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In no event however will the Federal Government be required to pay any portion of the amount of such Insured Losses occurring in a calendar year that in the aggregate exceeds 100 billion nor will any Insurer be required to pay any portion of such amount provided that such Insurer has met its Insurer Deductible. Therefore if such In sured Losses occurring in a calendar year exceed 100 billion in the aggregate the amount of any payments by the Federal Government and any coverage provided by this policy for losses caused by Acts Of Terrorism may be reduced. For each coverage provided by this policy that applies to such Insured Losses the charge for such Insured Loss es is included in the premium for such coverage. The charge for such Insured Losses that has been included for each such coverage is indicated below and does not include any charge for the portion of such Insured Losses covered by the Federal Government under TRIA. 1 of each applicable Commercial Liability Coverage premium. Page 2 of 2 ILT3 680115 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER DT CO2H313873 COF17 ISSUE DATE 07 17 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION Number of Days Notice of Cancellation 30 CANCELLATION PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL T8 03 ADDRESS THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL T8 03 LINCOLN NE 68507 PROVISIONS If we cancel this policy for any statutorily permitted reason other than nonpayment of premium and a number of days is shown for cancellation in the schedule above we will mail notice of cancellation to the person or organization shown in the schedule IL T4 0503 11 2011 The Travelers Indemnity Company. All rights reserved. above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. Page 1 of 1 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF COMMON POLICY CONDITIONS PROHIBITED COVERAGE UNLICENSED INSURANCE AND TRADE OR ECONOMIC SANCTIONS This endorsement modifies insurance provided under the following ALL COVERAGES INCLUDED IN THIS POLICY The following is added to the Common Policy Condi tions Prohibited Coverage Unlicensed Insurance 1. With respect to loss sustained by any insured or loss to any property located in a country or juris diction in which we are not licensed to provide this insurance this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdic tion. 2. We do not assume responsibility for a. The payment of any fine fee penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insur ance in such country or jurisdiction or Prohibite tions We will p will provid ing such any of our 1. Any tr regulz 2. Anyo prohit b. The furnishing of certificates or other evi dence of insurance in any country or jurisdic tion in which we are not licensed to provide insurance. Prohibited Coverage Trade Or Economic Sanc tions We will provide coverage for any loss or otherwise will provide any benefit only to the extent that provid ing such coverage or benefit does not expose us or any of our affiliated or parent companies to 1. Any trade or economic sanction under any law or regulation of the United States of America or 2. Any other applicable trade or economic sanction prohibition or restriction. ILT41203 15 Page 1 of 1 2014 The Travelers Indemnity Company. All rights reserved. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following BOILER AND MACHINERY COVERAGE PART COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE DELUXE PROPERTY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITYWITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COVERAGE PART ENVIRONMENTAL HAZARD POLICY EQUIPMENT BREAKDOWN COVERAGE PART 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 Coverage Part or Coverage Form included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended The following is added to this policy. This provision can limit coverage for any loss arising out of a certi fied act of terrorism if such loss is otherwise covered by this policy. This provision does not apply if and to the extent that coverage for the loss is excluded or limited by an exclusion or other coverage limitation for losses arising out of certified acts of terrorism in an other endorsement to this policy. If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our insurer deductible under TRIA we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. ILT414 0115 2015 The Travelers Indemnity Company. All rights reserved. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in accordance with the provisions of TRIA to be an act of terrorism pursuant to TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. TRIA means the federal Terrorism Risk Insurance Act of 2002 as amended. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 2015 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily in jury or property damage 1 With respect to which an insured under 2 the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Associa tion Mutual Atomic Energy Liability Un derwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such pol icy but for its termination upon exhaus tion of its limit of liability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indem nity from the United States of America or any agency thereof under any agree ment entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous proper ties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nu clear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The bodily injury or property damage arises out of the furnishing by an in sured of services materials parts or equipment in connection with the plan ning construction maintenance opera tion or use of any nuclear facility but if such facility is located within the United States of America its territories or pos sessions or Canada this exclusion 3 applies only to property damage to such nuclear facility and any property thereat. 2. Asused in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product mate rial. IL 00 21 05 02 ISO Properties Inc. 2001 Page 1 of 2 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore proc essed primarily for its source material content and b resulting from the operation by any per son or organization of any nuclear facility in cluded under the first two paragraphs of the defi nition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste c Any equipment or device used for the proc essing fabricating or alloying of special nu clear material if at any time the total amount of such material in the custody of the in sured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 05 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2. Cancellation Of Policies In Effect Isag the reasons for cancellation at east a. 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this pol icy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through ma terial misrepresentation 3 Any insured has submitted a fraudu lent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased 6 Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any pro visions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United 7 The determination by the Director of N o o Insurance that the continuation of the Satez POSaI Semce Crtlflgate fOf Malllng policy could place us in violation of sha hedsu Icet prdoo o receptc notlcfe fh the Nebraska Insurance Laws. the third calendar day after the date of the certificate of mailing. IL 02 59 09 07 ISO Properties Inc. 2006 Page 1 of 1 IL 02 59 09 07 Page 1 of 1 | 2 |
POLICYHOLDER NOTICES | 2 |
POLICYHOLDER NOTICES | 2 |
IMPORTANT NOTICE INDEPENDENT AGENT AND BROKER COMPENSATION NO COVERAGE IS PROVIDED BY THIS NOTICE. THIS NOTICE DOES NOT AMEND ANY PROVISION OF YOUR POLICY. YOU SHOULD REVIEW YOUR ENTIRE POLICY CAREFULLY FOR COMPLETE INFORMATION ON THE COVERAGES PROVIDED AND TO DETERMINE YOUR RIGHTS AND DUTIES UNDER YOUR POLICY. PLEASE CONTACT YOUR AGENT OR BROKER IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE OR ITS CONTENTS. IF THERE IS ANY CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE THE PROVISIONS OF YOUR POLICY PREVAIL. For information about how Travelers compensates independent agents and brokers please visit www.travelers.com call our toll free telephone number 1 866 904 8348 or request a written copy from Marketing at One Tower Square 2GSA Hartford CT 06183. PN T4 54 01 08 Page 1 of 1 | 2 |
A TRAVELERS POLICYHOLDER NOTICE LEAD Dear Policyholder Lead has become a difficult problem for society as a whole and the insurance industry in particular. As a consequence we are attaching a lead exclusion to our liability policies based upon age and occupancy of buildings. Your policy contains this exclusion. If you have questions about your insurance program please contact your agent or local Company repre sentative. PN T194 08 94 Page 1 of 1 | 2 |
Policy Number ZAGLB9224901 WITCH ENTERPRISES INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED WITCH ENTERPRISES INC. NEW ENGLAND CONCRETE CUTTING INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 02 02 18 Sy TRMITIMAL. A ysese sV s WITCH ENTERPRISES INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED WITCH ENTERPRISES INC. NEW ENGLAND CONCRETE CUTTING INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 WITCH ENTERPRISES INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 ATTACHED ARE DOCUMENTS FOR THE FOLLOWING NAMED INSURED WITCH ENTERPRISES INC. NEW ENGLAND CONCRETE CUTTING INC. 467 SILVER STREET P O BOX 673 AGAWAM MA 01001 | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Includes copyright material of Insurance Services Office Inc. with its permission. Page 10f 1 00 ML0065 00 06 07 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PREMIUM COMPUTATION This endorsement modifies insurance provided as follows This endorsement applies to the lines of business indicated below X Commercial General Liability Business Auto Covered Autos Liability Business Auto Physical Damage Your premium will be computed as follows Audit Period 12312017 through 12312018 X Annual Semi annual Monthly Other If Commercial General Liability is indicated in Item 1 above the deposit premium set forth in the Declarations is adjustable and is only an estimated premium for the Audit Period shown in 2. above. The final earned premium for the Audit Period will be determined as specified in Condition 5. Premium Audit of SECTION IV COMMERCIAL GENERAL LIABLITY CONDITIONS. The Audit Premium will be computed by applying the Composite Rates against the Audited Exposure and Exposure Reporting Basis listed in the Premium Adjustment Table below. Such rates are prior to any applicable taxes licenses or fees. The final premium calculation is subject to the Minimum Earned Premium listed in 6. below. The deposit premium set forth in the Declarations includes premium for subcontractors hired by you. The rate charged for the subcontracted work will be listed in the Premium Adjustment Table below and will depend on whether or not the subcontractor shows evidence of an insurance program that contains a. Workers Compensation Employers Liability b. All coverages included in the general contractors General Liability policy and c. Limits of liability at least equal to the primary limit of the general contractor. If the subcontractors insurance meets our requirements the total cost of the subcontracted work will be applied to the rate shown in the Premium Adjustment Table for the appropriate Contractor Subcontracted Work classifications. If the subcontractors insurance does not meet our requirements premium will be based on the payroll portion of the total cost of the subcontracted work. If your records do not accurately reflect the payroll portion of the contract the entire cost of the contract may be deemed payroll. These subcontractors will be classified and rated as though they were your employees. Classifications used and rates charged will be shown in the Premium Adjustment Table below. If Business Auto Covered Autos Liability or Business Auto Physical Damage is indicated in Item 1. above the deposit premium set forth in the Declarations is adjustable and is only an estimated premium for the Audit Period shown in 2. above. The final earned premium for the Audit Period will be determined as specified in Condition 6. Premium Audit of SECTION IV BUSINESS AUTO CONDITIONS. The final premium will be computed by taking the number of autos at the beginning of the Audit Period adding the number of autos determined at the time of Audit and dividing by two to get an average number of autos. The average number of autos will then be applied against the Composite Rates listed in the Premium Adjustment Table below. Such rates are prior to any applicable surplus lines taxes licenses or fees. The final premium calculation is subject to the Minimum Earned Premium listed in 6. below. Information from a prior audit completed by us will be used as the number of autos at the beginning of the Audit Period if available. 00 ML0039 00 10 13 Page 1 of 2 | 2 |
If Business Auto Covered Autos Liability or Physical Damage is applicable you will not be required to report replacement autos or newly acquired autos within 30 days to us. Premium adjustments for these autos will be calculated as described above. 5. Premium Adjustment Table LOB Class Class Estimated Exposure Composite Estimated Code Description Exposure Reporting Basis Rate Premium CGL 70050 SERVICES 3477000 GL PAYROLL 4.930974 171450 PER 100 Additional Notes 6. Minimum Earned Premiums Commercial General Liability Business Auto Covered Auto Liability Business Auto Physical Damage All other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12312017 00 ML0039 00 10 13 Page 2 of 2 | 2 |
2 Arch Insurance Group Massachusetts Signature Page IN WITNESS WHEREOF Arch Insurance Company has caused this policy to be executed and attested. Vo lnot 4 C0n Patrick K. Nails Secretary Vit John Mentz President 05 ML0002 22 06 13 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE ENDORSEMENT As respects any loss reporting requirements under this policy it is understood and agreed that knowledge of any accident or incident by an agent servant or employee of yours or any other person shall not in itself constitute knowledge by you unless a corporate officer of yours principal partner owner or the person or persons responsible for insurance matters listed below shall have received notice from said agent servant employee or any other person. Name ANY CORPORATE OFFICER OF YOURS PRINCIPAL OWNER OR THE PERSON OR PERSONS RESPONSIBLE FOR INSURANCE MATTERS. Al other terms and conditions of this Policy remain unchanged. Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date Authorized Representative Page 10f 1 00 ML0020 00 11 03 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNINTENTIONAL ERRORS AND OMISSIONS ENDORSEMENT It is hereby agreed that your failure to disclose all hazards existing as of the inception date of this policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional or grossly negligent. Al other terms and conditions of this Policy remain unchanged. Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date Authorized Representative Page 10f 1 00 ML0021 00 11 03 | 2 |
POLICY NUMBER ZAGLB9224901 POLICY NUMBER ZAGLB9224901 IL 09 8501 15 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts INCLUDED This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 83 Year20 17 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 82 Year20 18 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. dditional information if any concerning the terrorism premium Year20 17 Year20 18 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. IL 09 8501 15 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
B. Disclosure Of Federal Parti Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. pation In Payment C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 2 of 2 Insurance Services Office Inc. 2015 IL09 850115 | 2 |
Policy Number ZAGLB9224901 COMMON POLICY DECLARATIONS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time Agent Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. Agent No. 700 Item1. Named Insured and Mailing Address Agent Name and Address WITCH ENTERPRISES INC. ARTHUR J. GALLAGHER RISK MGMT SVCS SEE NAMED INSURED ENDORSEMENT INC. 467 SILVER STREET 300 SOUTH RIVERSIDE PLAZA P O BOX 673 SUITE 1900 AGAWAM MA 01001 CHICAGO IL 60606 Agent No.700 Item2. Policy Period From 12 31 2017 To 12 31 2018 at 1201 A.M. Standard Time at your mailing address shown above. Item 3. Business Description Form of Business CORPORATION Item4. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown there is no coverage. This premium may be subject to adjustment. Coverage Parts Premium Commercial Property Coverage Part NOT COVERED Commercial General Liability Coverage Part 171450.00 Commercial Crime Coverage Part NOT COVERED Commercial Inland Marine Coverage Part NOT COVERED Commercial Auto Business or Truckers Coverage Part NOT COVERED Commercial Garage Coverage Part NOT COVERED Total Policy Premium 171450.00 Item 5. Forms and Endorsements Formss and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Countersigned Date 02 02 18 By Authorized Representative COMMON POLICY DECLARATION ARCH INSURANCE COMPAN lamed Insured WITCH ENTERPRISES INC. ZAGLB9224901 Y DECLARATIONS E COMPANY Effective Date 12 31 17 1201 A.M Standard Time D ENDORSEMENT OE PLAZA THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PARTS COVERAGE FORMS AND FORMS AND ENDORSEMENTS IF ANY COMPLETE THE ABOVE NUMBERED POLICY. FAIC SKLBUS CPD 601 | 2 |
Policy Number ZAGLB9224901 SCHEDULE OF FORMS AND ENDORSEMENTS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time Agent Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 COMMON POLICY FORMS AND ENDORSEMENTS 00 ML0065 06 07 U.S. TREASURY DEPARTMENT S OFFICE 00 ML0039 10 13 PREMIUM COMPUTATION 05 ML0002 06 13 MASSACHUSETTS SIGNATURE PAGE 00 ML0020 11 03 KNOWLEDGE OF OCCURRENCE ENDORSEMENT 00 ML0021 11 03 UNINTENTIONAL ERRORS OMISSIONS ENDT IL 09 85 01 15 DISCLOSURE PURSUANT TERROR RISK INS ACT FAIC SKLBUS CPD 06 01 COMMON POLICY DECLARATIONS FAIC SKLBUS FE 06 01 SCHEDULE OF FORMS AND ENDORSEMENTS FAIC SKLBUS SNI 06 01 SCHEDULE OF NAMED INSURED S FAIC SKLBUS SL 06 01 SCHEDULE OF LOCATIONS INSTALL FORM 01 02 INSTALLMENT SCHEDULE IL 11 98 COMMON POLICY CONDITIONS IL 09 08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 07 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 09 08 VERMONT CHANGES CIVIL UNION IL 09 08 VERMONT CHANGES STATUTORY LIABILITY IL 09 08 RHODE ISLAND CHANGES PREJUDGMENT INT IL 09 08 NEW HAMPSHIRE CHANGES CANC NONRENEWAL IL 09 08 CONNECTICUT CHANGES CIVIL UNION IL 03 12 RHODE ISLAND CHANGES CIVIL UNION IL 09 08 RHODE ISLAND CHANGES IL 06 15 VERMONT CHANGES CANC NONRENL IL 02 10 CONNECTICUT CHANGES CANC NONRENL IL 01 14 NEW YORK CHANGES CANC NONRENL IL 01 10 RHODE ISLAND CHANGES CANC NONRENL 00 ML0087 00 11 10 NOTICE OF CANC SPECIFIED DAYS GENERAL LIABILITY FORMS AND ENDORSEMENTS FAIC SKLBUS CGLDEC 06 01 COMM GENERAL LIABILITY COVERAGE SUPP DEC GL0045 00 12 03 GENERAL LIABILITY ASBESTOS EXCLUSION GL0469 06 08 AMENDED DUTIES IN THE EVENT OF GL0473 06 08 CONTRACTORS GENERAL LIABILITY GL0474 06 08 ANTI STACKING ENDORSEMENT GL0588 04 10 BODILY INJURY DEFINITION EXTENSION ENDT GL0590 04 10 FELLOW EMPLOYEE COVERAGE ENDORSEMENT GL0599 04 10 BI OR PD EXPECTED OR INTENDED END GL0669 08 11 CONTRACTORS PRIOR INJURY OR DAMAGE GLO0173 04 04 LEAD CONTAMINATION EXCLUSION 00 01 11 09 EMPLOYMENT RELATED PRAC LIAB COV FORM DS 01 09 07 EMPLOYMENT RELATED PRACTICES LIAB DEC FAIC SKLBUS GLE 06 01 SOLUTIONS WATERCRAFT ENDORSEMENT FAIC SKLBUS GLE 06 01 EMPLOYMENT RELATED PRACTICES SOLUTIONS CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COV FORM 00 GL0172 00 03 04 LIMITED CROSS SUITS EXCLUSION FAIC SKLBUS FE 601 ZAGLB9224901 SCHEDULE OF FORMS AND ENDORSEMENTS ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Time REASURY DEPARTMENT S OFFICE 1 COMPUTATION USETTS SIGNATURE PAGE 00 00 22 00 00 JS CPD JS FE JS SNI JS SL ORM 00 NDORSEMENTS RED S D CHANGES CIVIL UNION D CHANGES NGES CANC NONRENL CHANGES CANC NONRENL IANGES CANC NONRENL D CHANGES CANC NONRENL ANC SPECIFIED DAYS JS CGLDEC 00 00 00 00 00 00 00 00 00 | 2 |
Policy Number ZAGLB9224901 SCHEDULE OF FORMS AND ENDORSEMENTS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time AgentName ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 04 40 04 41 04 42 04 44 GL04800 0 GL0540 00 GL0670 00 GL0671 00 FAIC SKLBUS FE 601 STOP GAP EMPLOYERS LIABILITY COV ND STOP GAP EMPLOYERS LIAB COV ENDT OHIO STOP GAP EMPLOYERS LIABILITY COV WA STOP GAP EMPLOYERS LIABILITY COV WY BROAD FORM NAMED INSURED ENDORSEMENT WRAP UP EXCL W LMTD EXCPT FOR EXCESS COV CONTRACTUAL LIABILITY EXCLUSION ENDT AMENDED DEFINITION OF OCCURRENCE ENDT EMPLOYEE BENEFITS LIABILITY COVERAGE PRIMARY AND NONCONTRIBUTORY OTHER INSD ADDL INSD OWNERS LESSEES OR ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INS ST GOV AGY SUB POL SUB PERM ADDL INSD LESSOR OF LEASED EQUIPMENT ADDL INSD LESSOR OF LEASED EQUI ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTRACTORS EXCL ACC DISCL OF CONFI OR PERSONAL INFO EXCL DESIGNATED OPERATIONS FUNGI OR BACTERIA EXCLUSION CAP LOSSES FROM CERTIF ACTS OF TERRORISM EXCL EXTERIOR INSULATION FINISH SYSTEM EXCL ENGINEERS ARCH OR SURV PROF LIAB LIMITED CONTR LIABILITY COV FOR PERS ADV WAIVER OF TRANSFER RIGHTS OF RECOVERY LIMITED POLLUTION LIAB.EXTENSION ENDT. CONTRACTUAL LIABILITY RAILROADS AMEND OF COV TERR WORLDWIDE COVERAGE LIMITED CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAL DESIGNATED LOCATIONS GENERAL AGGREGATE ZAGLB9224901 SCHEDULE OF FORMS AND ENDORSEMENTS ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Time 04 41 04 42 04 44 GL04800 0 GL0540 00 GL0670 00 GL0671 00 12 04 11 03 11 03 06 14 02 11 02 11 02 11 12 07 04 13 07 04 04 13 10 01 11 85 04 13 04 13 04 13 07 04 04 13 10 01 04 13 05 14 01 96 12 04 01 15 12 04 07 98 10 01 05 09 10 01 10 01 04 13 04 13 05 09 05 09 STOP GAP EMPLOYERS LIAB COV ENDT OHIO STOP GAP EMPLOYERS LIABILITY COV WA STOP GAP EMPLOYERS LIABILITY COV WY BROAD FORM NAMED INSURED ENDORSEMENT WRAP UP EXCL W LMTD EXCPT FOR EXCESS CO CONTRACTUAL LIABILITY EXCLUSION ENDT AMENDED DEFINITION OF OCCURRENCE ENDT EMPLOYEE BENEFITS LIABILITY COVERAGE PRIMARY AND NONCONTRIBUTORY OTHER INSI ADDL INSD OWNERS LESSEES OR ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INSD OWNERS LESSEES CONTRACTORS ADDL INS ST GOV AGY SUB POL SUB PERM ADDL INSD LESSOR OF LEASED EQUIPMENT ADDL INSD LESSOR OF LEASED EQUI ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTR COMP OPS ADDL INSD OWNERS LESSEES CONTRACTORS EXCL ACC DISCL OF CONFI OR PERSONAL INE EXCL DESIGNATED OPERATIONS FUNGI OR BACTERIA EXCLUSION CAP LOSSES FROM CERTIF ACTS OF TERRORIS EXCL EXTERIOR INSULATION FINISH SYSTED EXCL ENGINEERS ARCH OR SURV PROF LIAB LIMITED CONTR LIABILITY COV FOR PERS AD WAIVER OF TRANSFER RIGHTS OF RECOVERY LIMITED POLLUTION LIAB.EXTENSION ENDT. CONTRACTUAL LIABILITY RAILROADS AMEND OF COV TERR WORLDWIDE COVERAGE LIMITED CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAI DESIGNATED LOCATIONS GENERAL AGGREGATE | 2 |
Policy Number ZAGLB9224901 SCHEDULE OF NAMED INSUREDS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time AgentName ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 FAIC SKLBUS CPD cont. THE NAMED INSURED ON FORM FAIC SKLBUS CPD IS AMENDED TO READ WITCH ENTERPRISES INC. NEW ENGLAND CONCRETE CUTTING INC. WITCH EQUIPMENT OF NEWENGLAND INC. CAAC LLC CD DAMON LLC FAIC SKLBUS SNI 601 ZAGLB9224901 SCHEDULE OF NAMED INSUREDS ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Tin HE NAMED INSURED ON FORM FAIC SKLBUS CPD IS AMENDED TO READ ITCH ENTERPRISES INC. EW ENGLAND CONCRETE CUTTING INC. ITCH EQUIPMENT OF NEWENGLAND INC. AAC LLC D DAMON LLC | 2 |
Policy Number ZAGLB9224901 SCHEDULE OF LOCATIONS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time Agent Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 Designated Locations Address City State Zip Code Occupancy 467 SILVER STREET AGAWAM MA 01001 467 SILVER STREET AGAWAM MA 01001 459 SILVER STREET AGAWAM MA 01001 485 SILVER STREET AGAWAM MA 01001 LOCATION OF OPS AGAWAM MA 01001 LOCATION OF OPS NEW HAVEN CT 06511 LOCATION OF OPS CONCORD NH 03301 LOCATION OF OPS COXSACKIE NY 12051 LOCATION OF OPS PROVIDENCE RI 02904 LOCATION OPS MONTPELIER VT 05620 FAIC SKLBUS SL 601 ZAGLB9224901 SCHEDULE OF LOCATIONS ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Time SCHEDULE OF LOCATIONS 1 02 3 D4 5 6 7 8 57 SILVER STREET AGAWAM MA 01001 59 SILVER STREET AGAWAM MA 01001 35 SILVER STREET AGAWAM MA 01001 DCATION OF OPS DCATION DCATION DCATION DCATION DCATION OF OF OF OF OF ops ops ops ops ops AGAWAM MA 01001 NEW HAVEN CT 06511 CONCORD NH 03301 COXSACKIE NY 12051 PROVIDENCE RI 02904 MONTPELIER VT 05620 | 2 |
Policy Number ZAGLB9224901 INSTALLMENT SCHEDULE ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time Agent Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 IT IS HEREBY AGREED AND UNDERSTOOD THAT THIS POLICY IS PAYABLE ON INSTALLMENTS AS FOLLOWS REVISED INSTALLMENT TOTAL DEPOSIT 12312017 171450.00 171450.00 DUE PREMIUM SURCHARGE Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. INSTALL FORM 0102 ZAGLB9224901 INSTALLMENT SCHEDULE ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Tin FPAIABLE ON INSTALLMENIS AS PFOLLOWS REVISED INSTALLMENT TOTAL EPOSIT 12312017 171450.00 171450.00 DUE PREMIUM SURCHARGE SURCHARGE PREMIUM 171450.00 | 2 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient 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 Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant 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 advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representa tive. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Pagelofl O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 | 2 |
IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent 2 ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in suredis or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into 3 fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or by product material. ISO Properties Inc. 2007 Page 1 of 2 m IL 00 21 09 08 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. d Page 2 of 2 ISO Properties Inc. 2007 IL 00 21 09 08 o | 2 |
IL 00 23 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION 1. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nu clear energy liability policy issued by Nu clear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwrit 2 C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom The nuclear material is contained in spent 2 ers Nuclear Insurance Association of Can ada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in suredis or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into 3 fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. by the United States of America or any agency thereof with any person or organi zation. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the op eration of a nuclear facility by any person or organization. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. C. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 2. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. ISO Properties Inc. 2001 Page 1 of 2 m IL 00 23 07 02 | 2 |
Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plu tonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 IL 00 23 07 02 o | 2 |
IL 01 09 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The term spouse is replaced by the following Spouse or party to a civil union under Vermont law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person who is a resi dent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or the Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person who is a resi dent of your household and is related to you by blood adoption including a ward or foster child marriage or civil union under Vermont law. IS0 Properties Inc. 2007 Page 1 of 1 IL 01 09 09 08 | 2 |
IL 01 26 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES STATUTORY LIABILITY COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART This endorsement modifies insurance provided under the following PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In addition to paying and satisfying judicial judg ments rendered against you in consequence of claims to which this Coverage Part applies we will protect you against the levy of executions issued on such judgments or claims against you.. We may without your consent continue litigation after a judgment has been rendered with respect to your legal liability under this Coverage Part for damages in a particular instance. In that event no limitation of our liability will be valid where the mat ter of that litigation is concerned.. Under Coverage Forms to which this endorsement applies any legal action against us to recover for loss under this Coverage Part must be brought within one year after amount of loss is finally es tablished. The amount of loss can be established only by 1. Judicial judgment or 2. An agreement between the parties involved with our written consent. D. In the event of your bankruptcy or insolvency an injured person or claimant who has obtained a judgment against you may bring suit against us provided 1. The judgment was for damages covered by this policy and 2. The suit is for damages in amounts no greater than the applicable Limits of Insurance of this policy.. Payment by you of any judicial judgment or claim for any of our liability under this Coverage Part will not deprive you of the right to bring action against us. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment Related Practices Liability Coverage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Coverage Part Pol lution Liability Coverage Part Products Completed Operations Liability Coverage Part Medical Pro fessional Liability Coverage Part and Railroad Pro tective Liability Coverage Part the word you is replaced by the term the insured and the word your is replaced by the term the insured s. ISO Properties Inc. 2007 Page 1 of 1 m IL 01 26 09 08 | 2 |
IL 01 28 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES PREJUDGMENT INTEREST This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The paragraph in the Supplementary Payments Sec tion relating to prejudgment interest is replaced by the following 1. Prejudgment interest awarded against you on the entire judgment if we reject a written settlement of fer by the plaintiff that is equal to or less than the applicable limit of insurance in this policy or. If Paragraph 1. above does not apply prejudgment interest awarded against you on that part of the judgment we pay. For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment related Practices Liability Coverage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Coverage Part Pol lution Liability Coverage Part Products Completed Operations Liability Coverage Part Medical Pro fessional Liability Coverage Part Railroad Protec tive Liability Coverage Part and the Underground Storage Tank Policy the word you is replaced by the term the insured For the Commercial General Liability Coverage Part Commercial Liability Umbrella Coverage Part Employment related Practices Liability Coverage Part Farm Coverage Part Farm Umbrella Liability Policy Liquor Liability Coverage Part Owners And Contractors Protective Liability Coverage Part Pol lution Liability Coverage Part Products Completed Operations Liability Coverage Part Medical Pro fessional Liability Coverage Part Railroad Protec tive Liability Coverage Part and the Underground Storage Tank Policy the word you is replaced by the term the insured. ISO Properties Inc. 2007 Page 1 of 1 m IL 01 28 09 08 | 2 |
INTERLINE IL 01 35 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW HAMPSHIRE CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART A EQUIPMENT BREAKDOWN COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS COVERAGE PART Paragraphs 2. and 3. of the Cancellaion Common Policy Condition are replaced by the following 2.a. We may cancel this policy by mailing or physi cally delivering to you written notice of cancel lation stating the reasons for cancellation at least 1 10 days before the effective date of cancella tion if we cancel for a Nonpayment of premium or b Substantial increase in hazard 2 60 days before the effective date of cancella tion if we cancel for any other reason. b. If this policy has been in effect for 60 days or more or if this is a renewal of a policy we is sued we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation affect ing the policy or in the presentation of a claim thereunder or violation of any of the terms or conditions of the policy or Substantial increase in hazard provided that cancellation for this reason shall be ef fective only after prior approval of the Commissioner. 3 3. We will mail or physically deliver our notice to your last mailing address known to us. If notice is mailed it will be by a. Certified mail or certificate of mailing if can cellation is for nonpayment of premium or b. Certified mail if cancellation is for any other reason. Proof that the notice was mailed in accordance with Paragraph 3.a. or 3.b. will be sufficient proof of notice.. Paragraph 6. of the Cancellation Common Policy Condition is deleted.. The following is added and supersedes any provi sion to the contrary NONRENEWAL 1. If we elect not to renew this policy we will mail or physically deliver written notice of nonre newal stating the reasons for nonrenewal to your last mailing address known to us at least 60 days prior to the expiration of the policy or its anniversary date if it is a policy written for a term of more than one year. 2. However we need not mail or physically deliver this notice if a We have indicated a willingness to renew b We refuse to renew due to nonpayment of premium Common wing or physi of cancel 2llation at f cancella f cancella on. P a ISO Properties Inc. 2007 Page 1 of 2 m IL 01 35 09 08 | 2 |
You do not pay any advance premium re quired by us for renewal or d Any property covered in this policy is in sured under any other insurance policy. 3. If notice is mailed proof of mailing will be suffi cient proof of notice. Page 2 of 2 ISO Properties Inc. 2007 IL 01 3509 08 o | 2 |
IL 01 40 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART A. The term spouse is replaced by the following C. With respect to cove ivil Unic y tenance or use of S gseectgufrvy. to a civil union recognized under the Commercial Lia or Farm Umbrella L B. Under the Commercial Auto Coverage Part the member is replaced term family member is replaced by the following Family member me Family member means a person related to the blood adoption rr 1. Individual Named Insured by blood adoption nized under Connec marriage or civil union recognized under Con your household incl necticut law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under Connecticut law who is a resident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part or Farm Umbrella Liability Policy the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recog nized under Connecticut law who is a resident of your household including a ward or foster child. IS0 Properties Inc. 2007 Page 1 of 1 IL 01 40 09 08 | 2 |
IL 01 6103 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following 3. You by blood ac recognized unde resident of your or foster child if Spouse or party to a civil union recognized under Rhode Island law. B. Under the Commercial Automobile Coverage Part endorsement is the term family member is replaced by the following and supersedes any other provisions to C. With respect to c the contrary maintenance or use. under the Commerc Family member means a person related to Part the term fami 1. An individual Named Insured by blood following adoption marriage or civil union recognized Family member me under Rhode Island aw who is a resident of blood adoption such Named Insyreds household including a recognized under ward or foster child resident of your ho 2. The individual named in the Schedule by blood foster child. adoption marriage or civil union recognized under Rhode Island law who is a resident of the individual s household including a ward or foster child if the Drive Other Car Coverage Broadened Coverage For Named Individuals endorsement is attached or 3. You by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of your household including a ward or foster child if the Individual Named Insured endorsement is attached. C. With respect to coverage for the ownership maintenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the following Family member means a person related to you by blood adoption marriage or civil union recognized under Rhode Island law who is a resident of your household including a ward or foster child. Insurance Services Office Inc. 2011 Page 1 of 1 IL 01610312 | 2 |
IL 01 97 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM LIABILITY COVERAGE FORM FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following is added to the Transfer Of Rights B. The following provision is added Of Recovery Against Others To Us Condition DIRECT LIABILITY OF INSURERS When an insurer or its agents recover payment on a casualty loss from a third party through subroga tion the insurer must first pay the insured the de ductible portion of the casualty loss less the pro rated share of subrogation expenses and thereafter retain any funds in excess of the de ductible portion of the recovery. We will be directly liable for those sums t sured becomes legally obligated to pay as ages to the injured party to which this insi applies. In the event of that injured party s we will be directly liable for those sums the ir becomes legally obligated to pay as dama the party entitled to sue as a result of the i nartye death and ta which thic inclirance an B. The following provision is added DIRECT LIABILITY OF INSURERS We will be directly liable for those sums the in sured becomes legally obligated to pay as dam ages to the injured party to which this insurance applies. In the event of that injured party s death we will be directly liable for those sums the insured becomes legally obligated to pay as damages to the party entitled to sue as a result of the injured party s death and to which this insurance applies. ISO Properties Inc. 2007 Page 1 of 1 m IL 01 97 09 08 | 2 |
IL021906 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VERMONT CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The Cancellation Common Policy Condition is replaced by the following Cancellation 1. The first Named Insured shown in the If cancellation is for nonpayment of premium written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by Declarations may cancel this Policy by mailing certified mail. or delivering to us advance written notice of cancellaliung 3. Cancellation Of Policies In Effect For 60 Days. Or More. 2. Cancellation Of Policies In Effect For Less Than 60 Days. If this Policy has been in effect for less than 60 days and this Policy is not a renewal of a policy we issued we may cancel this Policy by a. Giving at least 15 days notice prior to the cancellation date for nonpayment of premium or substantial increase in hazard or b. Mailing or delivering at least 45 days notice prior to the cancellation date for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. If this Policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel this Policy only for one or more of the following reasons a. Nonpayment of premium b. Fraud or material misrepresentation affecting this Policy or in the presentation of claims under this Policy c. Violation of any provisions of this Policy or d. Substantial increase in hazard provided we have secured approval for the cancellation from the commissioner of insurance. If we cancel this Policy for one of the reasons specified in Paragraph 3. we will cancel only in the following manner a. By giving at least 15 days notice before the effective date of cancellation if we cancel for nonpayment of premium or IL 0219 06 15 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
b. By mailing or delivering at least 45 days notice before the effective date of cancellation if we cancel for any other reason. Written notice of cancellation including the reason for cancellation will be mailed or delivered to the first Named Insured at the first Named Insured s last mailing address known to us. If cancellation is for nonpayment of premium written notice may be sent by certificate of mailing or certified mail. If cancellation is for any reason other than nonpayment of premium written notice must be sent by certified mail. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this Policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice.. Any When We Do Not Renew Condition is deleted. The following conditions are added 1. When We Do Not Renew a. We may elect not to renew this Policy by mailing by certified mail or delivering written notice of nonrenewal to the first Named Insured s last mailing address known to us. We will mail or deliver this notice at least 45 days before the 1 Expiration of the Policy or 2 Anniversary date of this Policy if this Policy has been written for a term of more than one year. b. This provision does not apply 1 If we have indicated a willingness to renew 2 In case of nonpayment of premium 3 If you do not pay any advance premium required by us for renewal or 4 If any property covered in this Policy is insured under any other insurance policy. 2. Renewal a. If we 1 Elect to renew this Policy and 2 Have the necessary information to issue a renewal policy we will confirm in writing at least 45 days before it expires our intention to renew this Policy and the premium at which this Policy will be renewed. b. If we do not comply with the provisions of Paragraph a. you will have renewal coverage. The renewal coverage will be at the rates 1 In effect under the expiring or expired policy or 2 In effect on the expiration date that have been approved by the Commissioner whichever are lower. This renewal coverage will be on a pro rata basis and will continue for 45 days after we confirm renewal coverage and premium. If you accept this renewal policy this Paragraph b. does not apply. Page 2 of 2 Insurance Services Office Inc. 2014 IL 021906 15 | 2 |
INTERLINE IL 02 60 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONNECTICUT CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART STANDARD PROPERTY POLICY A. The Cancellation Common Policy Condition is 3. Cancellation replaced by the following more. Cancellation a. If this pc 1. The first Named Insured shown in the Declara or more tions may cancel this policy by mailing or Ssued delivering to us advance written notice of can you writt cellation. 1 10 d 2. Cancellation of policies in effect for less than 60 cance days. of the If this policy has been in effect for less than 60 a N days and is not a renewal of a policy we is b C sued we may cancel this policy for any reason ac by giving you written notice of cancellation at ac least c Di a. 10 days before the effective date of cancella m tion if we cancel for nonpayment of pre in mium or cle b. 30 days before the effective date of cancella d Di tion if we cancel for any other reason. ac 3. Cancellation of policies in effect for 60 days or more. If this policy has been in effect for 60 days or more or this is a renewal of a policy we issued we may cancel this policy by giving you written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for one or more of the following reasons a Nonpayment of premium b Conviction of a crime arising out of acts increasing the hazard insured against c Discovery of fraud or material misrepresentation by you in obtain ing the policy or in perfecting any claim thereunder Discovery of any willful or reckless act or omission by you increasing the hazard insured against or d Insurance Services Office Inc. 2009 Page 1 of 2 m IL 02 60 02 10 | 2 |
e A determination by the Commis sioner that continuation of the policy would violate or place us in violation of the law or 2 60 days before the effective date of cancellation if we cancel for one or more of the following reasons a Physical changes in the property which increase the hazard insured against A material increase in the hazard insured against or A substantial loss of reinsurance by us affecting this particular line of in surance. b. We may not cancel policies in effect for 60 days or more or renewal policies for any reason other than the reasons described in Paragraph 3.a. above. c. If we cancel for nonpayment of premium you may continue the coverage and avoid the effect of the cancellation by payment in full at any time prior to the effective date of cancellation. d. Notice of cancellation will be delivered or sent by 1 Registered mail 2 Certified mail or 3 Mail evidenced by a United States Post Office certificate of mailing.. We will give notice to you at your last mailing address known to us.. Notice of cancellation will state the specific reason for the cancellation and the effective date of cancellation. The policy period will end on that date. b c 6. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed proof of mailing will be suffi cient proof of notice.. The following is added and supersedes any other provision to the contrary Nonrenewal 1. If we decide not to renew this policy we will mail or deliver to you a written notice of nonre newal stating the specific reason for nonre newal at least 60 days before the expiration date of this policy. The notice will be sent to your address last known to us. 2. This notice will be delivered or sent by a. Registered mail b. Certified mail or c. Mail evidenced by a certificate of mailing. If notice is mailed proof of mailing is sufficient proof of notice. 3. However we are not required to send this notice if nonrenewal is due to your failure to pay any advance premium required for renewal. 4. With respect to automobile liability insurance policies only your policy shall terminate on the effective date of any other insurance policy you purchase with respect to any automobile des ignated in both policies. Page 2 of 2 Insurance Services Office Inc. 2009 IL 02 60 02 10 o | 2 |
IL 02680114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Paragraphs 1. 2. 3. and 5. of the Cancellation Common Policy Condition are replaced by the following 1. The first Named Insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation Of Policies In Effect a. 60 Days Or Less We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. b. For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first Named Insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy which results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed Required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public 3 4 5 6 IL 0268 01 14 Insurance Services Office Inc. 2013 Page 10f 5 | 2 |
7 A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code or 8 Where we have reason to believe in good faith and with sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds. If we cancel for this reason you may make a written request to the Department of Financial Services within 10 days of receipt of this notice to review our cancellation decision. Also we will simultaneously send a copy of this cancellation notice to the Department of Financial Services. 3. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and to the authorized agent or broker. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. B. The following is added to the Cancellation Common Policy Condition 7. If one of the reasons for cancellation in Paragraph A.2.b. or D.2.b.2 exists we may cancel this entire policy even if the reason for cancellation pertains only to a new coverage or endorsement initially effective subsequent to the original issuance of this policy. C. The following conditions are added 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph C.3. below. 2. Conditional Renewal If we conditionally renew this policy subject to a. A change of limits. A change in type of coverage. A reduction of coverage. An increased deductible. An addition of exclusion or. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating loss rating retrospective rating or audit we will send notice as provided in Paragraph C.3. below.. Notices Of Nonrenewal And Conditional Renewal 0 Q00 a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs C.1. and C.2. above we will mail or deliver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 The expiration date or 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph C.3.a. b. or c. above by sending the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured during this 60 day period has replaced the coverage or elects to cancel Page 2 of 5 Insurance Services Office Inc. 2013 IL0268 0114 | 2 |
2 And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first Named Insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late D. The conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period unless Subparagraph 2 below applies or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. following provisions apply when the Commercial Property Coverage Part the Farm Coverage Part or the Capital Assets Program Output Policy Coverage Part is made a part of this policy 1. Items D.2. and D.3. apply if this policy meets the following conditions a. The policy is issued or issued for delivery in New York State covering property located in this state and b. The policy insures 1 For loss of or damage to structures other than hotels or motels used predominantly for residential purposes and consisting of no more than four dwelling units or 2 For loss of or damage to personal property other than farm personal property or business property or 3 Against damages arising from liability for loss of damage to or injury to persons or property except liability arising from business or farming and c. The portion of the annual premium attributable to the property and contingencies described in 1.b. exceeds the portion applicable to other property and contingencies. 2. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Procedure And Reasons For Cancellation a. We may cancel this entire policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 15 days before the effective date of cancellation if we cancel for nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due or 30 days before the effective date of cancellation if we cancel for any other reason. b. But if this policy 1 Has been in effect for more than 60 days or 2 Is arenewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due 2 Conviction of a crime arising out of acts increasing the risk of loss 3 Discovery of fraud or material misrepresentation in obtaining the policy or in making a claim 4 Discovery of willful or reckless acts or omissions increasing the risk of loss 5 Physical changes in the covered property that make that property uninsurable in accordance with our objective and uniformly applied underwriting standards in effect when we a Issued the policy or b Last voluntarily renewed the policy 2 IL 0268 01 14 Insurance Services Office Inc. 2013 Page 3of 5 | 2 |
6 The Superintendent of Financial Services determination that continuing the policy would violate Chapter 28 of the Insurance Law or Required pursuant to a determination by the Superintendent of Financial Services that the continuation of our present premium volume would be hazardous to the interests of our policyholders our creditors or the public. 3. The following are added a. Conditional Continuation Instead of cancelling this policy we may continue it on the condition that 1 The policy limits be changed or 2 Any coverage not required by law be eliminated. If this policy is conditionally continued we will mail or deliver to the first Named Insured written notice at least 20 days before the effective date of the change or elimination. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. b. Nonrenewal If as allowed by the laws of New York State we 1 Do not renew this policy or 2 Condition policy renewal upon a Change of limits or b Elimination of coverage we will mail or deliver written notice of nonrenewal or conditional renewal a Atleast 45 days but b Not more than 60 days before the expiration date of the policy. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. E. The following is added to the Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions the Commercial Property Coverage Part and the Capital Assets Program Output Policy Coverage Part When the property is subject to the Anti arson Application in accordance with New York Department of Financial Services Insurance Regulation No. 96 the following provisions are added If you fail to return the completed signed and affirmed anti arson application to us 1. Or our broker or agent within 45 days of the effective date of a new policy we will cancel the entire policy by giving 20 days written notice to you and to the mortgageholder shown in the Declarations. 2. Before the expiration date of any policy we will cancel the policy by giving written notice to you and to the mortgageholder shown in the Declarations at least 15 days before the effective date of cancellation. The cancellation provisions set forth in E.1. and E.2. above supersede any contrary provisions in this policy including this endorsement. If the notice in E.1. or E.2. above is mailed proof of mailing will be sufficient proof of notice. Delivery of the notice will be the same as mailing. F. The following applies to the Commercial Property Coverage Part the Farm Coverage Part and the Capital Assets Program Output Policy Coverage Part Paragraphs f. and g. of the Mortgageholders Condition are replaced by the following f. Cancellation 1 If we cancel this policy we will give written notice to the mortgageholder at least a 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b 30 days before the effective date of cancellation if we cancel for any other reason. Page 4 of 5 Insurance Services Office Inc. 2013 IL0268 0114 | 2 |
2 If you cancel this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only cancellation will become effective on the later of a The effective date of cancellation of the insured s coverage or b 10 days after we give notice to the mortgageholder. g. Nonrenewal 1 If we elect not to renew this policy we will give written notice to the mortgageholder at least 10 days before the expiration date of this policy. 2 If you elect not to renew this policy we will give written notice to the mortgageholder. With respect to the mortgageholder s interest only nonrenewal will become effective on the later of a The expiration date of the policy or b 10 days after we give notice to the mortgageholder. G. The following provisions apply when the following are made a part of this policy Commercial General Liability Coverage Part Employment Related Practices Liability Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part 1. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph C.3.d. above. 2. The last sentence of Limits Of Insurance does not apply when the policy period is extended because we sent the first Named Insured an incomplete or late conditional renewal notice or a late nonrenewal notice. IL 0268 01 14 Insurance Services Office Inc. 2013 Page 50f 5 | 2 |
IL 02730110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RHODE ISLAND CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART When this endorsement is attached to the Standard Property Policy CP 00 99 the term Coverage Part in this endorsement is replaced by the term Policy.. With respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraph 1. of the Cancellation Common Policy Condition is replaced by the following 1. The first Named Insured shown in the Declarations may cancel this policy by giving mailing or delivering advance written notice of cancellation to us or to the insurance agent or producer who issued the policy. C. With respect to all Coverage Parts and Policies addressed in this endorsement the Cancellation Common Policy Condition is amended by replacing Paragraphs 2 3. 5. and 6. with the following 2. We may cancel this policy by giving mailing or delivering to the first Named Insured and the insurance producer of record if any written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. If this policy has been in effect for 60 days or more or if this is a renewal of a policy we issued we may cancel only for one or more of the following reasons a. Nonpayment of premium b. Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy Insurance Services Office Inc. 2010 Page 1 of 3 m IL 02730110 | 2 |
c. Activities or omissions on your part which increase any hazard insured against including a failure to comply with loss control recommendations d. Change in the risk which increases the risk of loss after insurance coverage has been issued or renewed including but not limited to an increase in exposure due to regulation legislation or court decision e. Loss or decrease of our reinsurance covering all or part of the risk or exposure covered by the policy f. Determination by the Commissioner of Insurance that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of this state g. Owner or occupant incendiarism h. Violation or breach by you of any policy terms or conditions i. Constructive or actual total loss of the Covered Property or j. Such other reasons as may be approved by the Commissioner of Insurance.. We will give mail or deliver written notice to the first Named Insured at the address shown on the policy and to the insurance producer of record if any. However with respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Employment Related Practices Liability Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form We will give mail or deliver written notice to the first Named Insured at the last address known to us and to the insurance producer of record if any.. If this policy is cancelled we will send the first Named Insured any premium refund due. The cancellation will be effective even if we have not made or offered a refund. The following provisions govern calculation of return premium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled at our request 2 Cancelled because you no longer have a financial or insurable interest in the property or business operation that is the subject of insurance 3 Cancelled and rewritten by us or a member of our company group Cancelled after the first year if it is a prepaid policy written for a term of more than one year or Cancelled by us at the request of a premium finance company upon default of the first Named Insured when this policy is financed under a premium finance agreement. b. When this policy is cancelled at your request except when Paragraph a.2 a.3 or a.4 applies we will return 90 75 for Equipment Breakdown policies of the pro rata unearned premium rounded to the next higher whole dollar. However when such cancellation takes place during the first year of a multiyear prepaid policy we will return the full annual premium for the subsequent years. 6. Proof of giving mailing or delivering notice of cancellation will be sufficient proof of notice. 4 5 D. With respect to all Coverage Parts and Policies addressed in this endorsement the following is added to the Cancellaion Common Policy Condition 7. We will provide you with the reason or reasons for cancellation if a. You request in writing a statement of the reasons for cancellation and b. You agree in writing to hold us harmless from liability for any 1 Communication giving notice of or specifying the reasons for cancellation or 2 Statement made in connection with an attempt to discover or verify the existence of conditions which would be a reason for cancellation as provided under Paragraph C.2. Page 2 of 3 Insurance Services Office Inc. 2010 IL 02730110 o | 2 |
E. With respect to all Coverage Parts and Policies addressed in this endorsement the following is added and supersedes any provision to the contrary Nonrenewal 1. If we elect not to renew this policy we will give mail or deliver to the first Named Insured and the insurance producer of record if any written notice of nonrenewal at least 60 days before a. The expiration date of the policy or b. An anniversary date of the policy if the policy is written for a term longer than one year or with no fixed expiration date. 2. However we need not give mail or deliver this notice if a. We have offered to issue a renewal policy or b. The first Named Insured has obtained or has agreed in writing to obtain replacement coverage. F. The following is added to the Common Policy Conditions with respect to the Coverage Parts to which this endorsement applies except the Employment Related Practices Liability Coverage Part If notice of nonrenewal is mailed to the insured we shall forward the notice of nonrenewal to the last known address of the first Named Insured by first class mail and maintain proof of mailing by the United States Postal Service certificate of mailing. This proof of mailing will be sufficient proof of notice. G. With respect to the Capital Assets Program Output Policy Coverage Part Commercial Inland Marine Coverage Part Commercial Property Coverage Part Farm Property Other Farm Provisions Form Additional Coverages Conditions Definitions Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form The following is added to the Common Policy Conditions If notice of cancellation is mailed to the insured we shall forward the notice of cancellation to the last known address of the first Named Insured by first class mail and maintain proof of mailing by the United States Postal Service certificate of mailing. This proof of mailing will be sufficient proof of notice.. With respect to a loss payee named in the policy if any we will give mail or deliver written notice of cancellation subject to C.2. above and written notice of nonrenewal subject to E.1. above. Mailing will be accomplished in accordance with the applicable procedure stated in F. or G. above.. Under the Mortgageholders Condition the paragraphs pertaining to cancellation and nonrenewal are replaced by the following 1. If we cancel this policy we will give mail or deliver written notice to the mortgageholder at least a. 10 days before the effective date of cancellation if we cancel for your nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 2. If we do not renew this policy we will give mail or deliver written notice to the mortgageholder at least 10 days before a. The expiration date of the policy or b. An anniversary date of the policy if the policy is written for a term longer than one year or with no fixed expiration date. Insurance Services Office Inc. 2010 Page 3 of 3 m IL 02730110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION CERTIFIC ATE HOLDERS SPECIFIED DAYS The persons or organizations listed or described in the Schedule below have requested that they receive written notice of cancellation when this policy is cancelled by us. We will mail or deliver to the Persons or Organizations listed or described in the Schedule a copy of the written notice of cancellation that we sent to you. If possible such copies of the notice will be mailed at least 30 days except for cancellation for non payment of premium which will be mailed 10 days prior to the effective date of the cancellation to the address or addresses of certificate holders as provided by your broker or agent. Schedule Persons or Organizations including mailing address Al certificate holders where written notice of the cancellation of this policy is required by written contract permit or agreement with the Named Insured and whose names and addresses will be provided by the broker or agent listed in the Declarations Page of this policy for the purposes of complying with such request. This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such notification to the persons or organizations shown in the Schedule will not extend any policy cancellation date nor impact or negate any cancellation of the policy. This endorsement does not entitle the persons or organizations listed or described in the Schedule above to any benefit rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. Allother terms and conditions of this policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 Page 10of 1 00 ML0087 00 11 10 | 2 |
Policy Number ZAGLB9224901 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time AgentName ARTHUR J. GALLAGHER RISK MGMT SVCS INC. AgentNo. 700 Item 1. Business Description Item 2. Limits of Insurance Coverage Limit of Liability Aggregate Limits of Liability Products Completed 2000000 Operations Aggregate General Aggregate other than 2000000 Products Completed Operations Coverage A Bodily Injury and Property any one occurrence subject to Damage Liability the Products Completed Operations and General 1000000 Aggregate Limits of Liability any one premises subject to the Coverage A occurrence and the Damage To Premises General Aggregate Limits of Rented To You 100000 Liability Coverage B Personal and any one person or organization Advertising Injury subject to the General Aggregate Liability 1000000 Limits of Liability Coverage C Medical Payments any one person subject to the Coverage A occurrence and the General Aggregate Limits of 10000 Liability Item 3. Retroactive Date Coverage A of this Insurance does not apply to bodily injury or property damage which occurs before the Retroactive Date if any shown here Enter Date or None if no Retroactive Date applies Item 4. Form of Business and Location of Premises Forms of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Forms and Endorsements Forms and Endorsements made a part of this policy at time of issue See Schedule of Forms and Endorsements Item 6. Premiums Coverage Part Premium 171450.00 Other Premium Total Premium 171450.00 ZAGLB9224901 COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M Standard Time 200000C pleted jregate jate other than 1000000 Damage To Premises THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. FAIC SKLBUS CGLDEC 601 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ASBESTOS EXCLUSION This policy does not apply to Any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury including but not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law including any costs fees expenses penalties judgments fines or sanctions arising there from which arises out of or would not have occurred in whole or in part but for the asbestos hazard. As used in this exclusion asbestos hazard means 1 actual alleged or threatened exposure to asbestos in any manner or form whatsoever either directly or indirectly or 2 the failure to warn advise or instruct related to asbestos in any manner or form whatsoever or 3 the failure to prevent exposure to asbestos in any manner or form whatsoever or 4 the presence of asbestos in any place whatsoever whether or not within a building or structure. 2 3 4 Al other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. Endorsement Effective Date 00 GL0045 00 12 03 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT AND REPRESENTATIONS CONDITIONS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2. Duties in the Event of Occurrence Claim or Suitis amended by the addition of the following paragraphs e. It is agreed that where you report an occurrence to an insurer providing other than Commercial General Liability insurance which later develops into a General Liability claim covered under this policy failure to report such occurrence to us at the time of the occurrence shall not be deemed in violation of these conditions. However you shall give immediate notification of the occurrenceto us as soon as it is reasonably possible that the occurrence is a General Liability claim. f. It is agreed that knowledge of an occurrence by any of your agents servants or employees shall not constitute knowledge by you unless one of your executive officers or anyone responsible for administering your insurance program has received such notice from the agent servant or employee. If Employee Benefits Liability Coverage applies to this policy the following shall apply Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSas amended by the Employee Benefits Liability Coverage Condition 2. Duties In The Event Of An Act Error Or Omission Claim or Suitis amended by the addition of the following paragraphs f. It is agreed that where you report an act error or omission to an insurer providing other than Commercial General Liability insurance which later develops into a General Liability claim covered under this policy failure to report such act error or omission to us at the time of the act error or omission shall not be deemed in violation of these conditions. However you shall give immediate notification of the act error or omission to us as soon as it is reasonably possible that the act error or omission is a General Liability claim. g. It is agreed that knowledge of an act error or omission by any of your agents servants or employees shall not constitute knowledge by you unless one of your executive officers or anyone responsible for administering your insurance program has received such notice from the agent servant or employee. Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 6. Representations is amended by the addition of the following paragraph d. Your failure to disclose all hazards existing as of the inception date of the policy shall not prejudice you with respect to the coverage afforded by this policy provided such failure or omission is not intentional or grossly negligent. 00 GL0469 00 06 08 Page 10f 2 | 2 |
Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0469 00 06 08 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS GENERAL LIABILITY ENDORSEMENT This endorsement changes coverage under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. The second paragraph following Exclusion 2. j. 6 is deleted and replaced by the following Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by specific perils 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 Ill LIMITS OF INSURANCE. 2. The last paragraph of 2.Exclusions under SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITYis deleted and replaced with the following paragraph as follows Exclusions c. through n. do not apply to damage by specific perils to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION IIl LIMITS OF INSURANCE. 3. Paragraph 1.b. under SUPPLEMENTARY PAYMENTS COVERAGES A AND B is deleted and replaced by the following The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 4. Paragraph 1.b of COVERAGE C MEDICAL PAYMENTS is deleted in it s entirely. 5. The following is added to paragraph 2 of SECTION Il WHO IS AN INSURED. e. Your subsidiaries will be considered Named Insureds if shown as a Named Insured in the Declarations or if not shown as a Named Insured in the Declarations 1 Such entity has been incorporated or organized prior to the effective date of this policy under the laws of the United States of America including any state thereof its territories or possessions or Canada including any province thereof and 2 You currently own an interest in such entity of more than 50. 6. Paragraph 3.a. of SECTION Il WHO IS AN INSURED is deleted and replaced by the following a. Coverage under this provision is afforded only until the 1goth the organization or the end of the policy period whichever is earlier day after you acquire or form 00 GL0473 00 06 08 Page 10f 3 | 2 |
7. 10. 1. 12 The last paragraph of SECTION Il WHO IS AN INSURED is deleted and replaced by the following paragraphs 4. With respect to the product completed operations hazard only you are an insured for your bodily injury and property damage liability arising out of a terminated partnership or joint venture. Coverage is excess over any available liability insurance purchased specifically to insure the partnership or joint venture. The insurance provided by this provision will not inure to the benefit of any party except you. However no person or organization is an insured with respect to the conduct of any a. Current or past partnership or joint venture except as provided in 4. above that is not shown as a Named Insured in the Declarations or b. Current or past limited liability company that is not shown as a Named Insured in the Declarations. Paragraph 6. of SECTION III LIMITS OF INSURANCE is deleted and replaced with the following 6. Subject to 5. above the Damage to Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by specific perils while rented to you or temporarily occupied by you with permission of the owner. Paragraph b. 1 a ii of item 4.Other Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS s deleted and replaced with the following i That is property insurance for premises rented to you or temporarily occupied by you with permission of the owner The following is added to paragraph b Excess Insurance of 4. Other Insurance under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 5 Any other insurance that is or was purchased to insure a Your participation in a partnership or joint venture which terminated or ended prior to the effective date of this policy or b A subsidiary not shown as a Named Insured to the extent such subsidiary is an insured as described in paragraph 2.e. of SECTION Il WHO IS AN INSURED. Item a. Insured Contract of 9. under SECTION V DEFINITIONS is deleted and replaced with the following a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by specific perils to premises while rented to you or temporarily occupied by you with the permission of the owner is not an insured contract Item a. 1 of 22. Your work under SECTION V DEFINITIONS is deleted and replaced with the following 1 Work or operations performed by you or on your behalf but does not include work or operations performed by another entity who joined with you in a partnership or joint venture 00 GL0473 00 06 08 Page 2of 3 | 2 |
not shown as a Named Insured in the Declarations which terminated or ended prior to the effective date of this policy and 13. The following are added to SECTION V DEFINITIONS 23. Specific perils means Fire lightning explosion windstorm or hail smoke aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment weight of snow ice or sleet Al other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0473 00 06 08 Page 3of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ANTI STACKING ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE LIQUOR LIABILITY COVERAGE FORM STOP GAP EMPLOYERS LIABILITY COVERAGE ENDORSEMENT Under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS and SECTION IV LIQUOR LIABILITY CONDITIONS the following condition is added Two Or More Coverage Forms Or Policies Issued By Us If any occurrence or offense covered under this policy is also covered in whole or in part under any other coverage form or policy issued to you by us or by any of our related or affiliated companies including but not limited to prior policies issued to you by us or by any of our related or affiliated companies the most that will be paid under all such coverage forms and policies covering the occurrence or offense is the single highest applicable limit of liability of one of the policies which cover the occurrence or offense. This provision does not apply to policies written by us or by any of our related or affiliated companies as insurance that specifically applies in excess of this insurance. Al other terms and conditions of this policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0474 00 06 08 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY DEFINITION EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM Under the 1. COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION V DEFINITIONS Definition 3. Bodily injury 2. LIQUOR LIABILITY COVERAGE FORM SECTION V DEFINITIONS Definition 1. Bodily injury or 3. PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM SECTION V DEFINITIONS Definition 2. Bodily injury is deleted and replaced by the following definition Bodily injury means physical injury sickness or disease sustained by a person including death resulting from any of these. Bodily injury includes mental anguish shock or emotional distress when accompanied by physical injury sickness or disease. All other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0588 00 04 10 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE FORM Under Section Il WHO IS AN INSURED paragraphs 2.a.1a 2.a1b and 2.a1c are deleted in their entirety. Al other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0590 00 04 10 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY OR PROPERTY DAMAGE EXPECTED OR INTENDED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY Exclusion 2.a. Expected or Intended Injury is deleted in its entirety and replaced by the following exclusion a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12312017 00 GL0599 00 04 10 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS PRIOR INJURY OR DAMAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that Paragraph 1. of Section lis deleted and replaced by the following 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this 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 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A and 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 Aand B. b. This insurance applies to bodily injury or property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory and 2 The bodily injury or property damage first takes place during this policy period regardless of when the occurrence giving rise to bodily injury or property damage takes place. c. All bodily injury or property damage is deemed to first take place at the earliest of when 1 Any bodily injury or property damage began or 2 Any bodily injury or property damage first manifests regardless of whether the bodily injury or property damage is continuous progressive repeated changing results from exposure to substantially the same general harm or results in additional claims. d. Damages for bodily injury includes damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. All other terms and conditions of this Policy remain unchanged. Endorsement Number Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. This endorsement is effective on the inception date of this Policy unless otherwise stated herein Endorsement Effective Date 12 31 17 00 GL0669 00 08 11 Page 10f 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD CONTAMINATION EXCLUSION This insurance does not apply to and we will not have the duty to investigate or defend any suit brought against you or pay any costs or expenses of such investigation and defense for liability claims damage or loss arising out of the ingestion inhalation or absorption of lead in any form. Al other terms and conditions of this policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. Endorsement Effective Date 12 31 17 00 GL0173 00 04 04 | 2 |
EMPLOYMENT RELATED PRACTICES LIABILITY EP 00011109 EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE FORM THIS FORM PROVIDES CLAIMS MADE AND REPORTED 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 insur ance. The word insured means any person or organization qualifying as such under Section Il Who Is An In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VIl Definitions. SECTION EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE A. Insuring Agreement 1. We will pay those sums the insured becomes legally obligated to pay as damages resulting from a wrongful act to which this insurance applies. We will have the right and duty to de fend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages because of a wrongful act to which this insurance does not apply. We may at our discretion investigate any incident that may re sult from a wrongful act. We may with your written consent settle any claim that may re sult. But a. The amount we will pay for damages and defense expenses is limited as described in Section Il Limit Of Insurance and in Section IV Deductible and b. The coverage and duty to defend provided by this policy will end when we have used up the applicable limit of insurance for de fense expenses or the payment of judg ments or settlements. No other obligation or liability to pay sums such as civil or criminal fines imposed on you or any other insured or to perform acts or ser vices is covered unless explicitly provided for under Supplementary Payments. 2. This insurance applies to wrongful acts only if a. The wrongful act takes place in the cover age territory b. The wrongful act did not commence be fore the Retroactive Date if any shown in the Declarations or after the end of the pol icy period and c. A claim against any insured for damages because of the wrongful act is first made during the policy period or the Section VI Extended Reporting Period if provided in accordance with Paragraphs 3. and 4. be low. 3. Aclaim will be deemed to have been made at the earlier of the following times a. When notice of such claim after being received by any insured is reported to us in writing or b. When a claim against an insured is made directly to us in writing. A claim received by the insured during the policy period and reported to us within 30 days after the end of the policy period will be con sidered to have been reported within the policy period. However this 30 day grace period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. 4. If during the policy period you become aware of a wrongful act that may reasonably be ex pected to give rise to a claim against any in sured you must provide notice to us in accor dance with the provisions of Section V Condition C. Duties In The Event Of A Claim Or Wrongful Act That May Result In A Claim. If such notice is provided then any claim sub sequently made against any insured arising out of that wrongful act shall be deemed under this policy to be a claim made during the pol icy period in which the wrongful act was first reported to us. Insurance Services Office Inc. 2008 Page 1 of 8 m EP 00011109 | 2 |
5. All claims for damages because of a wrongful act committed against the same person in cluding damages claimed by any person for care loss of services or death resulting at any time from the wrongful act will be deemed to have been made at the time the first of such claims is made regardless of the number of claims subsequently made. B. Exclusions This insurance does not apply to 1. Criminal Fraudulent Or Malicious Acts An insured s liability arising out of criminal fraudulent or malicious acts or omissions by that insured. This exclusion does not affect our duty to de fend in accordance with Paragraph A.1. above an insured prior to determining through the appropriate legal processes that that insured is responsible for a criminal fraudulent or mali cious act or omission. 2. Contractual Liability Any wrongful act for which the insured is ob ligated to pay damages by reason of the as sumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemploy ment compensation law or any similar law. 4. Violation Of Laws Applicable To Employers A violation of your responsibilities or duties re quired by any other federal state or local stat utes rules or regulations and any rules or regulations promulgated therefor or amend ments thereto except for the following and in cluding amendments thereto Title VIl of the Civil Rights Act of 1964 the Americans With Disabilities Act the Age Discrimination in Em ployment Act the Equal Pay Act the Preg nancy Discrimination Act of 1978 the Immigra tion Reformand Control Act of 1986 the Family and Medical Leave Act of 1993 and the Genetic Information Nondiscrimination Act of 2008 or any other similar state or local statutes rules or regulations to the extent that they prescribe re sponsibilities or duties concerning the same acts or omissions. However this insurance does not apply to a wrongful act arising out of your failure to comply with any of the accommodations for the disabled required of you by or any expenses incurred as the result of physical modifications made to accommodate any person pursuant to the Americans With Disabilities Act or any amendments thereto or any similar state or lo cal statutes rules or regulations to the extent that they prescribe responsibilities or duties concerning the same acts or omissions. This Exclusion 4. does not apply to any claim for retaliatory treatment by an insured against any person making a claim pursuant to such person s rights under any statutes rules or regulations. 5. Strikes And Lockouts Any wrongful act committed against any strik ing or locked out employee or to an em ployee who has been temporarily or perma nently replaced due to any labor dispute. 6. Prior Or Pending Litigation Any claim or suit against any insured which was pending on or existed prior to the appli cable Pending or Prior Litigation Date shown in the Declarations or any claim or suitarising out of the same or substantially the same facts circumstances or allegations which are the sub ject of or the basis for such claim or suit. 7. Prior Notice Any wrongful act alleged or contained in any claim which has been reported or for which in any circumstance notice has been given under any other prior insurance policy provid ing essentially the same type of coverage.. Supplementary Payments We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend 1. 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 in terest based on that period of time after the of fer. 2. All interest on the full amount of any judgment that accrues after entry of the judgment and be fore we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. Page 2 of 8 Insurance Services Office Inc. 2008 EP00011109 O | 2 |
These payments will not reduce the limit of insur ance nor be subject to Section IV Deductible. SECTION Il WHO IS AN INSURED A. If you are designated in the Declarations as 1. An individual you and your spouse are insur eds. 2. A partnership or joint venture you are an in sured. Your partners or members are also in sureds. 3. A limited liability company you are an insured. Your members and managers are also insur eds. 4. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are also insureds. B. Your employees are also insureds unless other wise excluded in this policy. C. Your former employees are also insureds unless otherwise excluded in this policy but only with re spect to wrongful acts committed while in your employ. D. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organi zation. You must notify us of such acquisition or formation as soon as practicable. However cover age under this provision 1. Is afforded only until the 90th day after you acquire or form the organization or until the end of the policy period whichever is earlier and 2. Does not apply to a wrongful act committed before you acquired or formed the organiza tion. 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 Il LIMIT OF INSURANCE A. The Limit of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons organizations or government agen cies making claims or bringing suits. B. The Limit of Insurance is the most we will pay for the sum of 1. All damages and 2. All defense expenses because of all wrongful acts to which this insur ance applies. The Limit of Insurance of this Coverage Part applies 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 Limit of Insurance. SECTION IV DEDUCTIBLE A. We will not pay for our share of damages and defense expenses until the amount of damages and defense expenses exceeds the Deductible shown in the Declarations. We will then pay the amount of damages and defense expenses in ex cess of the Deductible up to the limit of insurance. Example No. 1 Deductible 5000 Limit of Insurance 100000 Damages and Defense Expenses 75000 The Deductible will be subtracted from the amount of damages and defense expenses in calculating the amount payable 75000 5000 70000 Amount Payable Example No. 2 Deductible 5000 Limit of Insurance 100000 Damages and Defense Expenses 120000 The Deductible will be subtracted from the amount of damages and defense expenses 120000 5000 115000. Since the amount of the damages and defense ex penses minus the Deductible exceeds the Limit of Insurance the policy will pay the full Limit of Insurance 100000. B. The Deductible amount shown in the Declarations applies to all claims arising out of 1. The same wrongful acts or 2. A series of incidents circumstances or behav iors which arise from a common cause regardless of the number of persons organiza tions or government agencies making such claims. C. We may pay any part or all of the Deductible amount to effect settlement of any claim and upon notification of the action taken you shall promptly reimburse us for such part of the De ductible amount as has been paid by us. an a partnership joint company you are an officers and directors isureds unless other also insureds unless olicy but only with re mmitted while in your acquire or form other ture or limited liability u maintain ownership fy as a Named Insured applies to that organi of such acquisition or able. However cover e 90th day after you anization or until the Whichever is earlier ongful act committed formed the organiza insured with respect or past partnership company that is not e Declarations. ANCE vn in the Declarations most we will pay re rouaht or wisw AW o M EP 000111 09 Insurance Services Office Inc. 2008 Page 3 of 8 o | 2 |
SECTION V CONDITIONS A. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this policy. B. Consent To Settle If we recommend a settlement to you which is ac ceptable to the claimant but to which you do not consent the most we will pay as damages in the event of any later settlement or judgment is the amount for which the claim could have been set tled to which you did not give consent less any deductible. C. Duties In The Event Of A Claim Or Wrongful Act That May Result In A Claim 1. If a claim is received by any insured you must a. Immediately record the specifics of the claim and the date received and b. Notify us in writing as soon as practicable. 2. You and any other involved insured must a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of a wrongful act to which this insurance may also apply. 3. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our written consent. 4. If you become aware of a wrongful act that may reasonably be expected to give rise to a claim and for which a claim has not yet been received you must notify us in writing as soon as practicable. Such notice must provide a. A description of the wrongful act includ ing all relevant dates b. The names of the persons involved in the wrongful act including names of the po tential claimants c. Particulars as to the reasons why you be came aware of and reasonably expect a claim which may result from such wrong ful act d. The nature of the alleged or potential dam ages arising from such wrongful act and e. The circumstances by which the insured first became aware of the wrongful act. D. Legal Action Against Us No person or organization has a right under this policy 1. To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy 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 obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claim ant or the claimant s legal representative. We will also not be liable for the insured s share of any payment due because of a settlement or judg ment for which the insured is responsible under Section IV Deductible. E. Other Insurance If other valid and collectible insurance is available to the insured our obligations are limited as fol lows 1. Primary Insurance This insurance is primary. We will not seek con tribution from any other insurance available to you or the involved insured unless the other insurance is specifically designed to provide coverage because of liability arising out of a wrongful act. Then we will share with that other insurance by the method described be low. 2. 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 con tributes equal amounts until it has paid its ap plicable limit of insurance or none of the liability remains whichever comes first. Page 4 of 8 Insurance Services Office Inc. 2008 EP00011109 O | 2 |
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 in surance of all insurers. The method chosen for the handling of other valid insurance will not affect your responsibility to share with us as specified under Section IV De ductible.. Premium Audit 1. We will compute all premiums for this policy in accordance with our rules and rates. 2. Premium shown in this policy as advance pre mium 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 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 ex cess to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 4. We will waive the premium audit only with your consent.. Representations By accepting this policy you agree that 1. The statements in the Declarations are accurate and complete 2. Those statements are based upon representa tions you made to us and 3. We have issued this policy in reliance upon your representations.. Separation Of Insureds Except with respect to the Limit of Insurance and any rights or duties specifically assigned in this policy to the first Named Insured this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each insured against whom claim is made. I. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing to impair those rights. At our re quest the insured will bring suitor transfer those rights to us and help us enforce them.. If You Are Permitted To Select Defense Counsel If by mutual agreement or court order the insured is given the right to select defense counsel and the Limit of Insurance has not been used up the fol lowing provisions apply 1. We retain the right at our discretion to a. Settle approve or disapprove the settlement of any claim and b. Appeal any judgment award or ruling at our expense. 2. You and any other involved insured must a. Continue to comply with Section V Para graph C. Duties In The Event Of A Claim Or Wrongful Act That May Result In A Claim Condition as well as the other provisions of this policy and b. Direct defense counsel of the insured to 1 Furnish us with the information we may request to evaluate those suits for cov erage under this policy and 2 Cooperate with any counsel we may select to monitor or associate in the de fense of those suits. 3. If we defend you under a reservation of rights both your and our counsel will be required to maintain records pertinent to your defense ex penses. These records will be used to deter mine the allocation of any defense expenses for which you may be solely responsible in cluding defense of an allegation not covered by this insurance. K. Transfer Of Duties When Limit Of Insurance Is Used Up 1. If we conclude that based on claims which have been reported to us and to which this in surance may apply the Limit of Insurance is likely to be used up in the payment of judg ments or settlements for damages or the pay ment of defense expenses we will notify the first Named Insured in writing to that effect. EP 000111 09 Insurance Services Office Inc. 2008 Page 5 of 8 o | 2 |
2. When the Limit of Insurance has actually been used up in the payment of judgments or set tlements for damages or the payment of de fense expenses we will a. Notify the first Named Insured in writing as soon as practicable that such a limit has actually been used up and that our duty to defend the insured against suits seeking damages subject to that limit has also ended b. Initiate and cooperate in the transfer of control to any appropriate insured of all suits for which the duty to defend has ended for the reason described in Para graph 2.a. above and which are reported to us before that duty to defend ended and c. Take such steps as we deem appropriate to avoid a default in or continue the de fense of such suits until such transfer is completed provided the appropriate in sured is cooperating in completing such transfer. 3. When 2.a. above has occurred the first Named Insured and any other insured involved in a suit seeking damages subject to that limit must a. Cooperate in the transfer of control of suits and b. Arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the de fense of such suit must be made as soon as practicable. 4. We will take no action with respect to defense for any claim if such claim is reported to us after the applicable limit of insurance has been used up. It becomes the responsibility of the first Named Insured and any other insured in volved in such a claim to arrange defense for such claim. 5. The first Named Insured will reimburse us as soon as practicable for expenses we incur in taking those steps we deem appropriate in ac cordance with Paragraph 2. above. 6. The exhaustion of the applicable limit of insur ance and the resulting end of our duty to de fend will not be affected by our failure to com ply with any of the provisions of this Condition. L. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal at least 30 days before the end of the policy period or earlier if required by the state law or regulation controlling the application of this Coverage Part. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION VI EXTENDED REPORTING PERIOD A. You will have the right to purchase an Extended Reporting Period from us if 1. This Coverage Part is cancelled or not renewed for any reason or 2. We renew or replace this Coverage Part with insurance that a. Has a Retroactive Date later than the date shown in the Declarations of this Coverage Part or b. Does not apply to wrongful acts on a claims made basis. B. An Extended Reporting Period as specified in Paragraph A. above lasts three years and is avail able only by endorsement and for an additional charge. C. The Extended Reporting Period starts with the end of the policy period. It does not extend the policy period or change the scope of coverage provided. It applies only to claims to which the following applies 1. The claim is first made during the Extended Reporting Period 2. The wrongful act occurs before the end of the policy period and 3. The wrongful act did not commence before the Retroactive Date if any. D. You must give us a written request for the Ex tended Reporting Period Endorsement within 30 days after the end of the policy period or the effec tive date of cancellation whichever comes first. E. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due and any premium or deductible you owe us for coverage provided under this pol icy. Once in effect the Extended Reporting Period may not be cancelled. Page 6 of 8 Insurance Services Office Inc. 2008 EP00011109 O | 2 |
EP 000111 09 F. We will determine the additional premium in accor dance with our rules and rates. In doing so we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limit of Insurance available under this policy for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this policy.. When the Extended Reporting Period Endorse ment is in effect we will provide a Supplemental Limit of Insurance for any claim first made during the Extended Reporting Period. The Supplemental Limit of Insurance will be equal to the dollar amount shown in the Declarations in effect at the end of the policy period. Paragraph B. of Section Il Limit Of Insurance will be amended accordingly. SECTION VIl DEFINITIONS A. Claim means a suit or demand made by or for a current former or prospective employee for dam ages because of an alleged wrongful act.. Coverage territory means 1. The United States of America including its territories or possessions and Puerto Rico or 2. All parts of the world if the insured s responsi bility to pay damages is determined in a suit on the merits brought in the territory described in Paragraph 1. above or in a settlement we agree to.. Defense expenses means payments allocated to a specific claim we investigate settle or defend for its investigation settlement or defense including 1. Fees and salaries of attorneys and paralegals we retain including attorneys and paralegals who are our employees. 2. Fees of attorneys the insured retains when by our mutual agreement or court order or when required by administrative hearing or proceed ing the insured is given the right to retain de fense counsel to defend against a claim. 3. All other litigation or administrative hearing expenses including fees or expenses of expert witnesses hired either by us or by the defense attorney retained by an insured. 4. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim including actual loss of earnings up to 250 a day because of time off from work. Insurance Services Office Inc. 2008 5. Costs taxed against the insured in the suit. Defense expenses does not include salaries and expenses of our employees or the insured s em ployees other than those described in Para graphs 1. and 4. above.. Discrimination means violation of a person s civil rights with respect to such person s race color national origin religion gender marital status age sexual orientation or preference physical or mental condition or any other protected class or characteristic established by any federal state or local statutes rules or regulations.. Employee includes a leased worker and a tem porary worker but does not include an independ ent contractor.. 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.. 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 re lated to the conduct of your business. Leased worker does not include a temporary worker.. Suit means a civil proceeding in which damages because of a wrongful act to which this insurance applies are alleged including 1. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent 2. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent or 3. Any administrative proceeding or hearing con ducted by a governmental agency federal state or local having the proper legal authority over the matter in which such damages are claimed.. Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions.. Wrongful act means one or more of the following offenses but only when they are employment related 1. Wrongful demotion or failure to promote nega tive evaluation reassignment or discipline of your current employee or wrongful refusal to employ 2. Wrongful termination meaning the actual or constructive termination of an employee a. In violation or breach of applicable law or public policy or Page 7 of 8 EP 000111 09 Page 7 of 8 o | 2 |
b. Which is determined to be in violation of a contract or agreement other than any em ployment contract or agreement whether written oral or implied which stipulates fi nancial consideration if such financial con sideration is due as the result of a breach of the contract 3. Wrongful denial of training wrongful depriva tion of career opportunity or breach of em ployment contract 4. Negligent hiring or supervision which results in any of the other offenses listed in this defini tion 5. Retaliatory action against an employee be cause the employee has a. Declined to perform an illegal or unethical act b. Filed a complaint with a governmental au thority or a suit against you or any other insured in which damages are claimed c. Testified against you or any other insured at a legal proceeding or d. Notified a proper authority of any aspect of your business operation which is illegal. Coercing an employee to commit an unlawful act or omission within the scope of that per son s employment. Harassment. Libel slander invasion of privacy defamation or humiliation or. Verbal physical mental or emotional abuse arising from discrimination. Page 8 of 8 Insurance Services Office Inc. 2008 EP00011109 O | 2 |
POLICY NUMBER ZAGLB9224901 POLICY NUMBER ZAGLB9224901 EMPLOYMENT RELATED PRACTICES LIABILITY EP DS 0109 07 EMPLOYMENT RELATED PRACTICES LIABILITY DECLARATIONS Company Name ARCH INSURANCE COMPANY Producer Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. Named Insured WITCH ENTERPRISES INC. Mailing Address 2345 Grand Blvd Suite 900 Kansas City MO 64108 Policy Period From 12 31 2017 To 12 31 2018 1201 A.M. at your mailing address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Limit Of Insurance Deductible Amount 250000 1000 Retroactive Date This insurance does not apply to a wrongful act if the offense out of which the wrongful act arose commences before the Retroactive Date if any shown below. Retroactive Date 07 01 2005 Enter date or none if no Retroactive Date applies. Pending Or Prior Litigation Date Pending Or Prior Date Enter date or none if no Pending Or Prior Date applies. Description Of Business Form Of Business I I Individual Partnership l Joint Venture I Limited Liability Company X Organization Including A Corporation But Not Including A Partnership Joint Venture Or Limited Liability Company i dividual Partnership l Joint Venture mited Liability Company X Organization Including A Corporation But Not Including A Partnership Joint Venture Or Limited EP DS 0109 07 ISO Properties Inc. 2006 Page1of2 L | 2 |
Classification And Premium Code Premium Advance Classification No. Base Premium MISC MANUFACTURING INDUSTRIES 62039 INCLUDED State Tax Or Other If Applicable Total Premium Subject To Audit INCLUDED Premium Shown Is Payable At Inception At Each Anniversary If Policy Period Is More Than One Year And Premium Is Paid In Annual Installments Audit Period If Applicable Annually Semi Annually Quarterly Monthly Endorsements Attached To This Policy See schedule of forms and endorsements. THESE DECLARATIONS TOGETHER WITH THE SIGNED APPLICATION COMMON POLICY CONDITIONS AND COVERAGE FORMS AND ANY ENDORSEMENTS COMPLETE THE ABOVE NUMBERED POLICY. Countersignature Of Authorized Representative Name Title Signature Date NOTE Officers facsimile signatures may be inserted here on the policy cover or elsewhere at the insurance company s option. emium Shown Is Payable Subject To Audit INCLUDED rsary d Is More Than One Year And Premium Is Paid In 1dorsements Attached To This Policy e schedule of forms and endorsements. re Page 2 of 2 S0 Properties Inc. 2006 EP DS 0109 07 o | 2 |
Policy Number ZAGLB9224901 ENDORSEMENT ARCH INSURANCE COMPANY Effective Date 12 31 17 1201 A.M. Standard Time AgentName ARTHUR J. GALLAGHER RISK MGMT SVCS INC. Agent No. 700 SOLUTIONS WATERCRAFT ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING Named Insured WITCH ENTERPRISES INC. COMMERCIAL GENERAL LIABILITY COVERAGE FORM ITEM G. 2 OF PART 2. EXCLUSIONS IN SECTION I COVERAGE IS DELETED AND REPLACED BY THE FOLLOWING A WATERCRAFT EITHER OWNED OR NON OWNED THAT IS LESS THAN 150 FEET LONG AND NOT BEING USED TO CARRY PERSONS OR PROPERTY FOR A CHARGE. OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. FAIC SKLBUS GLE 0601 ZAGLB9224901 ENDORSEMENT ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Tin Als ENDOROEMBENT MODIEFIERS INOURANCE PROVIDRED UNDBR THE FOLLOWILIN OMMERCIAL GENERAL LIABILITY COVERAGE FORM TEM G. 2 OF PART 2. EXCLUSIONS IN SECTION I COVERAGE IS DELETED ND REPLACED BY THE FOLLOWING 2 A WATERCRAFT EITHER OWNED OR NON OWNED THAT IS A LESS THAN 150 FEET LONG AND B NOT BEING USED TO CARRY PERSONS OR PROPERTY FOR A CHARGE. LL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
Policy Number ZAGLB9224901 ENDORSEMENT ARCH INSURANCE COMPANY Named Insured WITCH ENTERPRISES INC. Effective Date 12 31 17 1201 A.M. Standard Time Agent Name ARTHUR J. GALLAGHER RISK MGMT SVCS INC. Agent No. 700 THIS ENDORSEMENT CHANGES COVERAGE UNDER THE FOLLOWING EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE FORM 1. SECTION I EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE. A. INSURING AGREEMENT 1. A. AND B. ARE DELETED AND REPLACED BY THE FOLLOWING A. THE AMOUNT WE WILL PAY FOR DEFENSE EXPENSES IS LIMITED AS DESCRIBED IN SECTION III LIMIT OF INSURANCE AND IN SECTION IV DEDUCTIBLE B. THE COVERAGE AND DUTY TO DEFEND PROVIDED BY THIS POLICY WILL END WHEN WE AVE USED UP THE APPLICABLE LIMIT OF INSURANCE FOR DEFENSE EXPENSES. 2. ITEM B.1. OF SECTION III LIMIT OF INSURANCE IS DELETED. 3. THE FIRST PARAGRAPH OF ITEM A. IN SECTION IV DEDUCTIBLE IS DELETED AND REPLACED BY THE FOLLOWING A. WE WILL NOT PAY FOR OUR SHARE OF DEFENSE EXPENSES UNTIL THE AMOUNT OF DEFENSE EXPENSES EXCEEDS THE DEDUCTIBLE SHOWN IN THE DECLARATIONS. WE WILL THEN PAY THE AMOUNT OF DEFENSE EXPENSES IN EXCESS OF THE DEDUCTIBLE UP TO THE LIMIT OF INSURANCE. 4. THE FIRST PARAGRAPH OF K. 2. SECTION V CONDITIONS IS DELETED AND REPLACED WITH THE FOLLOWING WHEN THE LIMIT OF INSURANCE HAS ACTUALLY BEEN USED UP IN THE PAYMENT OF DEFENSE EXPENSES WE WILL 5. ITEM F.3. SECTION VI EXTENDED REPORTING PERIOD IS DELETED AND REPLACED BY THE FOLLOWING 3. LIMIT OF INSURANCE AVAILABLE UNDER THIS POLICY FOR FUTURE PAYMENT OF DEFENSE EXPENSES ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. FAIC SKLBUS GLE 0601 ZAGLB9224901 ENDORSEMENT ARCH INSURANCE COMPANY lamed Insured WITCH ENTERPRISES INC. Effective Date 12 31 1 1201 A.M. Standard Tin nlo BNDURoBRMENL CHANGRS COVERAGE UNDER 1A0ObB FPULLUWLN MPLOYMENT RELATED PRACTICES LIABILITY COVERAGE FORM. SECTION I EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE. A. NSURING AGREEMENT 1. A. AND B. ARE DELETED AND REPLACED BY THE OLLOWING. THE AMOUNT WE WILL PAY FOR DEFENSE EXPENSES IS LIMITED AS ESCRIBED IN SECTION III LIMIT OF INSURANCE AND IN SECTION IV EDUCTIBLE. THE COVERAGE AND DUTY TO DEFEND PROVIDED BY THIS POLICY WILL END HEN WE AVE USED UP THE APPLICABLE LIMIT OF INSURANCE FOR DEFENSE XPENSES. ITEM B.1l. OF SECTION III LIMIT OF INSURANCE IS DELETED.. THE FIRST PARAGRAPH OF ITEM A. IN SECTION IV DEDUCTIBLE IS ELETED AND REPLACED BY THE FOLLOWING. WE WILL NOT PAY FOR OUR SHARE OF DEFENSE EXPENSES UNTIL HE AMOUNT OF DEFENSE EXPENSES EXCEEDS THE DEDUCTIBLE HOWN IN THE DECLARATIONS. WE WILL THEN PAY THE AMOUNT OF DEFENSE EXPENSES IN EXCESS OF THE DEDUCTIBLE UP TO THE IMIT OF INSURANCE.. THE FIRST PARAGRAPH OF K. 2. SECTION V CONDITIONS IS DELETED ND REPLACED WITH THE FOLLOWING HEN THE LIMIT OF INSURANCE HAS ACTUALLY BEEN USED UP IN THE PAYMENT F DEFENSE EXPENSES WE WILL. ITEM F.3. SECTION VI EXTENDED REPORTING PERIOD IS DELETED AND EPLACED BY THE FOLLOWING. LIMIT OF INSURANCE AVAILABLE UNDER THIS POLICY FOR FUTURE PAYMENT F DEFENSE EXPENSES LL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. | 2 |
COMMERCIAL GENERAL LIABILITY CG 00010413 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 becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this 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 Il 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 under Coverages A or Bor 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. b. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory c.. Bodily injury or. Damages because of bodily 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 notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 3 property damage will be deemed to have been known to have occurred 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 occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. nis policy restrict coverage. arefully to determine rights 10 t covered. e words you and your refer own in the Declarations and nization qualifying as a Named y. The words we us and providing this insurance. s any person or organization r Section Il Who Is An es that appear in quotation ning. Refer to Section V s INJURY AND PROPERTY ums that the insured becomes pay as damages because of roperty damage to which this We will have the right and e insured against any suit 1acges. However. we will have 2 4 CG 00010413 Insurance Services Office Inc. 2012 Page 1 of 16 | 0 |
2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. b This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Page 2 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or i Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or i Any person or organization for whom you may be legally responsible or c d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to i Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or 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 exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels Ilubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii CG 00010413 Insurance Services Office Inc. 2012 Page 3 of 16 | 1 |
2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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 assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment 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 damage 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 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or b 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged or b The operation of any of the machinery or equipment listed in Paragraph f.2 or f.3 of the definition of mobile equipment. h. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage To Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you Page 4 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this 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 seven 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. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations 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 dangerous 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 product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or AR dli el e TIEVED or rental by you. nd 6 of this exclusion ity assumed under a usion does not apply to ded in the products ard. 3 ur product arising out ur work arising out of it luded in the products ard. apply if the damaged CG 00010413 Insurance Services Office Inc. 2012 Page 5 of 16 | 1 |
4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily 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 a. We will pay those sums that the insured becomes 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 Bor 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. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury.. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication in any manner 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 in any manner of material whose first publication took place before the beginning of the policy period.. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured.. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to 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 Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your 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 advertisement. ance applies to this coverage 1 Il Limits Of Insurance. AL AND ADVERTISING ums that the insured becomes pay as damages because of ertising injury to which this Page 6 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting 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 section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising 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 insured exercises control. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. publishing or n. Pollution related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. o. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 CG 00010413 Insurance Services Office Inc. 2012 Page 7 of 16 | 1 |
COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the coverage territory and during the policy period b The expenses are incurred and reported to us within one year of the date of the accident and c The injured person submits to examination 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 applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical Xray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies.. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law.. Athlefics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests.. Products Completed Operations Hazard Included within the products completed operations hazard.. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. 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. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to 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 insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work.. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured.. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. as described an accident u own or rent 1 the coverage icy period 1 and renarted Page 8 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the insurance.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract limits of b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. b c d So long as the above conditons are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. suit and the information urrence are such that no t between the interests of rests of the indemnitee the insured ask us to the defense of that 1 suit and agree that we counsel to defend the tee and CG 00010413 Insurance Services Office Inc. 2012 Page 9 of 16 | 1 |
2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 someone else who must pay damages because of the injury described in Paragraph 1a or b above or Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. b c d c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part.. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 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 Il 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 or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. Page 10 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage 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 Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damageto any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claimis made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suitand the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent.. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. i IpIELEL Personal And will pay under s because of tained by any e whichever the most we erty damage Damage To most we will because of while rented while rented y you with he last preceding perio for purposes Limits of Insurance. DMMERCIAL GENERAL LIABILITY CG 00010413 Insurance Services Office Inc. 2012 Page 11 of 16 | 1 |
4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. below.. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installaton Risk or similar coverage for your work That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or iv If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Secton Coverage A Bodily Injury And Property Damage Liability. b Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. i iii c. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other insurance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method Of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit b. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the informaton we need for premium computation and send us copies at such times as we may request. 6. Representations By accepting this policy you agree The statements in the Declarations are accurate and complete Page 12 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
b. Those statements are based representations you made to us and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. upon 3.. Hostile However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time.. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in Paragraph a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in Paragraph a. above The activities of a person whose home is in the territory described in Paragraph a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 2 3. Employee includes a leased worker. Employee does not include a temporary worker.. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. fire means one which becomes uncontrollable or breaks out from where it was intended to be.. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fuffiling the terms of the contract or agreement. Wiy deeiylivid it e lamed Insured this vere the only Named igainst whom claim is Against Others To yver all or part of any this Coverage Part us. The insured must them. At our request ansfer those rights to overage Part we will ed Insured shown in CG 00010413 Insurance Services Office Inc. 2012 Page 13 of 16 | 1 |
9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 2 b 10. 1 12 Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto it is in or on an aircraft watercraft or sor c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following 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 maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportaton of persons or cargo. agreement except in ruction or demolition 0 feet of a railroad ired by ordinance to except in connection ty rAreement Page 14 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
13. 14. 15. 3 However self propelled vehicles with following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. g. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. Oral or written publication in any manner of material that violates a person s right of privacy. The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. b. 1 Products 2 3 the 16.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your productor your work except that are still possession or in your physical 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Does not include bodily injury or property damage arising out of b c 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 The existence of tools uninstalled equipment or abandoned or unused materials or Products or operations for which the classification listed in the Declarations or in a policy Schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. equipment but will be imarily for but not construction milar devices mounted k chassis and used to and mps and generators welding building exploration lighting pment. does not include any t to a compulsory or r other motor vehicle icensed or principally ct to a compulsory or r other motor vehicle autos. accident including ure to substantially the ns. injury means injury y injury arising out of ffenses mprisonment n wrongful entry into private occupancy of a nises that a person or on behalf of its n in any manner of r libels a person or gee a person s or 2 3 CG 00010413 Insurance Services Office Inc. 2012 Page 15 of 16 | 1 |
As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 19.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21.Your product 20 S a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. to provide 22.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure warnings or instructions. to provide o Page 16 of 16 Insurance Services Office Inc. 2012 CG 00010413 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CROSS SUITS EXCLUSION This insurance does not apply to and we will not have the duty to investigate or defend any suit brought against you or pay any costs or expenses of such investigation and defense for liability claims damage or loss arising out of damages of one insured against another insured. However this exclusion does not apply to parties added as additional insureds via the use of an additional insured endorsement. Al other terms and conditions of this Policy remain unchanged. This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ZAGLB9224901 Named Insured WITCH ENTERPRISES INC. Endorsement Effective Date 12 31 17 00 GL0172 00 03 04 Page 10f 1 | 2 |
POLICY NUMBER ZAGLB9224901 CY NUMBER ZAGLB9224901 COMMERCIAL GENERAL LIABILITY CG 04 40 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP EMPLOYERS LIABILITY COVERAGE ENDORSEMENT NORTH DAKOTA This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Injury By Accident Each Accident Bodily Injury By Disease 1000000 Aggregate Limit Bodily Injury By Disease 1000000 Each Employee If no entry appears above the information required to complete this endorsement will be shown in the Declara tions as applicable to this endorsement. A. The following is added to Section Coverages No other obligation or liability to pay sums COVERAGE STOP GAP EMPLOYERS or perform acts or services is covered LIABILITY unless explicitly provided for under Sup plementary Payments. 1. Insurin reement uring Ag b. This insurance applies to bodily injury by a. We will pay those sums that the insured becomes legally obligated by North Dakota Law to pay as damages because of bodily injury by accident or bodily injury by dis ease to your employee to which this in surance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. We may at our discretion investigate any ac cident 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 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 this coverage. 2 accident or bodily injury by disease only if 1 The a Bodily injury by accident or bodily injury by disease takes place in the coverage territory b Bodily injury by accident or bodily injury by disease arises out of and in the course of the injured em ployee s employment by you and c Employee at the time of the injury was covered under a worker s compensation policy and subject to a workers compensation law of North Dakota and 2 The a Bodily injury by accidentis caused by an accident that occurs during the policy period or No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies to bodily injury by accident or bodily injury by disease only if 1 The a Bodily injury by accident or bodily b c injury by disease takes place in the coverage territory Bodily injury by accident or bodily injury by disease arises out of and in the course of the injured em ployee s employment by you and Employee at the time of the injury was covered under a worker s compensation policy and subject to a workers compensation law of North Dakota and 2 The a Bodily injury by accidentis caused by an accident that occurs during the policy period or CG 04 40 11 03 ISO Properties Inc. 2003 Page 1 of 4 m | 2 |
c. b Bodily injury by disease is caused by or aggravated by conditions of employment by you and the injured employee s last day of last expo sure to the conditions causing or aggravating such bodily injury by disease occurs during the policy period. The damages we will pay where recovery is permitted by law include damages 1 For a Which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee b Care and loss of services and c Consequential bodily injury by accident or bodily injury by dis ease to a spouse child parent brother or sister of the injured em ployee provided that these damages are the direct consequence of bodily injury by accident or bodily injury by disease that arises out of and in the course of the injured employee s employment by you and 2 Because of bodily injury by accident or bodily injury by disease to your employee that arises out of and in the course of employment claimed against you in a capacity other than as em ployer. 2. Exclusions This insurance does not apply to Intentional Injury Bodily injury by accident or bodily injury by disease intentionally caused or aggra vated by you or bodily injury by accident or bodily injury by disease resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially cer tain to occur.. Fines Or Penalties Any assessment penalty or fine levied by any regulatory inspection agency or au thority.. Statutory Obligations Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law.. Contractual Liability Liability assumed by you under any con tract or agreement.. Violation Of Law Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the ac tual knowledge of any of your executive officers.. Termination Coercion Or Discrimination Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or arising out of other employment or personnel decisions con cerning the insured.. Failure To Comply With Workers Compensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your ob ligations or other failure to comply with any workers compensation law.. Violation Of Age Laws Or Employment Of Minors Bodily injury by accident or bodily injury by disease suffered or caused by any person 1 Knowingly employed by you in viola tion of any law as to age or 2 Under the age of 14 years regardless of any such law.. Federal Laws Any premium assessment penalty fine benefit liability or other obligation im posed by or granted pursuant to 1 The Federal Employer s Liability Act 45 USC Section 51 60 2 The Non appropriated Fund Instrumen talities Act 5 USC Sections 8171 8173 Page 2 of 4 ISO Properties Inc. 2003 CG 04 40 11 03 o | 2 |
3 The Longshore and Harbor Workers Compensation Act 33 USC Sections 910 950 4 The Outer Continental Shelf Lands Act 43 USC Section 1331 1356 5 The Defense Base Act 42 USC Sec tions 1651 1654 6 The Federal Coal Mine Health and Safety Act of 1969 30 USC Sections 901 942 7 The Migrant and Seasonal Agricultural Worker Protection Act 29 USC Sec tions 1801 1872 8 Any other workers compensation unemployment compensation or dis ability laws or any similar law or 9 Any subsequent amendments to the laws listed above. j Punitive Damages Multiple exemplary or punitive damages. k. Crew Members Bodily injury by accident or bodily injury by disease to a master or member of the crew of any vessel or any member of the flying crew of an aircraft. B. The Supplementary Payments provisions apply to Coverage Stop Gap Employers Liability as well as to Coverages Aand B. C. For the purposes of this endorsement Section Il Who Is An Insured is replaced by the follow ing If you are designated in the Declarations as 1. 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. 2. 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. 3. 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. 4. 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. No person or organization is an insured with re spect to the conduct of any current or past part nership joint venture or limited liability company that is not shown as a Named Insured in the Dec larations.. For the purposes of this endorsement Section Il Limits Of Insurance is replaced by the following 1. The Limits of Insurance shown in the Sched ule of this endorsement and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The Bodily Injury By Accident Each Acci dent Limit shown in the Schedule of this en dorsement is the most we will pay for all dam ages covered by this insurance because of bodily injury by accident to one or more employees in any one accident. 3. The Bodily Injury By Disease Aggregate Limit shown in the Schedule of this endorse ment is the most we will pay for all damages covered by this insurance and arising out of bodily injury by disease regardless of the number of employees who sustain bodily in jury by disease. 4. Subject to Paragraph D.3. of this endorse ment the Bodily Injury By Disease Each Employee Limit shown in the Schedule of this endorsement is the most we will pay for all damages because of bodily injury by dis ease to any one employee. The limits of the coverage apply separately to each consecutive annual period and to any re maining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is ex tended 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. CG 04 40 11 03 ISO Properties Inc. 2003 Page 3 of 4 m | 2 |
E. For the purposes of this endorsement Condition 2. Duties In The Event Of Occurrence Clam Or Suit of the Conditions Section IV is deleted and replaced by the following 2. Duties The Event Of Injury Claim Suit a. You must see to it that we or our agent are notified as soon as practicable of a bodily injury by accident or bodily injury by dis ease which may result in a claim. To the extent possible notice should include 1 How when and where the bodily injury by accident or bodily injury by disease took place 2 The names and addresses of any in jured persons and witnesses and 3 The nature and location of any injury. 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 notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the injury claim proceeding or suit Authorize us to obtain records and other information 3 Cooperate with us and assist us as we may request in the investigation or set tlement of the claim or defense against the suit 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury to which this insurance may also apply and 5 Do nothing after an injury occurs that would interfere with our right to re cover from others. d. No insured will except at that insured s own cost voluntarily make a payment as sume any obligation or incur any ex pense other than for first aid without our consent. 2 F. For the purposes of this endorsement Paragraph 4. of the Definiions Section is replaced by the fol lowing 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 the activities of a person whose home is in the territory de scribed in a. above but who is away for a short time on your business provided the insured s responsibility to pay damages is determined in the United States including its territories and possessions Puerto Rico or Canada in a suit on the mer its according to the substantive law in such territory or in a settlement we agree to. G. The following are added to the Definiions Sec tion 1. Workers Compensation Law means the Workers Compensation Law and any Occupa tional Disease Law of North Dakota. This does not include provisions of any law providing non occupational disability benefits. 2. Bodily injury by accident means bodily in jury sickness or disease sustained by a per son including death resulting from an acci dent. A disease is not bodily injury by acci dent unless it results directly from bodily in jury by accident. 3. Bodily injury by disease means a disease sustained by a person including death. Bod ily injury by disease does not include a dis ease that results directly from an accident. H. For the purposes of this endorsement the defini tion of bodily injury does not apply. Page 4 of 4 ISO Properties Inc. 2003 CG 04 40 11 03 o | 2 |
POLICY NUMBER ZAGLB9224901 CY NUMBER ZAGLB9224901 COMMERCIAL GENERAL LIABILITY CG 04411204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOP GAP EMPLOYERS LIABILITY COVERAGE ENDORSEMENT OHIO This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE its Of Insurance Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Aggregate Limit Bodily Injury By Disease 1000000 Each Employee Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages No other obligation or liability to pay sums COVERAGE STOP GAP EMPLOYERS or perform acts or services is covered LIABILITY unless explicitly provided for under Sup. plementary Payments. 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated by Ohio Law to pay as damages because of bodily injury by accident or bodily injury by disease to your employee to which this insurance applies. We will have the right and duty to defend the insured against any suit seek ing those damages. However we will have no duty to defend the insured against any suit seeking damages to which this in surance does not apply. We may at our discretion investigate any accident 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 end when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage. b. This insurance applies to bodily injury by accident or bodily injury by disease only if 1 The a Bodily injury by accident or bodily injury by disease takes place in the coverage territory Bodily injury by accident or bodily injury by disease arises out of and in the course of the injured em ployee s employment by you and Employee at the time of the injury was covered under a worker s compensation policy and subject to a workers compensation law of Ohio and 2 The a Bodily injury by accidentis caused by an accident that occurs during the policy period or b c CG 04411204 ISO Properties Inc. 2004 Page 1 of 4 m | 2 |
c. b Bodily injury by disease is caused by or aggravated by conditions of employment by you and the injured employee s last day of last expo sure to the conditions causing or aggravating such bodily injury by disease occurs during the policy period. The damages we will pay where recovery is permitted by law include damages 1 For a Which you are liable to a third party by reason of a claim or suit against you by that third party to recover the damages claimed against such third party as a result of injury to your employee b Care and loss of services and c Consequential bodily injury by accident or bodily injury by dis ease to a spouse child parent brother or sister of the injured em ployee provided that these damages are the direct consequence of bodily injury by accident or bodily injury by disease that arises out of and in the course of the injured employee s employment by you and 2 Because of bodily injury by accident or bodily injury by disease to your employee that arises out of and in the course of employment claimed against you in a capacity other than as em ployer. 2. Exclusions This insurance does not apply to Intentional Injury Bodily injury by accident or bodily injury by disease intentionally caused or aggra vated by you or bodily injury by accident or bodily injury by disease resulting from an act which is determined to have been committed by you if it was reasonable to believe that an injury is substantially cer tain to occur.. Fines Or Penalties Any assessment penalty or fine levied by any regulatory inspection agency or au thority. c. Statutory Obligations Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. d. Contractual Liability Liability assumed by you under any con tract or agreement. e. Violation Of Law Bodily injury by accident or bodily injury by disease suffered or caused by any employee while employed in violation of law with your actual knowledge or the ac tual knowledge of any of your executive officers.. Termination Coercion Or Discrimination Damages arising out of coercion criticism demotion evaluation reassignment disci pline defamation harassment humiliation discrimination against or termination of any employee or arising out of other employment or personnel decisions con cerning the insured. g. Failure To Comply With Workers Compensation Law Bodily injury by accident or bodily injury by disease to an employee when you are 1 Deprived of common law defenses or 2 Otherwise subject to penalty because of your failure to secure your ob ligations or other failure to comply with any workers compensation law. h. Violation Of Age Laws Or Employment Of Minors Bodily injury by accident or bodily injury by disease suffered or caused by any person 1 Knowingly employed by you in viola tion of any law as to age or 2 Under the age of 14 years regardless of any such law.. Federal Laws Any premium assessment penalty fine benefit liability or other obligation im posed by or granted pursuant to 1 The Federal Employer s Liability Act 45 USC Section 51 60 Page 2 of 4 ISO Properties Inc. 2004 CG 04411204 o | 2 |
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