury Or Damage or Total Pollution Ex clusion in its title. A separate limit of insurance applies to premises damage as described in Para graph 6. of SECTION Il LIMITS OF IN SURANCE. Page 1 0of 6 CGD3161111 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC TION Il LIMITS OF INSURANCE Subject to 5. above the Damage To Prem ises Rented To You Limit is the most we will pay under Coverage A for damages because of premises damage to any one premises. The Damage To Premises Rented To You Limit will apply to all property damage proximately caused by the same occur rence whether such damage results from fire explosion lightning smoke resulting from such fire explosion or lightning or water or any combination of any of these causes. The Damage To Premises Rented To You Limit will be a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part or b. 300000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. The following replaces Paragraph a. of the definition of insured contract in the DEFINI TIONS Section 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 premises damage is not an insured contract The following is added to the DEFINITIONS Section Premises damage means property dam age to a. Any premises while rented to you or tem porarily occupied by you with permission of the owner or b. The contents of any premises while such premises is rented to you if you rent such premises for a period of seven or fewer consecutive days. The following replaces Paragraph 4.b.1b of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS b That is insurance for premises damage or Paragraph 4.b.1c of SECTION IV COMMERCIAL GENERAL LIABILITY CON DITIONS is deleted. C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVER AGE b. Up to 2500 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur nish these bonds. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVER AGES A AND B of SECTION COVER AGES d. 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 500 a day because of time off from work. D. INCIDENTAL MEDICAL MALPRACTICE 1. 2. The following is added to the definition of oc currence in the DEFINITIONS Section Occurrence also means an act or omission committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to a person. The following is added to Paragraph 2.a.1 of SECTION Il WHO IS AN INSURED Paragraph 1d above does not apply to bodily injury arising out of providing or fail ing to provide i Incidental medical services by any of your employees who is a nurse practi tioner registered nurse licensed practical nurse nurse assistant emergency medi cal technician or paramedic or ii First aid or Good Samaritan services by any of your employees or volunteer workers other than an employed or vol unteer doctor. Any such employees or volunteer workers providing or failing to provide first aid or Good Samaritan ser vices during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi ness. CGD3161111 Page 2 of 6 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of SECTION lll LIMITS OF INSURANCE For the purposes of determining the applica ble Each Occurrence Limit all related acts or omissions committed in providing or failing to provide incidental medical services first aid or Good Samaritan services to any one per son will be deemed to be one occurrence. 4. The following exclusion is added to Para graph 2. Exclusions of SECTION COV ERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Sale Of Pharmaceuticals Bodily injury or property damage arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti cals committed by or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section Incidental medical services means a. Medical surgical dental laboratory x ray or nursing service or treatment advice or instruction or the related furnishing of food or beverages or b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances. Good Samaritan services means any emer gency medical services for which no compen sation is demanded or received. 6. The following is added to Paragraph 4.b. Ex cess Insurance of SECTION IV COM MERCIAL GENERAL LIABILITY CONDI TIONS The insurance is excess over any valid and collectible other insurance available to the in sured whether primary excess contingent or on any other basis that is available to any of your employees or volunteer workers for bodily injury that arises out of providing or failing to provide incidental medical ser vices first aid or Good Samaritan services to any person to the extent not subject to Paragraph 2.a.1 of Section Il Who Is An Insured. E. WHO IS AN INSURED NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION IIWHO IS AN INSURED 4. Any organization you newly acquire or form other than a partnership joint venture or lim ited liability company of which you are the sole owner or in which you maintain the ma jority ownership interest will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or ganization. However a. Coverage under this provision is afforded only 1 Until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier if you do not report such organization in writing to us within 180 days after you acquire or form it or 2 Until the end of the policy period when that date is later than 180 days after you acquire or form such organization if you report such organization in writing to us within 180 days after you acquire or form it and we agree in writing that it will con tinue to be a Named Insured until the end of the policy period b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal in jury or advertising injury arising out of an offense committed before you acquired or formed the organization. WHO IS AN INSURED BROADENED NAMED INSURED UNNAMED SUBSIDIARIES The following is added to SECTION Il WHO IS AN INSURED Any of your subsidiaries other than a partnership joint venture or limited liability company that is not shown as a Named Insured in the Declara tions is a Named Insured if you maintain an own ership interest of more than 50 in such subsidi ary on the first day of the policy period. No such subsidiary is an insured for bodily injury or property damage that occurred or personal injury or advertising injury caused by an of fense committed after the date if any during the policy period that you no longer maintain an ownership interest of more than 50 in such sub sidiary. Page 3 of 6 CGD3161111 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED OWNERS MANAGERS OR LESSORS OF PREMISES The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is a premises owner manager or lessor and that you have agreed in a written contract or agreement to in clude as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal injury or advertising injury that a. Is bodily injury or property damage that occurs or is personal injury or advertising injury caused by an offense that is commit ted subsequent to the execution of that con tract or agreement and b. Arises out of the ownership maintenance or use of that part of any premises leased to you. The insurance provided to such premises owner manager or lessor is subject to the following pro visions a. The limits of insurance provided to such premises owner manager or lessor will be the minimum limits which you agreed to pro vide in the written contract or agreement or the limits shown on the Declarations which ever are less. b. The insurance provided to such premises owner manager or lessor does not apply to 1 Any bodily injury or property damage that occurs or personal injury or adver tising injury caused by an offense that is committed after you cease to be a tenant in that premises or Structural alterations new construction or demolition operations performed by or on behalf of such premises owner lessor or manager. c. The insurance provided to such premises owner manager or lessor is excess over any valid and collectible other insurance available to such premises owner manager or lessor whether primary excess contingent or on any other basis unless you have agreed in the written contract or agreement that this in surance must be primary to or non contributory with such other insurance in which case this insurance will be primary to and non contributory with such other insur ance. 2 H. BLANKET ADDITIONAL INSURED LESSORS OF LEASED EQUIPMENT The following is added to SECTION Il WHO IS AN INSURED Any person or organization that is an equipment lessor and that you have agreed in a written con tract or agreement to include as an insured on this Coverage Part is an insured but only with re spect to liability for bodily injury property dam age personal injury or advertising injury that a. Is bodily injury or property damage that occurs or is personal injury or advertising injury caused by an offense that is commit ted subsequent to the execution of that con tract or agreement and b. Is caused in whole or in part by your acts or omissions in the maintenance operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement or the limits shown on the Declarations whichever are less. b. The insurance provided to such equipment lessor does not apply to any bodily injury or property damage that occurs or personal injury or advertising injury caused by an of fense that is committed after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor whether primary excess contingent or on any other basis unless you have agreed in the written contract or agreement that this insurance must be primary to or non contributory with such other insurance in which case this insurance will be primary to and non contributory with such other in surance. BLANKET ADDITIONAL INSURED STATES OR POLITICAL SUBDIVISIONS PERMITS The following is added to SECTION Il WHO IS AN INSURED Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required CGD3161111 Page 4 of 6 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY by any ordinance law or building code to include as an additional insured on this Coverage Part is an insured but only with respect to liability for bodily injury property damage personal in jury or advertising injury arising out of such op erations. The insurance provided to such state or political subdivision does not apply to a. Any bodily injury property damage per sonal injury or advertising injury arising out of operations performed for that state or po litical subdivision or b. Any bodily injury or property damage in cluded in the products completed operations hazard. KNOWLEDGE AND NOTICE OF OCCUR RENCE OR OFFENSE The following is added to Paragraph 2. Duties In The Event of Occurrence Offense Claim or Suit of SECTION IV COMMERCIAL GEN ERAL LIABILITY CONDITIONS e. The following provisions apply to Paragraph a. above but only for the purposes of the in surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such occurrence or of fense must be given as soon as practica ble only after the occurrence or offense is known by you if you are an individual any of your partners or members who is an individual if you are a partnership or joint venture any of your managers who is an individual if you are a limited liability company any of your executive offi cers or directors if you are an organiza tion other than a partnership joint venture or limited liability company or any em ployee authorized by you to give notice of an occurrence or offense. If you are a partnership joint venture or limited liability company and none of your partners joint venture members or man agers are individuals notice to us of such occurrence or offense must be given as soon as practicable only after the occur rence or offense is known by a Any individual who is i A partner or member of any part nership or joint venture 2 ii A manager of any limited liability company or iii An executive officer or director of any other organization that is your partner joint venture member or manager or b Any employee authorized by such partnership joint venture limited li ability company or other organization to give notice of an occurrence or offense. 3 Notice to us of such occurrence or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work ers compensation insurer. This applies only if you subsequently give notice to us of the occurrence or offense as soon as practicable after any of the persons de scribed in Paragraphs e. 1 or 2 above discovers that the occurrence or offense may result in sums to which the insurance provided under this Coverage Part may apply. However if this Coverage Part includes an en dorsement that provides limited coverage for bodily injury or property damage or pollution costs arising out of a discharge release or es cape of pollutants which contains a requirement that the discharge release or escape of pollut ants must be reported to us within a specific number of days after its abrupt commencement this Paragraph e. does not affect that require ment.. UNINTENTIONAL OMISSION The following is added to Paragraph 6. Repre sentations of SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not preju dice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV COMMERCIAL GENERAL LI ABILITY CONDITIONS Page 5 of 6 CGD3161111 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY 3. Bodily injury means bodily injury mental anguish mental injury shock fright disability humiliation sickness or disease sustained by a person including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY RAILROADS 1. The following replaces Paragraph c. of the definition of insured contract in the DEFINI TIONS Section c. Any easement or license agreement 2. Paragraph f.1 of the definition of insured contract in the DEFINITIONS Section is de leted. If the insured has agreed in a contract or agree ment to waive that insured s right of recovery against any person or organization we waive our right of recovery against such person or organiza tion but only for payments we make because of a. Bodily injury or property damage that oc curs or b. Personal injury or advertising injury caused by an offense that is committed subsequent to the execution of that contract or agreement.. AMENDED BODILY INJURY DEFINITION The following replaces the definition of bodily injury in the DEFINITIONS Section CGD3161111 Page 6 of 6 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contrib uted concurrently or in any sequence to such injury or damage. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria a. Personal injury or advertising injury which would not have taken place in whole or in part but for the actual al leged or threatened inhalation of inges tion of contact with exposure to exis tence of or presence of any fungi or bacteria on or within a building or struc ture including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treat ing detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Defini tions Section Fungi means any type or form of fungus in cluding mold or mildew and any mycotoxins spores scents or byproducts produced or re leased by fungi. CG D243 01 02 Copyright The Travelers Indemnity Company 2002 Includes copyrighted material of Insurance Services Office Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humilia tion or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily in jury to that person at whom any of the em ployment related practices described in Para graphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability This insurance does not apply to Personal injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion de motion evaluation reassignment disci pline defamation harassment humilia tion or discrimination directed at that person or The spouse child parent brother or sister of that person as a consequence of personal injury to that person at whom any of the em ployment related practices described in Para graphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG D288 1103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liabil This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2. Inspection supervision quality control architec tural or engineering activities done by or for you on a project on which you serve as construction manager. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcon tractors. CG D2931103 Copyright The Travelers Indemnity Company 2003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION SUITS BY ONE NAMED INSURED AGAINST ANOTHER NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to any claim for damages by any Named Insured against another Named Insured because of bodily injury prop erty damage personal injury or advertising in jury B. Condition 7. Separation of Insureds is deleted and replaced by the following Except with respect to the Limits of Insurance the exclusion in A. of this endorsement and any rights or duties specifically assigned in this Coverage Part to the First Named Insured this insurance applies a. As if the Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. CG D3 220104 Copyright The Travelers Indemnity Company 2004 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNSOLICITED COMMUNICATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Unsolicited Communication Bodily injury or property damage arising out of any actual or alleged violation of any law that re stricts or prohibits the sending transmitting or dis tributing of unsolicited communication. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Unsolicited Communication Personal injury or advertising injury arising out of any actual or alleged violation of any law that restricts or prohibits the sending transmitting or distributing of unsolicited communication. The following is added to the DEFINITIONS Sec tion Unsolicited communication means any commu nication in any form that the recipient of such communication did not specifically request to re ceive. exclusion is added to Paragraph 2. of SECTION COVERAGES. A BODILY INJURY AND PROP GE LIABILITY Communication Page 1 of 1 CG D326 10 11 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOBILE EQUIPMENT REDEFINED EXCLUSION OF VEHICLES SUBJECT TO MOTOR VEHICLE LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS The following replaces Paragraph 5 of Exclusion g. Aircraft Auto Or Watercraft in Paragraph 2. of SECTION COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 5 Bodily injury or property damage arising out of a The operation of machinery or equipment 1. b that is attached to or part of a land vehi cle that would qualify as mobile equip ment under the definition of mobile equipment if such land vehicle were not subject to a compulsory or financial re sponsibility law or other motor vehicle in surance law where it is licensed or prin cipally garaged or The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equip ment. 2. The following replaces the definition of auto in the DEFINITIONS Section 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads in cluding any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. The following is added as to the definition of mo bile equipment in the DEFINITIONS Section However mobile equipment does not in clude any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Such land vehicles are considered autos. Paragraph 3. of SECTION Il WHO IS AN IN SURED s deleted. replaces Paragraph 5 of Exclusion Auto Or Watercraft in Paragraph 2. COVERAGES COVERAGE A. JURY AND PROPERTY DAMAGE njury or property damage arising operation of machinery or equipment is attached to or part of a land vehi hat would qualify as mobile equip Page 1 of 1 CG D356 05 14 2014 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ALL PROJECTS SUBJECT TO A WRAP UP INSURANCE PROGRAM WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Wrap up Insurance Programs Bodily injury or property damage arising out of any project that is or was subject to a wrap up insurance program. This exclusion does not apply to bodily injury or property damage arising out of your ongoing operations that 1 Are being performed at any location owned by or rented to you that is outside the project site for that project and is not covered by the wrap up insurance program for that project or Are punch list or warranty work if coverage was available to the insured under the wrap up insurance program for bodily injury and property damage arising out of your ongoing operations and the bodily injury or property damage occurs after the expiration of all such coverage. 2 The exceptions in this exclusion do not apply to bodily injury or property damage included in the products completed operations hazard even if you are required to provide such coverage for an additional insured by a written contract or agreement. The following is added to the DEFINITIONS Sec tion Wrap up insurance program means any agree ment or arrangement including any contractor controlled owner controlled or similar insurance program under which a. Some or all of the contractors working on a specific project or specific projects are re quired to enroll in a program to obtain insur ance that 1 Includes the same or similar insurance as that provided by this Coverage Part and 2 Is issued specifically for injury or damage arising out of such project or projects and b. You are or were enrolled or allowed to enroll. Page 1 of 1 CGD3910813 2013 The Travelers Indemnity Company. Al rights reserved.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ARCHITECTURAL ENGINEERING OR SURVEYING PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Architectural Engineering Or Surveying Pro fessional Services Bodily injury or property damage arising out of the rendering of or failure to render any profes sional services by or on behalf of any insured but only with respect to any of the following op erations a. Providing or hiring independent profession als to provide architectural engineering or surveying services to others in any insured s capacity as an architect engineer or sur veyor or b. Providing or hiring independent profession als to provide architectural engineering or surveying services in connection with con struction work any insured performs. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTIS ING INJURY LIABILITY Architectural Engineering Or Surveying Professional Services Personal injury or advertising injury arising out of the rendering of or failure to render any pro fessional services by or on behalf of any insured but only with respect to any of the following op erations a. Providing or hiring independent profession als to provide architectural engineering or surveying services to others in any insured s capacity as an architect engineer or sur veyor or b. Providing or hiring independent profession als to provide architectural engineering or surveying services in connection with con struction work any insured performs. The following is added to the DEFINITIONS Section Professional services a. Includes 1 Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders or change orders or preparing approving or failing to prepare or approve drawings and specifications and Supervisory or inspection activities per formed as part of any related architec tural or engineering or surveying activi ties. 2 b. Does not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CG D546 10 11 Page 1 of 1 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Violation Of Consumer Financial Protection Laws Bodily injury or property damage arising out of any actual or alleged violation of a consumer financial protection law or any other bodily in jury or property damage alleged in any claim or suit that also alleges any such violation. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVER TISING INJURY LIABILITY Violation Of Consumer Financial Protection Laws Personal injury or advertising injury arising out of any actual or alleged violation of a con sumer financial protection law or any other personal injury or advertising injury alleged in any claim or suit that also alleges any such violation. The following is added to the DEFINITIONS Section Consumer financial identity information means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person s eligibil ity for personal credit insurance or employment or for the purpose of conducting a business transaction a. Part or all of the account number the expi ration date or the balance of any credit debit bank or other financial account. b. Information bearing on a person s credit worthiness credit standing or credit capac ity. c. Social security number. d. Drivers license number. e. Birth date. Consumer financial protection law means a. The Fair Credit Reporting Act FCRA and any of its amendments including the Fair and Accurate Credit Transactions Act FACTA b. California s Song Beverly Credit Card Act and any of its amendments or c. Any other law or regulation that restricts or prohibits the collection dissemination transmission distribution or use of con sumer financial identity information. Page 1 of 1 CG D618 10 11 2011 The Travelers Indemnity Company. All rights reserved.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Access Or Disclosure Of Confidential Or Personal Information Bodily injury or property damage arising out of any access to or disclosure of any person s or organization s confidential or personal information. CG D746 0115 Page 1 of 1 2015 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION LEAD This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY PROVISIONS This insurance does not apply to any injury damage loss cost payment or expense including but not limited to defense and investigation of any kind aris ing out of resulting from caused by or contributed to by the actual or alleged presence or actual al leged or threatened dispersal release ingestion in halation or absorption of lead lead compounds or lead which is or was contained or incorporated into any material or substance. This exclusion applies but is not limited to 1. Any supervision instructions recommendations warnings or advice given in connection with the above Any obligation to share damages losses costs payments or expenses with or repay someone else who must make payment because of such injury or damage loss cost payment or ex pense or Any request order or requirement to abate mitigate remediate contain remove or dispose of lead lead compounds or materials or sub stances containing lead. CG DO 76 06 93 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DISCRIMINATION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY is amended by ad ding the following additional exclusion This Insurance does not apply to Bodily injury resulting from or as a consequence of discrimination whether intentional or uninten tional based upon a person s sex sexual prefer ence marital status race creed religion na tional origin age physical capabilities character istics or condition or mental capabilities or con dition. 2. COVE ING It the fol This i Persc quenc uninte prefer nation teristic condit 2. COVERAGE B PERSONAL AND ADVERTIS ING INJURY LIABILITY is amended by adding the following additional exclusion This insurance does not apply to Personal injury resulting from or as a conse quence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities charac teristics or condition or mental capabilities or condition. CG D1420199 Copyright The Travelers Indemnity Company 1999 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT POLLUTION EXCLUSION INCLUDING LIMITED COVERAGE FOR POLLUTION COSTS CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART I. REVISED EXCLUSION F. Exclusion f. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages is deleted and replaced by the following This insurance does not apply to f. 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied or managed by or rented or loaned to any insured. However this paragraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building ii Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire I. REVISED EXCLUSION F. Exclusion f. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY Section Coverages is deleted and replaced by the following This insurance does not apply to f. 1 Bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or loca tion which is or was at any time owned or occupied or managed by or rented or loaned to any insured. However this paragraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equip ment used to heat that building ii Bodily injury or property dam age for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations per formed for that additional insured at that premises site or location and such premises site or loca tion is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property dam age arising out of heat smoke or fumes from a hostile fire b At or from any premises site or loca c tion which is or was at any time used by or for any insured or others for the handling storage disposal process ing or treatment of waste 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 organization for whom you may be legally responsible d At or from any premises site or loca e tion on which any insured or any con tractors or subcontractors working di rectly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat de toxify or neutralize or in any way re spond to or assess the effects of pollutants or If any such discharge dispersal seepage migration release or es cape of pollutants at or from any premises site or location commences in whole or in part before the policy period. All discharges dispersals seepages migrations releases or escapes of pollutants at or from any premises site or location shall be deemed to commence at the time of the initial discharge release or es cape. However subparagraph e does not apply to bodily injury or property damage included within the Products Completed Operations Hazard. Subparagraphs a b and c do not apply to bodily injury or property dam age if CGD1731103 Copyright The Travelers Indemnity Company 2003 Page 1 0of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY 1 the discharge release or escape of 2 3 4 pollutants is either i. at or from any premises site or location other than at or from an underground storage tank which is owned or occupied or managed by or rented or loaned to you during the policy period or ii. from a pipe containing sewage and the discharge release or escape of pollutants commences abruptly dur ing the policy period and ends within a period of 7 consecutive days after the initial discharge release or es cape and the discharge release or escape of pollutants becomes known to the insured and reported in writing to us within thirty 30 days from its abrupt commencement and the bodily injury or property dam age arises only out of the discharge release or escape of pollutants de scribed in 1 2 and 3 above. 2 This insurance also does not apply to Pollution costs. Il. COVERAGE D. LIMITED COVERAGE FOR POLLUTION COSTS 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as lim ited covered pollution costs to which this insurance applies. We will have the right and duty to defend any suit seeking limited covered pollution costs. We may at our discretion investigate any occur rence and settle any claim or suit that may result. But 1 The amount we will pay for limited a. covered pollution costs shall be in cluded within and not in addition to the Each Occurrence Limit because of all bodily injury and property damage arising out of any one oc currence. The total amount we will pay for limited covered pollution costs shall be included within and not in addition to the limits set forth in LIMIT OF INSURANCE Section Ill paragraphs 2. and 3. whichever is applicable and Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Cov erages A or B medical expenses un der Coverage C or limited covered pollution costs under Coverage D. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUP PLEMENTARY PAYMENTS COVER AGES A Band D.. This insurance applies to limited covered pollution costs only if 1 The limited covered pollution costs result from an occurrence that takes place in the coverage territory and 2 The same occurrence which results in limited covered pollution costs also causes bodily injury or prop erty damage to which Coverage A applies. 2. Exclusions This insurance does not apply to Limited covered pollution costs incurred by any person or organization other than the Named Insured shown in the Declara tions. Limited covered pollution costs which the insured is obligated to pay by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability that the insured would have to pay limited covered pollution costs in the absence of the contract or agreement. Limited covered pollution costs if the bodily injury or property damage aris ing out of the actual alleged or threat ened discharge dispersal seepage mi gration release or escape of pollutants is not covered under Coverage A. 3. SUPPLEMENTARY PAYMENTS COVER AGES A AND B is amended to read SUPPLEMENTARY PAYMENTS COVER AGES A B AND D. Page 2 of 3 Copyright The Travelers Indemnity Company 2003 CGD1731103 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY Ill. ADDITIONAL DEFINITIONS The following shall be added to DEFINITIONS Section V Limited covered pollution costs means any cost or expense arising out of a. Any request demand or order that the in sured test for monitor cleanup remove con tain treat detoxify or neutralize or assess the effects of pollutants or Any claim or suit by or on behalf of a gov ernmental authority demanding that the in sured test for monitor cleanup remove con tain treat detoxify or neutralize or assess the effects of pollutants. Limited covered pollution costs shall not in clude i. Punitive or exemplary damages or statu tory or administrative fines or penalties or ii. Salaries or benefits paid to your employ ees or Any cost or expense arising out of any request demand or order that the insured test for monitor cleanup remove con tain treat detoxify or neutralize or as sess the effects of pollutants situated on any premises site or location which is or was at any time owned occupied or managed by or rented or loaned to you or iv. Any cost or expense arising out of any claim or suit by or on behalf of a gov ernmental authority demanding that the insured test for monitor cleanup re move contain treat detoxify or neutral ize or assess the effects of pollutants situated on any premises site or location which is or was at any time owned occu pied or managed by rented or loaned to you. Pollution costs means any cost or expense arising out of a. Any request demand order or statutory or regulatory requirement that any in sured or others test for monitor cleanup remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b. Any claim or suit by or on behalf of a governmental authority because of testing for monitoring cleaning up removing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. Underground storage tank means any one or combination of tanks including pipes connected thereto the volume of which including the vol ume of underground pipes connected thereto is 10 or more beneath the ground surface or oth erwise covered with earthen materials. Under ground pipes means all underground piping in cluding but not limited to valves elbows joints flanges and flexible connectors attached to a tank system. CGD1731103 Copyright The Travelers Indemnity Company 2003 Page 3 0of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of 1. The design manufacture construction fabrica tion distribution sale preparation installation application maintenance or repair including re modeling service correction or replacement of any exterior insulation and finish system com monly referred to as synthetic stucco or EIFS or any part thereof or any substantially similar sys tem or any part thereof including the application or use of conditioners primers accessories flashing coatings caulking or sealants in con nection with such a system or 2. Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finish sys tem or any substantially similar system is used on any part of that structure. The following is added to DEFINITIONS Section V Exterior insulation and finish system means an exterior cladding or finish system used on any part of any structure and consisting of a. A rigid or semi rigid insulation board made of expanded polystyrene or other materials and b. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate and c. Areinforced base coat and d. A finish coat providing surface texture and color. CG D2 04 06 01 Copyright The Travelers Indemnity Company 2001 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA OR SILICA RELATED DUST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS 1. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE A BODILY INJURY AND PROP ERTY DAMAGE LIABILITY Silica Or Silica Related Dust Bodily injury or property damage arising out of the actual alleged or threatened discharge dis persal emission release escape handling con tact with exposure to or inhalation or respiration of silica or silica related dust. This includes but is not limited to 1 Any supervision instructions recommenda tions warnings or advice given or which should have been given in connection with the above and 2 Any obligation to share damages with or re pay someone else who must pay damages because of such bodily injury or property damage. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY Silica Pers of the disper conta tion clude Silice tion of Silica Or Silica Related Dust Personal injury or advertising injury arising out of the actual alleged or threatened discharge dispersal emission release escape handling contact with exposure to or inhalation or respira tion of silica or silica related dust. This in cludes but is not limited to 1 Any supervision instructions recommenda tions warnings or advice given or which should have been given in connection with the above and 2 Any obligation to share damages with or re pay someone else who must pay damages because of such injury. The following is added to the DEFINITIONS Sec tion Silica means silicon dioxide occurring in crystal line amorphous and impure forms silica parti cles silica dust or silica compounds. Silica related dust means a mixture or combina tion of silica and other dust or particles. CGD24009 15 Page 1 of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION WAR This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Exclusion i. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to War Bodily injury or property damage aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force in cluding action in hindering or de fending against an actual or expected attack by any government sovereign or other authority using military per sonnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any se quence to the injury or damage. 3 B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to War Personal injury or advertising injury aris ing directly or indirectly out of 1 War including undeclared or civil war or 2 Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to the injury. 3 CG D2 420102 Copyright The Travelers Indemnity Company 2002 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASBESTOS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART CATASTROPHE UMBRELLA POLICY This insurance does not apply to bodily injury a. Any supervision instructions recommendati property damage personal injury or advertising warnings or advice given or which should h injury arising out of the actual or alleged presence been given in connection with the above and or actual alleged or threatened dispersal of asbes b. Any obligation to share damages with or re tos asbestos fibers or products containing asbestos provided that the injury or damage is caused or con tributed to by the hazardous properties of asbestos. This includes someone else who must pay damages beca of such injury or damage. a. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and b. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. Copyright The Travelers Indemnity Company. CG T4 78 02 90 Page 1 of 1
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COMMERCIAL GENERAL LIABILITY POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ALL HAZARDS IN CONNECTION WITH A DESIGNATED EXPOSURE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE DESCRIPTION YOUR WORK ON OR FOR ANY PROJECT LOCATED IN THE STATE OF ALABAMA ARIZONA CALIFORNIA COLORADO FLORIDA HAWAII LOUISIANA MONTANA NEVEDA OREGON SOUTH CAROLINA TEXAS OR WASHINGTON THAT IN WHOLE OR IN PART IS OR WILL BECOME ANY SINGLE OR MULTI FAMILY HOUSING ANY REDSIDENTIAL CONDOMINIUM ANY RESIDENTIAL APARTMENT OR ANY ASSISTED LIVING FACILITY. This insurance does not apply to bodily injury arising out of 1. Any exposure shown in the above schedule or 2. Any supervision instructions recommendations or advice given or which should have been given in connection therewith. property damage personal injury or advertising injury CGT4811188 Page 1of1
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N TRAVELERS J One Tower Square Hartford Connecticut 06183 EMPLOYEE BENEFITS LIABILITY POLICY NO. DT CO2H313873 COF17 COVERAGE PART DECLARATIONS ISSUE DATE 07 17 17 INSURING COMPANY THE CHARTER OAK FIRE INSURANCE COMPANY DECLARATIONS PERIOD From 06 30 17 to 06 30 18 1201 A.M. Standard Time at your mailing address shown in the Common Policy Declarations. The Employee Benefits Liability Coverage Part consists of these Declarations and the Coverage Form shown below. 1. COVERAGE AND LIMITS OF INSURANCE Employee Benefits Liability Coverage Form Limits of Insurance Aggregate Limit 2000000 Each Employee Limit 1000000 2. AUDIT PERIOD ANNUAL 3. FORM OF BUSINESS CORPORATION 4. RETROACTIVE DATE This insurance does not apply to negligent acts errors or omissions which occurred before the Retroactive Date if any shown below. Retroactive Date 06 30 2016 5. EMPLOYEE BENEFIT PROGRAMS OTHER THAN THOSE LISTED IN SECTION VII DEFINITIONS Limits of Insurance 2000000 1000000 DEDUCTIBLE NONE EACH EMPLOYEE PREMIUM COMPUTATION Rate Estimated No. Per Estimated Minimum of Employees Employee Premium Premium 45.320 300 300 NUMBERS OF FORMS SCHEDULES AND ENDORSEMENTS FORMING PART OF THIS COVERAGE PART ARE ATTACHED AS A SEPARATE LISTING. CG T0 09 09 93 PRODUCER LOCKTON COMPANIES LLC Page 1 of 1 OFFICE OMAHA DBB83
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TABLE OF CONTENTS SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions Supplementary Payments..... SECTION Il WHO IS AN INSURED SECTION III LIMITS OF INSURANCE SECTION IV DEDUCTIBLE Bankruptey... Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Non renewal And Renewal Conditions Applicable to SECTION VI EXTENDED REPORTING PERIODS SECTION VII DEFINITIONS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS.. o Duties in The Event of Act Error or Omission Claim Or Suit Commercial General Liability Coverage Part... Beginning on Page NNNNOo oo oo CG T043 0116 2016 The Travelers Indemnity Company. Al rights reserved. Page 1 of 1 TABLE OF CONTENTS EMPLOYEE BENEFITS LIABILITY COVERAGE FORM Beginning on Page SECTION EMPLOYEE BENEFITS LIABILITY COVERAGE Insuring Agreement Exclusions SUPPIEMENLArY PAYMENES o O SECTION Il WHO IS AN INSURED 3 SECTION III LIMITS OF INSURANCE 4 SECTION IV DEDUCTIBLE 4 SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS........ ccooociiiiiii Bankruptey... e Duties in The Event of Act Error or Omission Claim Or Suit Legal Action Against Us Other Insurance Premium Audit Representations Separation of Insureds Transfer of Rights of Recovery Against Others To Us When We Do Not Renew Cancellation Non renewal And Renewal Conditions Applicable to Commercial General Liability Coverage Part... 1 NNNNOo oo oo SECTION VI EXTENDED REPORTING PERIODS 7 SECTION VII DEFINITIONS 8 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM
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COMMERCIAL GENERAL LIABILITY EMPLOYEE BENEFITS LIABILITY COVERAGE FORM THIS INSURANCE PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE FORM CAREFULLY. Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VII Definitions. SECTION EMPLOYEE BENEFITS LIABILITY 3 The negligent act error or omission was COVERAGE committed on or after the Retroactive 1. Insuring Agreement Dgte if any shown in the Declarations of. this Coverage Part and before the end of a. We will pay those sums that the insured CGT1010116 becomes legally obligated to pay as damages the policy period and because of loss to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for loss to which this insurance does not apply. We may at our discretion investigate any negligent act error or omission and settle any claim or suit that may result But 1 The amount we will pay for damages is limited as described in Section I Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. This insurance applies to loss only if 1 The loss is caused by a negligent act error or omission committed by the insured or by any other person for whose acts the insured is legally liable in the administration of your employee benefit program The negligent act error or omission is committed in the coverage territory 2 4 A claim or suit for damages because of the loss is first made or brought against any insured in accordance with Paragraph e. below during the policy period or any Extended Reporting Period we provide under Section VI Extended Reporting Periods. Each negligent act error or omission in a series of related negligent acts errors or omissions will be deemed to have been committed on the date the first such negligent act error or omission in that series is committed. If the Retroactive Date is left blank in the Declarations of this Coverage Part the Retroactive Date will be deemed to be the first day of the policy period. A claim or suit seeking damages will be deemed to have been first made or brought at the earlier of the following times 1 When we or any insured first receives written notice of such claim or suit whichever comes first or 2 When we first receive written notice from any insured of a specific negligent act error or omission that caused the loss which resulted in such claim or suit. All claims or suits that seek damages because of loss sustained by any one employee including the employee s dependents and beneficiaries will be deemed 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY to have been first made or brought at the time the first of those claims or suits is made or brought against any insured. A claim or suit that seeks damages will be deemed to have been first made or brought at the time we receive written notice from any insured of a specific negligent act error or omission only if that notice contains all of the following information 1 How when and where the negligent act error or omission was committed 2 A description of what happened 3 A description of what damages may result 4 The identity of the person or organization that may make a claim or bring a suit and 5 The identity of each insured that committed the negligent act error or omission. Notice to us that any insured may in the future receive written notice of a negligent act error or omission claim or suit is not notice of a specific negligent act error or omission. 2. Exclusions This insurance does not apply to a. Criminal Dishonest Fraudulent Or Malicious Acts Loss arising out of any criminal dishonest fraudulent or malicious act error or omission committed by any insured including the willful or reckless violation of any law or regulation. Injury Or Damage Bodily injury property damage personal injury or advertising injury. Failure To Perform A Contract Loss arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Loss arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Inadequacy Of Performance Of Investment Or Advice Given With Respect To Participation Any claim or suit based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Loss arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. ERISA Loss for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as amended or by any similar federal state or local laws. Available Benefits Loss of benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance. Taxes Fines Or Penalties 1 Any taxes fines or penalties including those imposed under any provision of the Internal Revenue Code of 1986 as amended or any similar state or local law or 2 Any loss cost or expense arising out of the imposition of such taxes fines or penalties. Employment Related Practices Loss to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practice or policy such as coercion demotion reassignment discipline failure to promote or advance harassment humiliation discrimination libel slander violation of the person s right of privacy malicious prosecution or false arrest detention or Page 2 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY imprisonment applied to or directed at that person regardless of whether such practice or policy occurs is applied or is committed before during or after the time of that person s employment or 2 The spouse child parent brother or sister of that person as a consequence of loss to that person at whom any of the employment related practices or policies described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the loss. Access Or Disclosure Of Confidential Or Personal Information Loss arising out of any access or disclosure of any person s or organization s confidential or personal information. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 500 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we made an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are also insureds but only with respect to their liability as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured Each of your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company who is or was authorized to administer your employee benefit program. Any person or organization having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership CGT1010116 Page 3 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage under this provision does not apply to any negligent act error or omission that was committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership joint venture or limited liability company that otherwise qualifies as an insured under Section I Who Is An Insured. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. 2. The Aggregate Limit is the most we will pay for all damages because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV DEDUCTIBLE 1. The Deductible shown in the Declarations and the rules below fix the amount of damages incurred by or on behalf of you or any insured that you will be responsible for paying regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. If no amount is shown for the Deductible in the Declarations the Deductible does not apply to this Coverage Part. 2. The Deductible applies to all damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries because of all negligent acts errors or omissions committed in the administration of your employee benefit program. 3. The Limits of Insurance will not be reduced by the amount of damages within the deductible amount. 4. The terms of this policy including those with respect to a. Our right and duty with respect to the defense of suits and b. Your duties in the event of an act error or omission claim or suit apply irrespective of the application of the deductible amount. 5. If we settle a claim or suit for damages or pay a judgment for damages awarded in a suit that are subject to a deductible we may pay any part or all of the deductible amount. You will promptly reimburse us for such part of the deductible amount as we have paid. SECTION V EMPLOYEE BENEFITS LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Page 4 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY 2. Duties In The Event Of Act Error Or Omission Claim Or Suit a. CGT1010116 You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it was committed and 2 The names and addresses of any employees who may suffer loss caused by the act error or omission. If a claim is made or suit is brought by any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. 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 a suit Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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 loss to which this insurance may also apply. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. The following provisions apply to Paragraph a. above but only for purposes of the insurance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section Il Who Is An Insured 1 Notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known to you if you are an individual any of your partners or members who is an individual if you are a partnership or joint 2 3 4 2016 The Travelers Indemnity Company. All rights reserved. venture any of your managers who is an individual if you are a limited liability company any of your executive officers or directors if you are an organization other than a partnership joint venture or limited liability company any of your trustees who is an individual if you are a trust or any employee authorized by you to give notice of an act error or omission. If you are a partnership joint venture limited liability company or trust and none of your partners joint venture members managers or trustees are individuals notice to us of such act error or omission must be given as soon as practicable only after the act error or omission is known by a Any individual who is i A lawfully elected or appointed official executive officer or director of any public entity iiy A partner or member of any partnership or joint venture iii A manager of any limited liability company iv An executive officer or director of any other organization or v Atrustee of any trust that is your partner joint venture member manager or trustee or Any employee authorized by such partnership joint venture limited liability company trust or other organization to give notice of an act error or omission. b 3. Legal Action Against Us No person or organization has a right under this Coverage Part a. Tojoinus as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that Page 5 of 9 Includes copyrighted material of Insurance Services Office Inc. with its permission.
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COMMERCIAL GENERAL LIABILITY are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 4. Other Insurance If valid and collectible other insurance is available to the insured for a loss we cover under this Coverage Part our obligations are limited as described in Paragraphs a. and b. below. As used anywhere in this Coverage Part other insurance means insurance or the funding of losses that is provided by through or on behalf of i Another insurance company ii Us or any of our affiliated insurance companies iii Any risk retention group or iv Any self insurance method or program in which case the insured will be deemed to be the provider of other insurance. Other insurance does not include umbrella insurance or excess insurance that was bought specifically to apply in excess of the Limits of Insurance shown in the Declarations. As used anywhere in this Coverage Part other insurer means a provider of other insurance. As used in Paragraph b. below insurer means a provider of insurance. a. Primary Insurance This insurance is primary. If any of the other insurance is also primary we will share with all that other insurance by the method described in Paragraph b. below. b. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it 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. Page 6 of 9 2016 The Travelers Indemnil Includes copyrighted material of Insuranc 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. The unintentional omission of or unintentional error in any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or renewal in accordance with applicable insurance laws or regulations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage y Company. Al rights reserved. CG T1010116 Services Office Inc. with its permission. 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 10. Cancellation Nonrenewal And Renewal ns Applicable To Commercial General y Coverage Part All conditions relating to cancellation nonrenewal or renewal that are included in any endorsement applicable to the Commercial General Liability Coverage Part attached to this policy also apply to this Coverage Part. SECTION VI EXTENDED REPORTING PERIODS 1. We will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is cancelled or not renewed for any reason or b. We renew or replace this Coverage Part with insurance that has a Retroactive Date later than the date shown in the Declarations. 2. The Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They only apply to claims or suits for loss caused by a negligent act error or omission committed on or after the Retroactive Date shown in the Declarations and before the end of the policy period. Once in effect Extended Reporting Periods may not be canceled. 3. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for 90 days. The Basic Extended Reporting Period does not apply to claims or suits for loss covered under subsequent insurance you purchase or that would be covered under such insurance but for the exhaustion of its applicable limit of insurance. The Basic Extended Reporting Period does not reinstate or increase the limits of insurance. 4. A Supplemental Extended Reporting Period is available but only by an endorsement and for an extra charge. This supplemental period starts with the end of the policy period and lasts for three years or an unlimited period of time as set forth in the Supplemental Extended Reporting Period Endorsement. This supplemental period replaces the Basic Extended Reporting Period. This Supplemental Extended Reporting Period will not go into effect unless we receive all of the following within 90 days after the end of the policy period and you have fulfilled all other duties and complied with all other conditions and requirements under this policy a. A written request from you to purchase the Supplemental Extended Reporting Period b. Full payment of the earned premium for this policy c. Payment of the additional premium for the Supplemental Extended Reporting Period Endorsement and d. Repayment of any deductible you owe us under this Coverage Part. We will determine the additional premium for that endorsement in accordance with our rules and rates. The additional premium for the Supplemental Extended Reporting Period Endorsement will not exceed 200 of the annual premium for this policy. This endorsement will set forth the terms not inconsistent with this Section VI Extended Reporting Periods applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims or suits first made or brought against any insured during such period is excess over any valid and collectible other insurance available under insurance in force after the Supplemental Extended Reporting Period starts. The Supplemental Extended Reporting Period does not reinstate or increase the limits of insurance. SECTION VIl DEFINITIONS 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of the employee benefit program CGT1010116 Page 7 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY b. c. Handling records in connection with the employee benefit program or Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury a. Means injury other than personal injury caused by one or more of the following offenses 1 Oral or written publication including publication by electronic means of material in your advertisement that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to have had its goods products or services disparaged Oral or written publication including publication by electronic means of material in your advertisement that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light or 3 Infringement of copyright title or slogan in your advertisement provided that the claim is made or the suit is brought by a person or organization that claims ownership of such copyright title or slogan. 2 b. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. Bodily injury a. Means any harm including sickness or disease to the health of a person. b. Includes mental anguish injury or illness or emotional distress. Cafeteria plan means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Coverage territory means the United States of America including its territories and possessions Puerto Rico or Canada provided that the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada or in a settlement we agree to. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Employee benefit program a. Means a program providing some or all of the following benefits to your employees whether provided through a cafeteria plan or otherwise 1 Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than your employee may subscribe to such benefits and such benefits are made generally available to all of those employees who are eligible under the plan for such benefits Unemployment insurance social security benefits workers compensation and disability benefits 2 3 Page 8 of 9 CGT1010116 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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COMMERCIAL GENERAL LIABILITY 4 Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Declarations or added thereto by endorsement. b. Does not include any benefit plan or program described in Paragraph a. above that is self insured. 9. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. Personal injury a. Means injury other than advertising injury caused by one or more of the following offenses 1 False arrest detention or imprisonment 2 Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies provided that the wrongful eviction wrongful entry or invasion of the right of private occupancy is committed by or on behalf of the owner landlord or lessor of that room dwelling or premises Oral or written publication including publication by electronic means of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services provided that the claim is made or the suit is brought by a person or organization that claims to have been slandered or libeled or that claims to 5 4 b. have had its goods products or services disparaged or 5 Oral or written publication including publication by electronic means of material that a Appropriates a person s name voice photograph or likeness or b Unreasonably places a person in a false light. Includes bodily injury caused by one or more of the offenses described in Paragraph a. above. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property or b. Loss of use of tangible property that is not physically injured. 13. Slogan a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as or in the name of 1 Any person or organization other than you or 2 Any business or any of the premises goods products services or work of any person or organization other than you. 14. Suit means a civil proceeding in which damages because of loss to which this insurance applies are alleged. Suit includes An arbitration proceeding in which such damages are claimed and to which the insured must submit or submits with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 15. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 16. Title means a name of a literary or artistic work. CGT1010116 Page 9 of 9 2016 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with s permission.
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INTERLINE ENDORSEMENTS
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INTERLINE ENDORSEMENTS
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commercial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terrorism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an indi vidual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved. Page 1of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2
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