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INTERLINE ENDORSEMENTS | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSURE This endorsement applies to the insurance provided under the following COMMERCIAL EXCESS LIABILITY UMBRELLA INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART CYBERFIRST ESSENTIALS LIABILITY COVERAGE PART CYBERFIRST LIABILITY COVERAGE EMPLOYEE BENEFITS LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EMPLOYMENT PRACTICES LIABILITY WITH IDENTITY FRAUD EXPENSE REIMBURSEMENT COV ERAGE PART ENVIRONMENTAL HAZARD POLICY EXCESS FOLLOWING FORM LIABILITY INSURANCE LAW ENFORCEMENT LIABILITY COVERAGE PART LIMITED ABOVE GROUND POLLUTION LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDFIRST PRODUCTS COMPLETED OPERATIONS ERRORS AND OMISSIONS AND INFORMATION SECURITY LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PUBLIC ENTITY MANAGEMENT LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANS PORTATION TRIBAL BUSINESS MANAGEMENT LIABILITY COVERAGE PART Any other Commerecial Liability coverage included in this policy that is subject to the federal Terrorism Risk Insurance Act of 2002 as amended PROVISIONS The federal Terrorism Risk Insurance Act of 2002 as amended TRIA establishes a program under which the Federal Government may partially reimburse Insured Losses as defined in TRIA caused by Acts Of Terror ism as defined in TRIA. Act Of Terrorism is defined in Section 1021 of TRIA to mean any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney Gen eral of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States Mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influ ence the policy or affect the conduct of the United States Government by coercion. The Federal Government s share of compensation for such Insured Losses is established by TRIA and is a per centage of the amount of such Insured Losses in excess of each Insurer s Insurer Deductible as defined in TRIA subject to the Program Trigger as defined in TRIA. Through 2020 that percentage is established by TRIA as follows 85 with respect to such Insured Losses occurring in calendar year 2015. 84 with respect to such Insured Losses occurring in calendar year 2016. 83 with respect to such Insured Losses occurring in calendar year 2017. 82 with respect to such Insured Losses occurring in calendar year 2018. 81 with respect to such Insured Losses occurring in calendar year 2019. 80 with respect to such Insured Losses occurring in calendar year 2020. ILT3680115 2015 The Travelers Indemnity Company. Al rights reserved Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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 Losses 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. ILT3680115 Page 2 of 2 2015 The Travelers Indemnity Company. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 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 b. T tions de Prohibited Coverage Unlicensed Insurance tic 1. With respect to loss sustained by any insured or. m loss to any property located in a country or juris PmhbWE diction in which we are not licensed to provide tions this insurance this insurance does not apply to We will p the extent that insuring such loss would violate will provid the laws or regulations of such country or jurisdic ing such tion. any of our 2. We do not assume responsibility for 1. Anyt a. The payment of any fine fee penalty or other regule charge that may be imposed on any person 2. Any o or organization in any country or jurisdiction proyhik because we are not licensed to provide insur ance in such country or jurisdiction or b. The furishing 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 RiskInsurance 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 actis 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 |
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 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 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 exhaustion 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 agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Medical Payments coverage to expenses incurred with respect to bodily in jury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage to bodily in jury or property damage resulting from 2 IS0 Properties Inc. 2007 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 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. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material spe cial nuclear material or by product material. 3 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. Page 1 of 2 IL 00 21 09 08 | 2 |
the total amount of such material in the custody of the insured at the premises where such equipment or device is lo cated consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation prem ises or place prepared or used for the storage or disposal of waste and includes the site on which any of the 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. 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 packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time Page 2 of 2 IS0 Properties Inc. 2007 IL 00 21 09 08 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI 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 A. When this endorsement is attached to the Stan dard Property Policy CP 00 99 the term Com mercial Property Coverage Part in this endorse ment also refers to the Standard Property Policy.. With respect to the Commercial General Liability Coverage Part Commercial Property Legal Liability Coverage Form CP 00 40 Commercial Property Mortgageholders Errors And Omissions Coverage Form CP 00 70 Crime And Fidelity Coverage Part Employment Related Practices Liability Coverage Part Equipment Breakdown Coverage Part Farm Liability Coverage Form Liquor Liability Coverage Part Pollution Liability Coverage Part Products Completed Operations Liability Cover age Part Medical Professional Liability Coverage Part the following Cancellation and Nonrenewal Pro visions apply Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation stating the actual reason for cancellation at least a. 10 days before the effective date of can cellation if we cancel for nonpayment of premium b. 30 days before the effective date of can cellation if cancellation is for one or more of the following reasons 1 Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this pol icy 2 Changes in conditions after the effec tive date of this policy which have materially increased the risk as sumed 3 We become insolvent or 4 We involuntarily lose reinsurance for this policy C. 60 days before the effective date of can cellation if we cancel for any other rea son. Nonrenewal The following is added and supersedes any pro vision to the contrary a. We may elect not to renew this policy by mailing or delivering to the first Named Insured at the last mailing address known to us written notice of nonre newal stating the actual reason for non renewal at least 60 days prior to the ef fective date of the nonrenewal. IL02740213 Insurance Services Office Inc. 2012 Page 1 of 2 | 2 |
b. If notice is mailed proof of mailing will be sufficient proof of notice. C. 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 Coverage Form Farm Livestock Coverage Form Farm Mobile Agricultural Machinery And Equipment Coverage Form Paragraphs 1. 2. 3. 4. and 6. of the Cancella tion Common Policy Condition are replaced by the following Cancellation Nonrenewal And Decreases In Coverage 1. The first Named Insured shown in the Decla rations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel nonrenew reduce in amount or adversely modify this policy by mailing or delivering to the first Named Insured written notice of this action at least a. 10 days before the effective date of this action if due to nonpayment of premium or evidence of incendiarism or b. 30 days before the effective date of this action if 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 a. Cancellation will state the effective date of cancellation. The policy period will end on that date. b. Any other action will state the effective date of that action. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. With respect to all Coverage Parts addressed in this endorsement Paragraph 5. of the Cancella tion Common Policy Condition is replaced by the following 5. 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 pre mium a. We will compute return premium pro rata and round to the next higher whole dollar when this policy is 1 Cancelled by us or 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 this insurance 3 Cancelled but rewritten with us or in our company group or 4 Cancelled after the first year if it is a prepaid policy written for a term of more than one year. b. When this policy is cancelled at the re quest of the first Named Insured except when Paragraph a.2 a.3 or a.4 ap plies we will return 90 of the pro rata unearned premium or 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part rounded to the next higher whole dollar. However when such cancellation takes place dur ing the first year of a multiyear prepaid policy we will return the full annual pre mium for the subsequent years. The refund will be less than 90 of the pro rata unearned premium or less than 75 of the pro rata unearned premium for the Equipment Breakdown Coverage Part if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. IL02740213 Page 2 of 2 Insurance Services Office Inc. 2012 | 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 |
IMPORTANT NOTICE CONTACT INFORMATION MISSOURI 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 INFORMA TION 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. Questions regarding your policy or coverage should be directed to your agent or us at Travelers One Tower Square Hartford CT 06183 800 328 2189 Travelers.com PN T20405 10 Page 1 of 1 | 2 |
IMPORTANT NOTICE SCHEDULE RATING MISSOURI 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 INFORMA TION 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. If you have any questions regarding any schedule rating changes please contact us or your agent as listed else where in the policy. PN T04305 10 Page 1 of 1 | 2 |
COMMERCIAL INSURANCE Policy Number GLO 9262264 04 Named Insured and Mailing Address AMERICAN FENCE CO. INC SEE NAMED INSURED ENDT 14803 FRONTIER RD OMAHA NE 68138 3920 Z ZURICH COMMON POLICY DECLARATIONS Renewal of Number GLO 9262264 03 Producer and Mailing Address LOCKTON COMPANIES LLC 702 N 129TH ST STE 109 OMAHA NE 68154 6112 Producer Code 28832 000 Policy Period Coverage begins 09 19 2011 at1201 AM. Coverageends 09 19 2012 at 1201 AM. The name insured is Individual Partnership X Corporation Other This insurance is provided by one or more of the stock insurance companies which are members of the Zurich American Insurance Group. The company tha provides coverage is designated on each Coverage Part Common Declarations. The company or companies providing this insurance may be referred 1o in this policy as The Company we s or our. The address of the comparies of the Zurich American Insurance Group are provided on the next page. THIS POLICY CONSISTS OF THE FOLLOWING COVERAGES GENERAL LIABILITY COVERAGE PREMIUM 31069.00 issued by ZURICH AMERICAN INSURANCE COMPANY THIS PREMIUM MAY BE SUBJECT TO AUDIT. TOTAL 31069.00 This premium does not include Taxes and Surcharges. SEE TNSTALLMENT SCHEDULE Taxes and Surcharges TOTAL The Forms and Endorsements made a part of this policy at the time of issue are listed on the SCHEDULE of FORMS and ENDORSEMENTS. Countersigned this day of Authorized Representative THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS COVERAGE PART DECLARATIONS COVERAGE PART FORMS FORMS AND ENDORSEMENTS IF ANY ISSUED TO FORM A PART THEREOF COMPLETE THE ABOVE NUMBERED POLICY. U GU D31C A 0193 Page 10f 1 Agent Copy GENERAL LIABILITY COVERAGE o PREMIUM 31069.00 issued by ZURICH AMERICAN INSURANCE COMPANY Agent Copy | 2 |
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Z ZURICH CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Insureds Name. Effective Date Policy Number Endorsement Number THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance imber A This endorsement applies to all Coverage Parts included in this policy. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act TRIA. The Terrorism Risk Insurance Act provides that the Seuetary of Treasury shall certify an act of terrorism 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. to have been 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. No act may be certificd as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a Program Year January 1 through December 31 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 Treasury. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy U GU767 A CW 0108 Page 1 of | 2 |
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2 ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 1 OF GENERAL LIABILITY PREMIUM Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the insurer retention. The insurer retention equals 20 of the insurer s prior calendar year direct earned premium associated with lines of insurance subject to TRIA. TRIA is scheduled to expire on December 31 2014 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and an insurer has met its deductible under the program that insurer 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 Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States 1. to be an act of terrorism 2. to be a violent act or an act that is dangerous to human life property or infrastructure 3. to have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. to have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. OF GENERAL LIABILITY PREMIUM U GU630 C 1207 Page 1 of Copyright 2007 Zurich American Insurance Company Includes copyrighted material of SO Properties Inc. with its permission Agent Copy | 2 |
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Policy..umber GLO 9262264 04 SCHEDULE OF FORMS AND ENDORSEMENTS ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 COMMON POLICY FORMS AND ENDORSEMENTS U GU767 A CW 01 08 CAP ON LOSSES FROM CERTIFIED ACTS OF TER U GU630 C 12 07 DISCLOSURE OF IMPORTANT INFO REL TO TRIA U GU D310 A 01 93 COMMON POLICY DECLARATIONS U GU619 A CW 10 02 SCHEDULE OF FORMS AND ENDORSEMENTS U GU621 A CW 10 02 SCHEDULE OF NAMED INSURED S U GU406 A 07 94 INSTALLMENT PREMIUM SCHEDULE U GU1016 A CW 06 10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 00 17 11 98 COMMON POLICY CONDITIONS IL 00 21 05 02 NUCLEAR ENERGY LIABILITY EXCLUSION ENDT IL 02 59 09 07 NEBRASKA CHANGES CANC NONRENL IL 00 03 08 07 CALCULATION OF PREMIUM GENERAL LIABILITY FORMS AND ENDORSEMENTS U GL851 B CW 06 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL915 C CW 08 04 FELLOW EMPLOYEE COVERAGE ENDORSEMENT U GL923 B CW 06 04 SILICA OR SILICAMIXED DUST EXCLUSION U GL925 B CW 12 01 WAIVER OF SUBROGATION BLANKET ENDT. U GL D851 B CW 09 04 EMPLOYEE BENEFITS LIAB OCCURRENCE COV U GL D1115 B CW 09 04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 12 07 COMMERCIAL GENERAL LIABILITY COV FORM U GL1114 A 10 02 COMPOSITE RATE UNIT OF EXPOSURE U GL1114 A 10 02 GOVERNMENTAL IMMUNITIES U GL1114 A 10 02 GOVERNMENT IMMUNITES U GL1114 A 10 02 GOVERNMENTAL IMMUNITIES U GL1060 D 09 09 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07 03 FUNGI OR BACTERIA EXCLUSION U GL1175 C 07 10 ADDL INSD AUTO OWNERS LESSEES CONTRACTR U GL1267 A 05 06 ILLINOIS EXCL OF WAIVER OF KOTECKI CAP U GL1294 A 10 06 LIMITED OPERATIONS CONSOLIDATED WRAP UP U GL1342 A 10 07 LEAD LIABILITY EXCLUSION U GL1178ACW 07 03 ASBESTOS EXCLUSION ENDORSEMENT U GL872 B CW 04 09 PREMIUM REPORTS AGREEMENT COMP RATED CG 26 50 12 98 MISSOURI CHANGES MEDICAL PAYMENTS U GL852 A CW 07 96 EMPL BENEFITS LIAB OCCURRENCE DED ENDT 05 09 RECRDG AND DISTRB OF MATRL OR INFO EXCL 10 93 EARLIER NOTICE OF CANC PROVIDED BY US 01 96 DEDUCTIBLE LIABILITY INSURANCE 07 04 ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL EXTERIOR INSULATION FINISH SYSTEM EXCL CONTRACTORS PROF LIAB CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAL 04 DESIGNATED LOCATIONS GENERAL AGGREGATE U GL 1059 A CW LTD POLLUTION COVERAGE ENDT WORKSITE U GU619 A CW 1002 SCHEDULE OF FORMS AND ENDORSEN ZURICH AMERICAN INSURANCE CO 3262264 04 U S P. o. AND ENDORSEMENTS INSURED S M SCHEDULE ION OR DEPARTMENT ITIONS BILITY EXCLUSION ENDT ANC NONRENL MIUM LIAB OCCURRENCE COV VERAGE ENDORSEMENT IXED DUST EXCLUSION ION BLANKET ENDT. GL851 B CW GL915 C CW GL923 B CW GL925 B CW GL D851 B CW GL D1115 B CW G 00 01 GL1114 A CW GL1114 A CW GL1114 A CW GL1114 A CW GL1060 D CW GL1171ACW GL1175 C CW GL1178ACW GL872 B CW G 26 50 GL852 A CW G 00 68 G 02 24 G 03 00 GG N o N RO aQae N 25 04 GL1059 A CW EMPLOYEE BENEFITS LIAB OCCURRENCE COV FELLOW EMPLOYEE COVERAGE ENDORSEMENT SILICA OR SILICAMIXED DUST EXCLUSION WAIVER OF SUBROGATION BLANKET ENDT. EMPLOYEE BENEFITS LIAB OCCURRENCE COV COMMERCIAL GL COVERAGE PART DECLARATIONS COMMERCIAL GENERAL LIABILITY COV FORM COMPOSITE RATE UNIT OF EXPOSURE GOVERNMENTAL IMMUNITIES GOVERNMENT IMMUNITES GOVERNMENTAL IMMUNITIES CONTRACTORS LIABILITY ENDORSEMENT FUNGI OR BACTERIA EXCLUSION ADDL INSD AUTO OWNERS LESSEES CONTRACTR ILLINOIS EXCL OF WAIVER OF KOTECKI CAP LIMITED OPERATIONS CONSOLIDATED WRAP UP LEAD LIABILITY EXCLUSION ASBESTOS EXCLUSION ENDORSEMENT PREMIUM REPORTS AGREEMENT COMP RATED MISSOURI CHANGES MEDICAL PAYMENTS EMPL BENEFITS LIAB OCCURRENCE DED ENDT RECRDG AND DISTRB OF MATRL OR INFO EXCL EARLIER NOTICE OF CANC PROVIDED BY US DEDUCTIBLE LIABILITY INSURANCE ADDL INSD VENDORS ADDL INSD LESSOR OF LEASED EQUIPMENT EMPLOYMENT RELATED PRACTICES EXCLUSION EXCL EXTERIOR INSULATION FINISH SYSTEM EXCL CONTRACTORS PROF LIAB CONTRACTUAL LIABILITY RAILROADS DESIGNATED CONSTRUCTION PROJECTS GENERAL DESIGNATED LOCATIONS GENERAL AGGREGATE LTD POLLUTION COVERAGE ENDT WORKSITE POSURE JORSEMENT ON SSEES CONTRACTR F KOTECKI CAP JIDATED WRAP UP SEMENT NT COMP RATED Agent Copy | 2 |
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Policy..amber GLO 9262264 04 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 NAMED INSURED AMERICAN FENCE CO. INC AMERICAN FENCE COMPANY OF IOWA TLMV INC. DBA AMERICAN FENCE CO OF SOUTH DAKOTA AMERICAN FENCE COMPANY OF LINCOLN INC. TLCB INC. DBA AMERICAN FENCE OF WESTERN NEBRASKA TODD J. LAVIGNE SEC ACCOMODATOR LXII LLC 10705. 147TH ST. LLC 12012 CAREY CIRCLE LLC NORTHERN PROPERTIES TLDB INC. DBA AMERIFENCE CORPORATION AMERICAN FENCE MANUFACTURING CO U GU621 A CW 1002 5LO 9262264 04 7 TP TR COPR A 1A 44 SCHEDULE OF NAMED INSUREDS ZURICH AMERICAN INSURANCE COMPAL AMERICAN FENCE CO. INC MERICAN FENCE CO. INC MERICAN FENCE COMPANY OF IOWA LMV INC. DBA AMERICAN FENCE CO OF SOUTH DAKOTA MERICAN FENCE COMPANY OF LINCOLN INC. LCB INC. DBA AMERICAN FENCE OF WESTERN NEBRASKA ODD J. LAVIGNE EC ACCOMODATOR LXII LC 0705 s. 147TH ST. LLC 2012 CAREY CIRCLE LLC ORTHERN PROPERTIES LDB INC. DBA AMERIFENCE CORPORATION MERICAN FENCE MANUFACTURING CO Agent Copy | 2 |
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INST. MENT PREMIUM SCHEDULE The total premium shown in the Declarations of this policy is made payable in installments on the dates and in the amount shown below NAMED INSURED POLICY NUMBER AMERICAN FENCE CO. INC GLO 9262264 04 PAYMENT STANDARD DUE PREMIUM 091911 77 7768. 101911 9. 2589. 111911 589 2589. 121811 2589. 011912. 2589. 021912. 2589. 031912. 2589 041912. 2589. 051912. 2589. 061912. 2589 TOTAL 31069 31069 Failure to pay the Installment Premium by the Date Due shown shall constitute non payment of premium for which we may cancel this policy. U GU406 A 0794 PAGE 1 OF 1 AYMENT UE 91911 01811 11811 21911 11912 21912 31912 11812 51812 61912 OTAL n o mw w o ow B P R R R TOTAL PREMIUM 7768.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 2589.00 31069.00 Agent Copy | 2 |
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Z Knowledge by Position or Department ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol Eff. Date of End I Producer No. Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Business Auto Coverage Part Commercial General Liability Coverage Part Liquor Liability Coverage Part Products Completed Operations Liability Coverage Part Railroad Protective Liability Coverage Part SCHEDULE COMPANY MANAGER Position cr Department The following Condition is added Knowledge By Your Employee 1. Knowledge of an accident occurrence offense injury claim suit or foss by your employee will not in and of itself be considered your knowledge of the accident occurrence offense injury claim suit or loss unless an employee who a. Holds a position or b. Is amember of a department. shown in the Schedule of this endorsement receives such knowledge. 2. This endorsement does not apply unless the Schedule of this endorsement indicates at least one Position or Department. Al other terms and conditions of this policy remain unchanged. U GU1016 A CW 06 10 Page 10f 1 Includes copyrighted materlal of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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IL 00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A 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 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. Isresponsible for the payment of all premiums and 2. Will 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. Page 10f1 O Copyright Insurance Services Office Inc. 1998 Agent Copy 1L 00 17 11 98 | 2 |
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1L00 21 05 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART 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 C. Under any Liability Coverage to bodily injury A Under any Liability Coverage to bodily injury or property damage B 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 Association Mutual Atomic Energy Liability Underwrit 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 ypon 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 The bodily injury or property damage 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 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 uclear facility and any prop erty 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 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 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 prop erty thereat. 2. As used in this endorsement 2 3 Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Page 1 0f 2 m ISO Properties Inc. 2001 IL 00 21 05 02 Agent Copy | 2 |
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 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. 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 Page 2 of 2 ISO Properties Inc. 2001 IL 00 21 0502 Agent Copy | 2 |
1L 0259 09 07 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 6 Certification to the Director of Insurance of our loss of reinsurance which pro vided coverage to us for all or a sub stantial part of the underlying risk in Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect a. 60 Days Or Less sured or If this policy has been in effect for 60 days 7 The determination by the Director of In or less we may cancel this policy for any surance that the continuation of the pol reason icy could place us in violation of the Ne b. More Than 60 Days braska Insurance Laws. If this policy has been in effect for more c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stat ing the reasons for cancellation at least 1. 10 days before the effective date of can cellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of can cellation if we cancel for any other rea son. than 60 days or if this is a renewal of a pol icy we issued we may cancel this policy only for one or more of the following rea sons 1 Nonpayment of premium 2 The policy was obtained through mate rial misrepresentation 3 Any insured has submitted a fraudulent claim 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. 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substan tially increased Page 1 of 2 s ISO Properties Inc. 2006 Agent Copy 1L02 5909 07 | 2 |
B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provi sions 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 In sured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mail ing 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. Page 2 of 2 SO Properties Inc. 2006 Agent Copy IL 02 59 09 07 u | 2 |
IL 00 03 08 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM 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 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 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added The premium shown in the Declarations was computed based on rates in effect at the time the policy was is sued. On each renewal continuation or anniversary of the effective date of this policy we WJH computethe premium in accordance with our rates and rules then in effect. Page 1 of 1 m ISO Properties Inc. 2006 Agent Copy 1L00 03 08 07 | 2 |
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Employee Benefits Liability Occurrence Coverage Form This Coverage Form provides occurrence 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 Declara tions. The words we us and ourrefer to the Company providing this insurance. Other words and phrases that appear in quotes have special meaning. Refer to the Definitions Section. Section I. Coverage Employee Benefit Liability 1. Insuring Agreement A. Bodily injury. property damage or personal A. We will pay those sums that the insured becomes and advertising injury legally obligated to pay as damages bccamse of any B. Anyclaim or suit arising out of any dishon act error or omission of the insured in the ad est. fraudulent criminal or malicious act ministration of the insured employee benefit o. programs. We will have the right and duty to de C. 1.ny Clalm or sun arising out of discrimina fend the insured against any suit seeking those tion or humiliation damages. However we will have no duty to defend D. Anyclaim or suit arising out of an insurer s the insured against anysuit seeking damages for or other provider s failure to perform its con any act error or omission for which this insurance tract does not apply We may at oxr dtscrellon investl E. Any claim or suit arising out of your failure gate any claim and settle any suit that may result. o but to comply with any workers compensation un o employment insurance social security or dis 1. The amount we pay for damages is limited as ability benefits law described in Section I1. Limits of Insurance of i. f F. Any claim or suit arising out of the failure of this Coverage Part and i ol any of your employee benefit plans to meel 2. Our right and duty to defend ends when we ny of ployee benelit pia N R obligations due to insufficient funds have used up the applicable limit of insurance X i o in the payment of judgments or settlements un G. Anyclaim or suit arising out of der this Employee Benefit Liability coverage. a. Advice given to any person to participate No other obligation or liability to pay sums or per or not participate in a plan or program in form acts or services is covered unless explicitly cluded in employee benefit programs provided for under Supplementary Payments of this b. The appointment of or failure to appoint Coverage Part. any investment manager administrator This insurance applies to an act error or omission trustee actuary advisor counsel account only if ant custodian or consultant 1. The act error or omission takes place in the Any investment activity including the man coverage territory agement administration or disposition of 2. The insured had no knowledge of and could assets of your employee benefit pro not have reasonably foreseen any circum grams or stances whi i i aim or suit.. ces which might result in a claim or suif d. Failure of any investment to perform as represented by any insured. 3. The act error or omission occurs during the.. H. Any claim or suit arising out of an Insureds policy period. 2. Exclusions This insurance does not apply to any liability as a fiduciary under Bodily injury property damage or personal and advertising injury Any claim or suit arising out of any dishon est fraudulent criminal or malicious act Any claim or suit arising out of discrimina tion or humiliation Any claim or suit arising out of an insurer s or other provider s failure to perform its con tract Any claim or suit arising out of your failure to comply with any workers compensation un employment insurance social security or dis ability benefits law Any claim or suit arising out of the failure of any of your employee benefit plans to meet obligations due to insufficient funds Any claim or suit arising out of a. Advice given to any person to participate or not participate in a plan or program in cluded in employee benefit programs b. The appointment of or failure to appoint any investment manager administrator trustee actuary advisor counsel account ant custodian or consultant Anyinvestment activity including the man agement administration or disposition of assets of your employee benefit pro grams or d. Failure of any investment to perform as represented by any insured. Any claim or suit arising out of an Insured s liability as a fiduciary under U GL851 B CW 604 Page 10f4 Agent Copy | 2 |
3. a. The Employe. ctirement Income Secu rity Act of 1974 PL93 406 and its amendments or b. The Internal Revenue Code of 1986 in cluding the Internal Revenue Code of 1954 and its amendments. Supplementary Payments We will pay in addition to the applicable Limits of Insurance with respect to any claim we investigate or settle or suit we defend A. All expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the full amount of any judgment which accrues after entry of the judg ment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the limit of our liability. B. Premiums on appeal bonds required and on bonds to release attachments in any suit. We do not have to furnish these bonds. C. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day be cause of time off from work. D. 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. II. Limits of Insurance A. The Limits of Insurance shown in the Declarations and the rules below establish the most we will pay regardless of the number of 1 Insureds 2 Claims made or suits brought or 3 Employees or dependents or beneficiaries of employees making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages because of all claims or suits arising from the administration of your employee benefit programs during the policy period. Subject to the Aggregate Limit provisions in B. above the Each Act Error or Omission Limit is the most we will pay for all damages sustained by any one employee including the employee s de pendents and beneficiaries because of acts errors or omissions committed in the administration of your employee benefit programs. The limits of this Coverage Part apply separately to each consecutive annual period and to any remain ing pe... of less than 12 months starting with the beginning of the policy period shown in the Decla rations unless the policy period is extended after is suance 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 pur poses of determining the Limits of Insurance. HI. Conditions A. Bankruptey Bankruptcy or insolvency of the insured or the in sured s estate will not relieve us of our obligations. Duties in the Event of an Act Error Omission Claim or Suit 1 Regardless of whether the loss exceeds any ap plicable deductible amount you must see to it that we are notified as soon as practicable of any act error or omission which may result in a claim. To the extent possible notice should include a. How when and where the act error or omission took place b. The names and addresses of any injured employee dependents or beneficiaries of any employee and witnesses 2 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 as soon as practicable. You must see to it that we receive written no tice of the claim as soon as practicable. You and any other invelved insured must O a. Immediately send us copies of any de mands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information Cooperate with us in the investigation set tlement or defense of the claim or 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 injury to which this in surance may also apply. 4 No insureds will except at their own cost vol untarily make a payment assume any obliga tion or incur any expense without our consent. C. Legal Action Against Us U GL851 B CW 604 Page 20f 4 Agent Copy | 2 |
E. No person or organization has a1.. 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 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 obtained after an actual trial 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. Other Insurance 1 This Coverage Part js primary insurance ex cept when stated to apply in excess of or con tingent upon the absence of other insurance. When this insurance is primary and the insured has other insurance which applies to the loss on an excess or contingent basis the amount of our liability under this Coverage Part shall not be reduced because of such other insurance. When both this insurance and other insurance apply to the loss on the same basis whether primary. excess or contingent we shall not be liable for a greater proportion of the loss than that stated in the applicable contribution provi sion below a. Contribution by Equal Shares If all of the other insurance permits contri bution by equal shares we will follow this inethod 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. b. Contribution by Limits If any of the other insurance does not per mit 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 insur ers. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies 1 As if each Named Insured were the only Named Insured and 2 Separately to each insured against whom claim is made or suit is brought. F. Transfer Of Righ. of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. IV. Definitions A B. C. D. E. F. 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 1 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. Administration means 1 Counseling employees including their de pendents and beneficiaries with respect to employee benefit programs Handling records in connection with employee benefit programs or 2 3 Effecting or terminating an employee s par ticipation in a plan included in employee benefit programs. Bodily injury means bodily injury sickness or dis ease sustained by a person including death result ing from any of these at any time. Coverage territory means 1 The United States of America including its territories and possessions Puerto Rico and Canada or 2 All parts of the world if the insured s respon sibility to pay damages is determined in a suit on the merits in the territory described in D. 1 above or in a settlement to which we agree. Employee means Your officers and employees whether actively em ployed disabled or retired. Employee benefit programs mean Group life insurance group accident or health in surance profit sharing plans pension plans em ployee stock subscription plans workers compensa tion unemployment insurance salary continuation U GL851 B CW 604 Page 30f4 Agent Gopy | 2 |
plans social security d. ility benefits insurance savings plans vacation plans or any other similar plans or programs. Insured means You and any of your partners executive officers di rectors members stockholders or employees pro vided such employee is authorized to act in the administration of your employee benefit pro grams. Personal and advertising injury means Injury including consequential bodily injury aris ing out of one or more of the following offenses a False arrest detention or imprisonment Malicious prosecution 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies by or on behalf of its owner landlord or lessor 4 Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services or 5 Oral or written publication in any manner of material that violates a person s right of pri vacy 6 The use of another s advertising idea in your advertisement or 7 Inti. ang upon another s copyright trade dress or slogan in your advertisement. Property damage means 1 Physical injury to tangible property including all resulting loss of use of that property. 2 Loss of use of tangible property that is not physically injured. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from computer software including systems and applications soft ware hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Suit means A civil proceeding in which damages to which this insurance applies is alleged. Suit includes 1 An arbitration proceeding in which such dam ages are claimed and to which you must submit or do submit with our consent or 2 Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which you submit with our copsent. U GL851 B CW 604 Page 40f4 Agent Copy | 2 |
Fellow Employee Coverage Endorsement Addl. Prem Producer Policy No. EfT.Datc of Pol. Exp. Date of Pol. Eft. Date of Eng THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part 1. Itis agreed that paragraph 2. a. 1 of SECTION II WHO IS AN INSURED is deleted and replaced by the following 1 Bodily injury or personal and advertising injury 2 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 b 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 1 a above or c Arising out of his or her i roviding or failing to provide professional health care services. U GL9IS C CW 804 Pagel of 1 Includes copyrightsd material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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Silica or Silica Mixed Dust Exclusion Eff. Date of End Producer Add1. Prem Eff. Date of Pol. Exp. Date of Pol THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part The following additional exclusion is added to 2. Exclusions of Section I. Coverages 2. Exclusions This insurance does not apply to Silica or Silica Mixed Dust A. Bodily injury property damage or personal and advertising injury caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of sil ica by any insured or by any other person or entity. C. For the purposes of this exclusion the following definition applies Silica means 1 Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or sil ica mixed or combined with dust or other particles or 2 Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U GL923 B CW 604 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with ts permission Agent Copy | 2 |
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Waiver Of Subrogation Blanket Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Efl. Date of End. Add Prem 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement which is.executed before a loss to waive your rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U GL925 B CW 1201 Pagel of Agent Copy | 2 |
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EMPLOYEE BENEFIT LIABILITY COVERAGE PART OCCURRENCE DECLARATIONS Policy Number GLO 9262264 04 Named Insured AMERICAN FENCE CO. INC 09 19 2011 at120tAM Coverageends 09 19 2012 at1201AM Policy Period Coverage begins 09 19 2011 Producer Name LOCKTON COMPANIES LLC Producer No. 28832 000 Item 1. Limits of Insurance 2000000 Aggregate Limit 1000000 Each Act Error or Omission Limit Item 2. Form of Business Individual Partnership Joint Venture X Corporation Other Item 3. Premium Schedule Code No. Premium Basis Rate Advance Premium Estimated Number of Employees Per Employee INCL Flat Charge Total Advance Premium For This Coverage Part INCL Audit Period X Annual Semi annual Quarterly Monthly Forms And Endorsements Applicable To This Coverage Part SEE SCHEDULE OF FORMS AND ENDORSEMENTS Joint Venture X Corporation U GL D851 B CW 904 Page of Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9262264 04 ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Policy Period Coverage begins 09 19 2011 at1201AM Coverageends 09 19 2012 at1201AM Producer Name LOCKTON COMPANIES LLC Producer No. 28832 000 Item 1. Business Description Item 2. Limits of Insurance GENERAL AGGREGATE LIMIT 2000000 PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT 2000000 EACH OCCURRENCE LIMIT 1000000 DAMAGE TO PREMISES. RENTED TO YOU LIMIT 300000 Any one premises MEDICAL EXPENSE LIMIT 10000 Any one person PERSONAL AND ADVERTISING INJURY LIMIT 1000000 Anyone person or organization Item 3. Retroactive Date CG 00 02 ONLY This insurance does not apply to bodily injury property damage or personal and advertising injury offense which occurs before the Retroactive Date if any shown here NONE Enter Date o None if no Retroactive Date applies Item 4. Form of Business and Location Premises Form of Business CORPORATION Location of All Premises You Own Rent or Occupy See Schedule of Locations Item 5. Schedule of Forms and Endorsements Forms and Endorsements made a part of this Policy at time of issue See Schedule of Forms and Endorsements ftem 6. Premiums Coverage Part Premium 31069.00 Other Premium 31069.00 Total Premium COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number GLO 9262264 04 ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Policy Period Coverage begins 09 19 2011 at1201AM Coverageends 09 19 2012 at1201AM 000000 000000 Any one premises Any one person Any one person or organization ENERAL AGGREGATE LIMIT ACH OCCURRENCE LIMIT DAMAGE TO PREMISES RENTED TO YOU LIMIT MEDICAL EXPENSE LIMIT ERSONAL AND ADVERTISING INJURY LIMIT 10000 3000 100 10000 U GL D1115 B CW 904 Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY CG 00011207 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named nsured 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 It Who Is An in sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages be cause 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 in vestigate 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 Hi Limits Of Insurance and Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages Aand 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 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such alisted insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2 c. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1. of Section H 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. d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1. of Section Il Who Is An In sured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer 2 Receives a written or verbal demand or claim for damages because of the bodily in jury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. Page 1 of 16 m CG 00011207 IS0 Properties Inc. 2006 Agent Copy | 0 |
c. Liguor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemploy ment compensation law or any similar law. e. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of. a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capac ity 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 as sumed by the insured under an insured con tract. e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by rea son 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 acontract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute reso lution proceeding in which damages to which this insurance applies are alleged. Page 2 of 16 180 Properties Inc. 2006 Agent Copy CG00011207 O | 1 |
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 op erations by such insured contractor or subcontractor. However this subpara graph does not apply to i Bodily injury or property damage arising out of the escape of fuels lu bricants or other operating fluids which are needed to perform the normal electrical hydraulic or me chanical functions necessary for the operation of mobile equipment or its parts if such fuels 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 re lease of the fuels lubricants or other operating fluids or if such fuels lu bricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being per formed by such insured contractor or subcontractor i Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connec tion with operations being performed by you or on your behalf by a con tractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e At or from any premises site or Jocation 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 re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants. f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants a At or from any premises site or location b c which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to i Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests i Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or.location has been added to your pol icy as an additional insured with re spect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any in sured other than that additional in sured or i Bodily injury or property demage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the han dling storage disposal processing or treatment of waste Which are or were at any time ftrans ported handled stored treated dis posed of or processed as waste by or for i Any insured or iiy Any person or organization for whom you may be legally responsi ble or Page 3 of 16 o IS0 Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
5 Bodlly injury or property damage arising out of a The operation of machinery or equip ment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li censed or principally garaged or the operation of any of the machinery or equipment listed in Paragraph f2 or.3 of the definition of mobile equip ment h. Mobile Equipment Bodily injury or property damage arising out of b 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. i. War. Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. j. Damage To Property Property damage to 1 Property you own rent or occupy includ ing any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement res toration or maintenance of such property for any reason including prevention of in jury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 2 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up re move contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a gov ernmental authority for damages be cause of testing for monitoring clean ing 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 govern mental authority. g. Aircraft Auto Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring em ployment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage in volved the ownership maintenance use or en trustment to others of any aircraft auto or wa tercraft 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 Awatercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft or Page 4 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 a | 1 |
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 in tended 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 replace ment adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to ac cess or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. Distribution Of Material In Violation Of Statutes Bodily. injury or property damage arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such faw or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. 5 That particular part of real property on which you or any contractors or subcon tractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the con tents of such premises rented to you for a pe riod of 7 or fewer consecutive days. A separale limit of insurance applies to Damage To Prem ises Rented To You as described in Section If Limits Of nsurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclu sion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. 8. Damage To Your Product Property damage to your iroduct arising out of itior 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 prod ucts 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 sub contractor. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or danger ous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Page 5 of 16 n 13S0 Properties Inc. 2008 Agent Copy CG 00011207 | 1 |
c. Material Published Prior To Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the begin ning of the policy period. d. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to li ability for damages that the insured would have in the absence of the contract or agreement. f. 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 ad vertisement. g. Quality Or Performance Of Goods Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or per formance made in your advertisement. h. Wrong Description Of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertise ment. i. Infringement Of Copyright Patent Trademark Or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trade mark trade secret or other intellectual property rights. Under this exclusion such other intel lectual property rights do not include the use of ancther s advertising idea in your advertise ment However this exclusion does not apply to in fringement in your advertisement of copy right trade dress or slogan. j. Insureds In Media And Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or Exclusions. through n. do not apply to damage by fire to premises while rented to you or tempo rarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section IIf Limits Of In surance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be comes legally obligated to pay as damages be cause 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 injuryto which this insurance does not apply. We may at our discretion investi gate 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 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B or medi cal expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages Aand B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Knowing Violation Of Rights Of Another Personal and advertising injury caused by or at the direction of the insured with the knowl edge that the act would violate the rights of an other and would inflict personal and advertis ing injury.. b. Material Published With Knowledge Of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowl edge of its falsity. 2 Page 6 of 16 ISO Properties Inc. 2006 Agent Copy CG 00011207 a | 1 |
m. 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Sec tion. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertis ing broadcasting publishing or telecasting. Electronic Chatrooms Or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the in sured hosts owns or over which the insured exercises control.. Unauthorized Use Of Another s Name Or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mis lead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dis persal seepage migration release or escape of pollutants at any time.. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up remov ing containing treating detoxifying or neu tralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these. p. Distribution Of Material In Violation Of Statutes Personal and advertising injury arising 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 or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an accident 1 On premises you own or rent 2. On ways next to premises you own or rent or 3 Because of your operations provided that a The accident takes place in the cover age territory and during the policy pe riod b The expenses are incurred and reported to us within one year of the date of the accident and The injured person submits to examina tion at our expense by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the appli cable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an acci dent 2 Necessary medical surgical x ray and dental services including prosthetic de vices and 3 Necessary ambulance hospital profes sional nursing and funeral services. c Page 7 of 16 o ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
f. 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. g. 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. These payments will not reduce the fimits of insur ance.. If we defend an insured against. a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the i ability of the indemnitee in a contract or agree ment that is an insured contract 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 as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the in demnitee e. The indemnitee and the insured ask us to con duct and control the defense of that indemnitee against such suit and agree that we can as sign 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 de mands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coor dinating other applicable insurance avail able to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b c 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. b. Hired Person To aperson 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 oc cupies. d. Workers Compensation And Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a work ers compensation or disability benefits law or a similar law. e. Athlefics Activities To a person injured while practicing instruct ing or participating in any physical exercises or games sports or athletic contests. f. Products Completed Operations Hazard Included within the products completed opera tions hazard. g. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay wnh respect to any claim we investi gate or settle or any suit against an insured we defend a. All expenses we incur. b. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. Page 8 of 16 1S0 Properties Inc. 2006 Agent Copy CG 00011207 o | 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 ex ecutive officers if you are an organization other than a partnership joint venture or lim ited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these em ployees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited li ability company to a coemployee while in the course of his or her em ployment or performing duties related to the conduct of your business or to your other volunteer workers while perform ing duties related to the conduct of your business b 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 Paragraphs 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 con trol of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any mem ber if you are a limited liability company. c d b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of thatin demnitee 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 Cov erage A Bodily Injury And Property Damage Li ability such payments will not be deemed to be damages for bodily injuryand 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 litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insur eds but only with respect to the conduct of a business of which you are the sole owner. b..A partnership or joint venture you are an in sured. Your members your partners and their spouses are also insureds but only with re spect to the conduct of your business. c. Alimited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their du ties as your officers or directors. Your stock holders are also insureds but only with respect to their liability as stockholders. e. A frust you are an insured. Your trustees are also insureds but only with respect to their du ties as trustees. Page 9 of 16 u IS0 Properties Inc. 2006 fgent Copy CG 00011207 | 1 |
b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and L 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representa tive will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named 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 Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 2. The General Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C b. Damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and c. Damages under Coverage B. 3. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed op erations hazard. 4. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all damages be cause of all personal and advertising injury sus tained by any one person or organization. 5. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property dam age arising out of any one occurrence. 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of property damage to any one premises while rented to you or in the case of damage by fire while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above the Medical Ex pense Limit is the most we will pay under Cover age C for all medical expenses because of body injury sustained by any one person The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obliga tions under this Coverage Part. 2. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent pos sible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and ions ought or s making claims or Page 10 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practicable.. You and any other involved insured must 1 Immediately send us copies of any de mands 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 en forcement 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 ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Cover ages Aor B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when Para graph b. below applies. If this insurance is pri mary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in Paragraph c. be low. b. Excess Insurance 1 This insurance is excess over a Any of the other insurance whether primary excess contingent or on any other basis i That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work i That is Fire insurance for premises rented to you or temporarily occu pied by you with permission of the owner i That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occu pied by you with permission of the owner or If the loss arises out of the mainte nance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section Coverage A Bodily Injury And Property Dam age 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 addi tional insured by attachment of an en dorsement. 2 When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer de fends we will undertake to do so but we will be entited to the insured s rights against all those other insurers. iv Page 11 of 16 o IS0 Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
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 in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 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 in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or ser vices for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other and vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law in the state where itis licensed or principally garaged. However auto does not include mobile equip ment. 3 When this insurance is excess over other insurance we will pay only our share of the amount of the loss if any that exceeds the sum of a The total amount that all such other insurance would pay for the loss in the absence of this insurance and b The total of all deductible and self insured amounts under all that other in surance. 4 We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Decla rations of this Coverage Part. c. 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 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 fimits of in surance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 6. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representa tions you made to us and Page 12 of 16 IS0 Properties Inc. 2006 Agent Copy CG 00011207 o | 1 |
3. Bodily injury means bodily injury sickness or disease sustained by a person including death re sulting from any of these at any time. 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 Paragraph a. above or c. All other parts of the world if the injury or dam age arises out of 1 Goods or products made or sold by you in the fterritory described in Paragraph a. above 2 The activities of a person whose home is in the fterritory described in Paragraph a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Infernet or simi lar electronic means of communication provided the insured s responsibility to pay dam ages is determined in a suit on the merits in the territory described in Paragraph a. above or in a settlement we agree to. 5. Employee includes a leased worker. Employee does not include a temporary worker 6. Executive officer means a person halding any of the officer positions created by your charter con stitution by laws or any other similar governing document.. 7. Hostile fire means one which becomes uncontrol lable or breaks out from where it was intended to be 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfiling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with per mission of the owner is not an insured con tract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bedily 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 agree ment. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bedily injury or property damage arising out of con struction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in 2 above and supervisory inspection ar chitectural or engineering activities. o 2 Page 13 of 16 o ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
10. 1 y 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 refated 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 b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered 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 at tached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached ma chinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not main tained primarily to provide mobility to perma nently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equip ment such as graders scrapers or rollers. Vehicles not described in Paragraph a b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting. and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. 13. 14 However seff propelled vehicles with the fol lowing types of permanently attached equip ment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsery or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occu pancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright dress or slogan in your advertisement. trade IS0 Properties Inc. 2006 Agent Copy Page 14 of 16 CG 00011207 n | 1 |
15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled re conditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property dam age occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical pes session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured 2 The existence of tools uninstalled equip ment or abandoned or unused materials or 3 Products or operations for which the classi fication fisted in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 17. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means in formation facts or programs stored as or on cre ated or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 18. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent. 19. Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. 20. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 21. Your product. a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or A person. or organization whose busi ness or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your prod uct and Page 15 of 16 o ISO Properties Inc. 2006 Agent Copy CG 00011207 | 1 |
2 The providing of or failure to provide warn ings or instructions. c. Dees not include vending machines or other property rented to or located for the use of oth ers but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or eguipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. Page 16 of 16 ISO Properties Inc. 2006 Agent Copy CG 00011207 m | 1 |
Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A.M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 COMPOSITE RATE UNIT OF EXPOSURE This endorsement modifies insurance provided under the Premium and Reports Agreement Composite Rated Policies Endorsement Condition 5 Premium Audit e. 4 UNIT OF EXPOSURE OTHER is defined as Receipts or Payroll from Residential Buildings. For the purposes of computing the earned premium for the policy period a Residential Building shall mean 1. Ang single family dwelling including but not limited to houses town homes or townhouses or 2. Any multi family dwelling including but not limited to condominiums cooperatives duplexes triplexes or fourplexes or 3. Any other structure or improvement which is attached to or ancillary to any structure identified in 1 or 2 above or 4. Any other structure or improvement which is attached to or ancillary to any structure identified in 1 2 or 3 above constructed reconstructed remodeled or repaired with the intent that title to each individual dwelling or dwelling unit will be transferred separately to each owner. Not withstanding the above residential building does not include a any structure that functions as apartments time shares a hotel a motel a nursing home an assisted living senior housing care facility a colege campus dormitory or government housing on military bases. U GL1114 A CW 1002 Agent Copy GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY AMERICAN FENCE CO. INC T P a eceipts or Payroll from Residential Buildings. or the purposes of computing the earned premium for the policy eriod a Residential Building shall mean B Ang single family dwelling including but not limited to houses own homesor townhouses or Any multi family dwelling including but not limited to ondominiums cooperatives duplexes triplexes or fourplexes or. An other structure or improvement which is attached to or ncillary to any structure identified in 1 or 2 above or. An other structure or improvement which is attached to or ncillary to any structure identified in 1 2 or 3 above onstructed reconstructed remodeled or repaired with the intent hat title to each individual dwelling or dwelling unit will be ransferred separately to each owner. ot withstanding the above residential building does not include ny structure that functions as apartments time shares a hotel a otel a nursing home an assisted living senior housing care acility a college campus dormitory or government housing on ilitary bases. Agent Copy | 2 |
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Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 A M. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 GOVERNMENTAL IMMUNITIES NAME OF PERSON OR ORGANIZATION MIRON CONSTRUCTION CO. INC. 9440 ATLANTIC DR. SW SUITE 3 CEDAR RAPIDS IA 52405 REGARDING JOB FOR CITY OF DES MOINES IOWA THE FOLLOWING ADDITIONAL POLICY PROVISICONS APPLY ONLY AS RESPECTS INCLUSION OF MIRON CONSTRUCTION CO. INC. SHOWN IN THE SCHEDULE ABOVE AS AN ADDITIONAL INSURED ON THIS POLICY 1. NON WAIVER OF GOVERNMENT IMMUNITY. WE EXPRESSLY AGREE AND STATE THAT THE PURCHASE OF THIS POLICY AND OUR INCLUSION OF THE MIRON CONSTRUCTION CO. INC. AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO MIRON CONSTRUCTION CO. INC. UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 2. CLAIMS COVERAGE. WE AGREE THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 3. ASSERTION OF GOVERNMENT IMMUNITY. THE MIRON CONSTRUCTION CO. INC. SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY MAY DO 80 AT ANY TIME AND SHALL DO SO UPON OUR TIMELY WRITTEN REQUEST THAT THE CITY ASSERT SUCH DEFENSE. NOTHING CONTAINED IN THIS ENDORSEMENT SHALL PREVENT US FROM ASSERTING THE DEFENSE OF GOVERNMENTAL IMMUNITY ON BEHALF OF THE MIRON CONSTRUCTION CO. INC. 4. NON DENIAL OF COVERAGE. WE SHALL NOT DENY COVERAGE UNDER THIS POLICY AND SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE MIRON CONSTRUCTION CO. INC. UNDER THIS POLICY FOR REASONS OF GOVERNMENT IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE S OF GOVERNMENTAL IMMUNITY ASSERTED BY MIRON CONSTRUCTION CO. INC. 5. NO OTHER CHANGE IN POLICY. WE AND THE MIRON CONSTRUCTION CO. INC. AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. U GL1114 A CW 1002 Agent Copy GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY CAN FENCE CO. INC MWV LAARSALAL LAV L L AaV NIZATION INC. JITE 3 A. POLICY PROVISIONS APPLY ONLY AS RESPECTS RUCTION CO. INC. SHOWN IN THE SCHEDULE INSURED ON THIS POLICY 0 UPON Agent Copy | 2 |
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Policy wumber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 AM Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 GOVERNMENT IMMUNITES NAME OF PERSON OR ORGANIZATION CITY OF CENTER POINT IA 200 FRANKLIN ST. CENTER POINT IA 52213 RE IOWA STREET RECONSTRUCTION A. NON WAIVER OF GOVERNMENT IMMUNITY. THE INSURANCE CARRIER EXPRESSLY AGREES AND THE STATE THAT THE PURCHASE OF THIS POLICY AND INCLUDING THE CITY OF CENTER POINT IA AS AND ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSE OF GOVERNMENTAL IMMUNITY AVAILABLE TO THE. OWNER UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. B. CLAIMS COVERAGE. THE INSURANCE CARRIER FURTHER AGREES THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. C. ASSERTION OF GOVERNMENT IMMUNITY. THE OWNER SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY MAY DO SO AT ANY TIME AND SHALL DO SO UPON OUR TIMELY WRITTEN REQUEST THAT THE CITY ASSERT SUCH DEFENSE. NOTHING CONTAINED IN THIS ENDORSEMENT SHALL PREVENT US FROM ASSERTING THE DEFENSE OF GOVERNMENTAL IMMUNITY ON BEHALF OF THE OWNER. D. NON DENIAL OF COVERAGE. THE INSURANCE CARRIER SHALL NOT DENY COVERAGE OR DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE OWNER UNDER THIS POLICY FOR REASONS OF GOVERNMENT IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE S OF GOVERNMENTAL IMMUNITY ASSERTED BY OWNER. E. NO OTHER CHANGE IN POLICY. THE INSURANCE CARRIER AND THE OWNER AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. NOTE THIS ENDORSEMENT IS INTENDED FOR ATTACHMENT TC THE CONTRACTOR S INSURANCE POLICY AND CERTIFICATE OF INSURANCE. U GL1114 A CW 1002 Agent Copy L L re g GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY AMERICAN FENCE CO. INC WV SRS L AARVATL A A NIZATION A RUCTION MENT IMMUNITY. THE INSURANCE CARRIER T STATE THAT THE PURCHASE OF THIS POLICY AND INTER POINT IA AS AND ADDITIONAL INSURED E DEFENSE OF GOVERNMENTAL IMMUNITY JNDER THE CODE OF IOWA SECTION 70.4 IT MAY BE AMENDED FROM TIME TO TIME. INSURANCE CARRIER FURTHER AGREES THAT SHALL COVER ONLY THOSE CLAIMS NOT OF GOVERNMENTAL IMMUNITY UNDER THE.4 AS IT NOW EXISTS AND AS IT MAY TIME. i iNT IMMUNITY. THE OWNER SHALL BE RESPONSIBLE SE OF GOVERNMENTAL IMMUNITY MAY DO SO AT ANY ON OUR TIMELY WRITTEN REQUEST THAT THE CITY HING CONTAINED IN THIS ENDORSEMENT SHALL IG THE DEFENSE OF GOVERNMENTAL IMMUNITY ON 3E. THE INSURANCE CARRIER SHALL NOT DENY THE RIGHTS AND BENEFITS ACCRUING TO THE. NO OTHER CHANGE IN POLICY. THE INSURANCE CARRIER AND THE OWNER GREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL OT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE NDER THE POLICY. OTE THIS ENDORSEMENT IS INTENDED FOR ATTACHMENT TO THE ONTRACTOR S INSURANCE POLICY AND CERTIFICATE OF INSURANCE. Agent Copy | 2 |
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Policy.. umber GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY Named Insured AMERICAN FENCE CO. INC Effective Date 09 19 11 1201 AM. Standard Time Agent Name LOCKTON COMPANIES LLC Agent No. 28832 000 GOVERNMENTAL IMMUNITIES NAME OF PERSON OR ORGANIZATION MIRON CONSTRUCTION CO. INC. 9440 ATLANTIC DR. SW SUITE 3 CEDAR RAPIDS IA 52405 REGARDING JOB FOR DUBUQUE WPCP MODIFICATION DUBUQUE IA PROJECT 103400 THE FOLLOWING ADDITIONAL POLICY PROVISIONS APPLY ONLY AS RESPECTS INCLUSION OF MIRON CONSTRUCTION CO. INC. SHOWN IN THE SCHEDULE ABOVE AS AN ADDITIONAL INSURED ON THIS POLICY 1. NON WAIVER OF GOVERNMENT IMMUNITY. WE EXPRESSLY AGREE AND STATE THAT THE PURCHASE OF THIS POLICY AND OUR INCLUSION OF THE MIRON CONSTRUCTION CO. INC. AN ADDITIONAL INSURED DOES NOT WAIVE ANY OF THE DEFENSES OF GOVERNMENTAL IMMUNITY AVAILABLE TO MIRON CONSTRUCTION CO. INC. UNDER CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 2. CLAIMS COVERAGE. WE AGREE THAT THIS POLICY OF INSURANCE SHALL COVER ONLY THOSE CLAIMS NOT SUBJECT TO THE DEFENSE OF GOVERNMENTAL IMMUNITY UNDER THE CODE OF IOWA SECTION 670.4 AS IT NOW EXISTS AND AS IT MAY BE AMENDED FROM TIME TO TIME. 3. ASSERTION OF GOVERNMENT IMMUNITY. THE MIRON CONSTRUCTION CO. INC. SHALL BE RESPONSIBLE FOR ASSERTING ANY DEFENSE OF GOVERNMENTAL IMMUNITY MAY DO SO AT ANY TIME AND SHALL DO SO UPON OUR TIMELY WRITTEN REQUEST THAT THE CITY ASSERT SUCH DEFENSE. NOTHING CONTAINED IN THIS ENDORSEMENT SHALL PREVENT US FROM ASSERTING THE DEFENSE OF GOVERNMENTAL IMMUNITY ON BEHALF OF MIRON CONSTRUCTION CO. INC. 4. NON DENIAL OF COVERAGE. WE SHALL NOT DENY COVERAGE UNDER THIS POLICY AND SHALL NOT DENY ANY OF THE RIGHTS AND BENEFITS ACCRUING TO THE MIRON CONSTRUCTION CO. INC. UNDER THIS POLICY FOR REASONS OF GOVERNMENT IMMUNITY UNLESS AND UNTIL A COURT OF COMPETENT JURISDICTION HAS RULED IN FAVOR OF THE DEFENSE S OF GOVERNMENTAL IMMUNITY ASSERTED BY MIRON CONSTRUCTION CO. INC. 5. NO OTHER CHANGE IN POLICY. WE AND THE MIRON CONSTRUCTION CO. INC. AGREE THAT THE ABOVE PRESERVATION OF GOVERNMENTAL IMMUNITIES SHALL NOT OTHERWISE CHANGE OR ALTER THE COVERAGE AVAILABLE UNDER THE POLICY. U GL1114 A CW 1002 Agent Copy GLO 9262264 04 ENDORSEMENT ZURICH AMERICAN INSURANCE COMPANY AN FENCE CO. INC WUvLlNnanLind LENVSRLiihes. ORGANIZATION I CO. INC. SW SUITE 3 52405 ICATION TIONAL POLICY PROVISIONS APPLY ONLY AS RESPECTS I CONSTRUCTION CO. INC. SHOWN IN THE SCHEDULE TONAL INSURED ON THIS POLICY O FENSE. Agent Copy | 2 |
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Z CONTRACTORS LIABILITY ENDORSEMENT ZURICH Eff. Date of End. This endorsement modifies insurance provided under the following Commercial General Liability Coverage Part 1. Paragraph 2a of exclusion g. Aircraft Auto or Watercraft under 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability is amended to read as follows Less than 51 feet long and 2. The last paragraph of 2. Exclusions under Section I Coverage A Bodily Injury And Property Damage Liability is de leted and is replaced by the following Exclusions c. through n. do not apply to damage by specific perils 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 III Limits of Insurance. 3. Exclusion e. Contractual Liability of Coverage B Personal And Advertising Injury Liability is deleted and replaced by the following e. Contractual Liability Personal and advertising injury for which the msured has assumed liability in a contract or agreement. This exclu sion 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 written contract or agreement that is an insured contract provided the personal and advertising injury is caused by an offense which occurs subsequent to the execution of the contract or agreement. 4 Paragraph a. of 1. Insuring Agreement undr Coverage C Medical Payments is deleted and replaced by the following 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 three years of the date of the accident and The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. 5. Paragraph 1. b.. under Supplementary Payments Coverages A And B is deleted and replaced with the following b. 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 farnish these bonds. 6. The following is added to paragraph 2 of Section I Who Is An Insured. T 1060 CW 002009 pPeEsuot Byt s WA Rt as o TR A el e e U GL1060 D CW 09 2009 Page1 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
10. 11. e. Your subsiv.es and subsidiaries of your subsidiaries will.. 4ify as 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 fifty percent. Unless shown as a named insured in the Declarations coverage under this provision is afforded only until the 1800 day after the effective date of 1 Your first Commercial General Liability Coverage Part policy period with us or 2 Your first Commercial General Liability Coverage Part policy period with us after twelve or more months from the expiration of your last Commercial General Liability Coverage Part with us. Paragraph 3. a. of Section I Who Is An Insured is deleted and is replaced by the following a. Coverage under this provision if afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier The following last paragraph of Section I Who Is An Insured is deleted 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. The following is added to Section IT Who Is An Insured 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. However no person or organi zation is an insured with respect to the conduct of any a. Current partnership or joint venture that is not shown as a Named Insured in the Declarations or b. Current or past linited liability company that is not shown as a Named Insured in the Declarations. The insurance provided by this provision will not inure to the benefit of any party except you. Paragraph 6. of Section Il 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 spe cific perils while rented to you or temporarily occupied by you with permission of the owner. The following is added to paragraph 2. Duties In the Event of Occurrence Claim or Suit of Section IV Commercial General Liability Conditions e. Knowledge of an occurrence claim or suit by the agent servant or employee of an insured shall not in itself constitute your knowledge unless your officer manager or partner has received notice of the occurrence claim or suit. Failure by an agent servant or employee of an insured other than an officer manager or partner of an insured to notify us of an occurrence will not be considered a failure to comply with paragraph a. and b. above.. Paragraph b. 1 a ii of item 4. Other Insurance under Section IV Commercial General Liability Conditions is de leted and replaced with the following b That is building insurance for premises rented to you or temporarily occupied by you with permission of the owner U GL1060 D CW 092009 Page20f3 Includes copyrighted material of Insurance Serviees Office Inc. with its permission. Agent Copy | 2 |
13. The following is added to paragraph b. of 4. Other Insurance under Section IV Cu.. mercial General Liability Con ditions Any other insurance that is or was purchased to insure i Your participation in a partnership or joint venture which terminated or ended prior to the effective date of this policy or if A subsidiary not shown as a Named Insured to the extent such subsidiary is an insured as described in paragraph 2.e. of Section II Who Is An Insured. 14. The following is added to Section IV Commercial General Liability Conditions 10. Unintentional Errors and Omissions. Any unintentional error or omission in the description of or failure to completely describe any premises or opera tions intended to be covered by this Coverage Part will not invalidate or affect coverage for those premises or opera tions. However you must report such error or omission to us as soon as practicable after its discovery. 11. Two or More Coverage Forms or Policies Issued by Us If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same occurrence the maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy and only that limit shall apply to that occurrence. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. 15. Ttem 3. of Section V Definitions is deleted and replaced with the following 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. This includes mental anguish mental injury shock fright or death resulting from bodily injury sickness or disease. 16. 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 damages by specified perils to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract 17. The following is added to item 9.. of Section V Definitions. 4 That indemnifies a person or organization for personal and advertising injury a Arising out of advertising publishing broadcasting or telecasting done for you or on your behalf or b To an employee of such person or organization. 5 That part of any contract or agreement that indemnifies a labor leasing firm for bodily injury to leased workers 18. 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 an other entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Decla rations which terminated or ended prior to the effective date of this policy and 19. 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 or water damage. 24. Water damage means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. U GL1060 D CW 092009 Page3 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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Fungi Or Bacteria Exclusion Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl. Prem Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Comumercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section L. Coverage A Bodily Injury And Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Fungi or Bacteria A. Bodily injury property damage or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any L. Fungior bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. For the purposes of this exclusion the following definitions are added 1. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 2. Spores means reproductive bodies produced by or arising out of fungi. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. This exclusion does not apply to any fungior bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. hacteria. U GL171 AC W 0703 Pagel of Includes copyrighted material of Insurance Services Office Inc. with its permission Agent Copy | 2 |
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Z ZURICH Additional Insured Automatic Owners Lessees Or Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. EFf. Date of End Producer No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part A. Section Il Who Is An Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to bodily injury property damage or personal and advertising injury covered under Section Coverage A Bodily Injury And Property Damage Liability and Section Coverage B Personal And Advertising Injury Liability but only with respect to liability for bodily injury property damage or personal and advertising injury caused in whole or in part by 1. Your acts or omissions or 2. The acts or omissions of those acting on your behalf and resulting directly from your ongoing operations or your work as included in the products completed operations hazard which is the subject of the written contract or written agreement performed for the additional insured person or organization. C. However regardless of the provisions of Paragraphs A. and B. above 1. We will not extend any insurance coverage to any additional insured person or organization a. Thatis not provided to you in this policy or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of a. The Limits of Insurance provided to you in this policy or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to Bodily injury property damage or personal and advertising injury arising out of the rendering or failure to render any professional architectural engineering or surveying services including 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. E. The additional insured must see to it that 1. We are notified as soon as practicable of an occurrence or offense that may result in a claim 2. We receive written notice of a claim or suit as soon as practicable and person or organization U GL1175 C CW 0710 Page 10f2 Includes copyrighted material of insurance Services Office Inc. with its permission. Agent Copy | 2 |
A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non contributory. F. For the coverage provided by this endorsement 1. The following paragraph is added to Paragraph 4.a. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is primary insurance as respects our coverage to the additional insured person or organization where the written contract or written agreement requires that this insurance be primary and non contributory with respect to any other policy upon which the additional insured is a Named Insured. In that event we will not seek contribution from any other such insurance policy available to the additional insured on which the additional insured person or organization is a Named Insured. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV Commercial General Liability Conditions This insurance is excess over Any of the other insurance whether primary excess contingent or on any other basis available to an additional insured in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same occurrence offense claim or suit. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds and which endorsement applies specifically to that identified additional insured. All other terms and conditions of this policy remain unchanged. U GLA175 C CW 0710 Page 20f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
Z ZURICH Tllinois Exclusion of Waiver of Kotecki Cap Policy No. Eff. Dato of Pol. Exp. Date of Fol. Ef. DateofEnd. ProducerNo. Addl Prem Return Prem. Producer Named Insured Mailing Address THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement madifies insurance provided under the Commercial General Liability Coverage Part The following is added to paragraph f. of SECTION V DEFINITION 9. Insured Contract Paragraph f. does not include that part of any contract or agreement 4 That waives the liability limit afforded under the lllinois Workers Compensation Act. Signed by Authorized Representative Date U GL1267 A IL 05 2006 Page 10f 1 Agent Cony | 2 |
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Z ZURICH Limited Operations Coverage Work Excluded Under A Consolidated Wrap Up Insurance Program THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured AMERICAN FENCE CO. INC Address including ZIP Code 14803 FRONTIER RD OMAHA NE 68138 3920 This endorsement modifies insurance provided under the Commercial General Liability Coverage Part SCHEDULE SCHEDULE Description and Location of Operations ANY LOCATION WHERE THE INSURED HAS OR HAD OPERATIONS INSURED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM. THIS EXCLUSION DOES NOT APPLY TO ANY LOCATIONS THAT MAY BE DESCRIBED IN U GL1058 EXCESS COVERAGE FOR INSUREDS INTEREST IN SPECIFIED WRAP UP PROGRAMS If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. The following exclusion is added to paragraph 2. Exclusions of Coverage A Bodily Injury and Property Damage Liability Section Coverages This insurance does not apply to bodily injury or property damage arising out of either your ongoing opera tions or operations included within the products completed operations hazard at the location described in the SCHEDULE of this endorsement as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1. Provides coverage identical to that provided by this Coverage Part 2. Has limits adequate to cover all claims or 3. Remains in effect. B. The exclusion in A. above shall not apply to your ongoing operations at the location shown in the SCHEDULE for your service maintenance correction repair or replacement of the original work performed and insured under the consolidated wrap up insurance program. U GL1204 A CW 10 06 Page 10f 2 Agent Copy | 2 |
However this extension of coverage does not apply to damages because of bodily injury or property damage due to any service maintenance correction repair or replacement work 1. as respects the products completed operations hazard or 2. for which coverage is afforded under the consolidated wrap up insurance program. For the application of the coverage provided by this endorsement in paragraph B. above SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONSparagraph 4 Other Insurance is replaced by the following This insurance is excess over any other insurance whether primary excess contingent or on any other ba sis. If any other insurance responds or can respond to this loss we shall have the right but not the duty to defend any suit. 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 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2. The total of all deductible and self insured amounts under alf that other insurance. We will share the remaining loss if any with any other insurance that may apply and that was not bought specifically to apply in excess of the Limits of nsurance shown in the Declarations of this Coverage Part. Countersigned Authorized Representative U GL1294 A CW 1006 Page 20f 2 Agent Copy | 2 |
Z ZURICH Lead Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End Producer Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial General Liability Coverage Part The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Dam age Liability and Paragraph 2. Exclusions of Coverage B Personal And Advertising Injury Liability This insurance does not apply to Lead 1 Bodily injury property damage or personal and advertising injury arxsinguu of resulting from caused by or related to the actual alleged or threatened a Exposure to or existence of lead paint containing lead or any other material product or substance containing lead or b Manufacture distribution sale resale re branding installation repair removal encapsulation abatement replace ment or handling of lead paint containing lead or any other material product or substance containing lead whether the lead is or was at anytime airborne ingested inhaled absorbed transmitted in any fashion or found in any form whatsoever or whether any other cause event material product or substance contributed concurrently or in any se quence to the injury or damage. 2 Any sums that any insured or other entity must pay repay or reimburse because of any a Request demand order or statutory or regulatory requirement that any insured or others test for sample monitor clean up remove abate cover contain treat mitigate or neutralize lead paint containing lead or any other mate rial product or substance containing lead or in any way respond to or assess the effects of lead in any form or b Claim or suit for damages relating to testing for sampling monitoring cleaning up removing abating covering containing treating mitigating or neutralizing lead paint containing lead or any other material product or sub stance containing lead or in any way responding to or assessing the effects of lead in any form. 3 Any other loss cost or expense arising out of caused by or relating in any way to lead. U GL 1342 A CW 1007 Page 1 of 1 Agent Copy | 2 |
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Asbestos Exclusion Endorsement Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. I Producer Addl. Prem Return Prem. Policy No THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Comumercial General Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Property Damage Liability and Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Asbestos A. Bodily injury property damage or personal and advertising injury arising out of or which would not have oc curred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or B. Any sums that any insured or other entity must pay repay or reimburse because of any 1. Request demand. order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2. Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or C. Any other loss cost or expense arising out of or relating in any way to asbestos. U GLA178 A CW 0703 Page of Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
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Z ZURICH Premium And Reports Agreement Composite Rated Policies THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under any of the following Commercial General Liability Coverage Part Products Completed Operations Liability Coverage Part Owners Contractors Protective Coverage Part Railroad Protective Coverage Part Schedule 1. Unit of Exposure O Gross Sales O Area O Galions O Each O Rooms O General Liability Payroll O Admissions O Units 0 Rounds played O Total Cost 0 Total Operating Expenditures O Occupied rooms O Licensed Autos IX Workers Compensation Payroll O Other 2. Estimated Premiums Coverage Description Unit of Exposure Rates COMMERICAL WC 8714077 0.353 30761 PAYROLL PER 100 RESIDENTIAL WC PAYROLL 0 0.388 0 PER 100 1 308 TERRORISM Add more rows as required 3. Deposit Premium 4. Minimum Premium 31.069.00 15380.00 Condition 5 Premium Audit of Section IV Commercial General Liability Conditions is replaced by the following 5. Premium Audit a. We will compute all premiums for this Coverage Part according to our rules and the composite rates shown in the Schedule above or attached hereto. b. For policies other than Annual Reporting the deposit premium shown in the Schedule is due and payable on the first day of the policy period. The first Named Insured will pay within 20 days following the mailing or delivery of the statement of audited premium for each audit period the earned premium due. U GL872 B CW 04.09 Page 1 0f2 | 2 |
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e Within 180 days after this Coverage Part expires we will conduct an audit which may not be waived. We will compute the earned premium for the policy period by multiplying the composite rate against the total developed exposure. If the earned premium is greater than the sum of the deposit and any interim adjustment premiums the first Named Insured will pay us the excess if less we will return the unearned portion to the first Named Insured. However the earned pre mium will not be less than the Minimum Premium as shown in the Schedule. The first Named Insured must maintain records of the information we need for premium computation and send us copies at such times as we may request. The units of exposure shown in the Schedule are defined as follows 1. Admissions means the total number of persons other than employees of the named insured admitted to events con ducted on the insured premises whether on paid admissions tickets complimentary tickets or passes. 2. Gallons means the total number of gallons of liquefied petroleum gasses invoiced on any basis to any customer whether or not the insured actually takes possession of such gases. Gross sales means gross sales invoiced before discounts but does not include taxes collected for any governmental unit. w 4. Licensed auto means the final average of the number of autos at policy inception and the number of autos at policy termination. 5. Occupied rooms means the number of rooms actually rented during the policy year in a hotel or other place of lodging. 6. General Liability payroll means total remuneration for all employees of the insured as defined in our rating manuals. 7. Workers Compensation payroll means total remuneration for all employees of the insured as defined in our rat ing manuals. 8. Rounds played means the number of both paid and gratuitous rounds of golf played on an 18 hole goif course dur ing the policy year. Rounds that are less then 10 holes will be counted as a half round toward the total number of rounds of golf played. 9. Each means the total number of exposure units as described in the exposure basis. 10. Rooms mean the total number of rooms available for rent in a hotel or other place of lodging. 11. Total cost means the total cost of all work let or sublet in connection with each specified project including the cost of all labor material and equipment furnished used or delivered in the execution of the work however do not in clude the cost of finished equipment installed but not furnished by the subcontractor if the subcontractor does no other work on or in connection with such equipment and all fees bonuses or commissions made paid or due. 12. Total Operating Expenditures means expenditures including grants entitlements and shared revenue without re gard to source of revenue including accounts payable. 13. Units means a single room or group of rooms intended for occupancy as separate living quarters by a family by a group of unrelated persons living together or by a person living alone. 14. Area means the total number of square feet of floor space at the insured premises they occupy or lease to others. 15. Other means the unit of exposure as defined in the Unit of Exposure Schedule of this endorsement. Page 20f 2 U GL72 B CW 04 09 | 2 |
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COMMEXCIAL GENERAL LIABILITY CG 26501298 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES MEDICAL PAYMENTS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph la. of Coverage C. Medical Payments is replaced with the following 1. Imsuring Agreement a. We will pay medical expenses as described below for bodily injury caused by an ac cident 1 On premises you own or rent 2 On ways next to premises you own or rent or 3 Because of your operations provided that 1 The accident takes place in the cov erage territory and during the policy period 3 The expenses are incurred and report ed to us within one year of the date of the accident. However expenses re ported tous after one year of the date of the accident will not be denied solely because of the late submission unless such late submission operates to prejudice our rights and The injured person submits to exami nation at our expense by physicians of our choice as often as we reason ably require. Page 1of 1 J Copyright Insurance Services Office Inc. 1998 Agent Copy CG 265012 98 | 2 |
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Z ZURICH Deductible Endorsement Occurrence addl prem. Policy No. Exp. Date of Pol Eff. Date of End. Agency No. THIS ENDORSEMENT CHANGES THE POLICY. This endorsement modifies insurance provided under the Employee Benefits Liability Coverage Part It is agreed that the following deductible provisions are added to the policy as respects the Employee Benefit Li ability Coverage Part Deductible 51000 1. The deductible amount stated above shall be de ducted from the amount of all claims arising out of the same act error or omission. We shall be liable only for the difference between such deductible amount and the amount of insurance otherwise ap plicable on a per act error or omission basis. The Aggregate Limit will not be reduced by the appli cation of such deductible. PLEASE READ IT CAREFULLY. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount 1o effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. The terms of this Coverage Part apply regardless of the application of the deductible amount. This in cludes those terms with respect to a. Our rights and duties with respect to the de fense of suits and b. The insured s duties in the event of an act er ror or omission or a claim or suit. We may pay any part or all of the deductible amount 1o effect settlement of any claim or suit. You shall promptly reimburse us for such part of the deductible amount as has been paid by us after we notify you of our action. U GL852 A CW 796 Page of 1 Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY CG 0068 0509 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAWEXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A Exclusion q. of Paragraph 2. Exclusions of Section B. Exclusion p. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Dam Coverage B Personal And Advertising Injury age Liability is replaced by the following Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to This insurance does not apply to q. Recording And Distribution Of Material Or p. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vio late 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such faw 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or 4 Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmitting communicating or distribution of material or information. 2 Information In Violation Of Law Personal and advertising injury arising di rectly or indirectly out of any action or omis sion that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including. any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordi nance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collect ing recording sending transmitting communicating or distribution of material or information. 2 3 4 Page 1 of 1 a Insurance Services Office Inc. 2008 Agent Copy CG 00 68 05 09 | 2 |
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