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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 02241093 EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective Policy No. 1201 AM. standard time Named Insured Countersigned by Authorized Representative SCHEDULE AL srmbhinr of Procin Aabine oes halaiss el Number of Days Notice see below e 10 Day Notice for Non Payment of Premium e 30 Day Notice for Fraud Misrepresentation Changes in Conditions or Insolvency e 60 Day Notice for Any other Reason If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. CL 648 10 93 CG 02241093 Copyright Insurance Services Office Inc. 1992 Page 1 of 1 | 2 |
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MBER GLO 9262264 0 COMMExnCIAL GENERAL LIABILITY CG 03 0001 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER GLO 9262264 0 DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE 2500 Coverage Bodily Injury Liability OR Property Damage Liability OR Bodily Injury Liability andor Property Damage Liability Combined 2500 If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. APPLICATION OF ENDORSEMENT Enter below any limitations on the application of this endorsement. Ifno limitation is entered the deductibles apply to damages for all bodily injury and property damage however caused 2500 PROPERTY DAMAGE PER OCCURRENCE Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury b. Under Property Damage Liability Cover age to all damages sustained by any one person because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages sustained by any one person because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined B as the result of any one occurrence. If damages are claimed for care loss of serv ices or death resulting at any time from bodily injury a separate deductible amount will be applied to each person making a claim for such damages. With respect to property damage person in cludes an organization. A Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess of any deductible amounts stated in the Schedule above as applicable to such coverages. You may select a deductible amount on either a per claim or a per occurrence basis. Your se lected deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the Sched ule above. The deductible amount stated in the Schedule above applies as follows 1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule above is on a per claim basis that deductible applies as follows a. Under Bodily Injury Liability Coverage to all damages sustained by any one person because of bodily injury Page 1 of 2 Copyright Insurance Services Office Inc. 1994 Agent Copy CG 03 00 01 96 | 2 |
as the sult of any one occurrence regardless of the number of persons or organizations who sustain damages because of that occurrence The terms of this insurance including those with respect to 1. Our right and duty to defend the insured against any suits seeking those damages and 2. Your duties in the event of an occurrence claim or suit apply irrespective of the application of the deducti ble amount. We may pay any part or all of the deductible amount to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such part of the deducti ble amount as has been paid by us. PER OCCURRENCE Ba.s. If the deductible amount indicated in the Schedule above is on a per occurrence basis that deductible amount applies as follows a. Under Bodily Injury Liability Coverage to all damages because of bodily injury b. Under Property Damage Liability Coverage to all damages because of property damage or Under Bodily Injury Liability andor Property Damage Liability Coverage Combined to all damages because of 1 Bodily injury 2 Property damage or 3 Bodily injury and property damage combined CG 03 00 01 96 Page 2 of 2 Copyright Insurance Services Office Inc. 1994 Agent Copy | 2 |
POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 201507 04 POLICY NUMBER GLO 9262264 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED VENDORS This endorsement modifies insurance provided under the following COMMERGIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations Vendor ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT AGREEMENT OR PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE ADDITIONAL INSURED COVERAGE Your Products Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section I Who Is An Insured is amended to c. Any physical or chemical change in the include as an additional insured any persons or product made intentionally by the vendor organizations referred to below as vendor d. Repackaging except when unpacked solel shown in the Schedule but only with respect to forplhe gurose o inspectronp. demonstra bodily injury or property damage arising out of tion testing or the substitution of parts your products shown in the Schedule which are under instructions from the manufacturer distributed or sold in the regular course of the and then repackaged in the original con vendor s business subject to the following addi tainer tional exclusions s.. e. Any failure to make such inspections ad 1. The insurance afforded the vendor does not justments tests or servicing as the vendor apply to has agreed to make or normally undertakes a. Bodily injury or property damage for to make in the usual course of business in CG 20150704 which the vendor is obligated to pay dam ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement b. Any express warranty unauthorized by you Agent Copy connection with the distribution or sale of the products f. Demonstration installation servicing or repair operations except such operations performed at the vendor s premises in con nection with the sale of the product IS0 Properties Inc. 2004 Page 1 of 2 PRIOR 1O THE LOss TO PROVIDL ADDITIONAL INSURED COVERAGE Page 1 of 2 | 2 |
g. Products which after distribution or sale by you have been labeled or relabeled or used as a container part or ingredient of any other thing or substance by or for the ven dor or h. Bodily injury or property damage arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its be half. However this exclusion does not ap ply to 1 The exceptions contained in Sub paragraphs d. or f. or 2 Such inspections adjustments tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connec tion with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization from whom you have acquired such products or any ingredient part or container entering into accompanying or containing such products. Page 2 of 2 IS0 Properties Inc. 2004 Agent Copy CG 201507 04 o | 2 |
POLICY NUMBER GLO 9262264 04 POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 20280704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LESSOR OF LEASED EQUIPMENT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organizations ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED THROUGH WRITTEN CONTRACT AGREEMENT OR.PERMIT EXECUTED PRIOR TO THE LOSS TO PROVIDE ADDITIONAL INSURED COVERAGE l Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Section Il Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the persons or additional insureds this insurance does not apply organizations shown in the Schedule but only to any occurrence which takes place after the with respect to liability for bodily injury property equipment lease expires. damage or personal and advertising injury caused in whole or in part by your maintenance operation or use of equipment leased to you by such persons or organizations. UL LIUVNAL ANoURLLU LUVLRALL Page 1 of 1 o CG 202807 04 1S0 Properties Inc. 2004 Agent Copy | 2 |
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COMMERCIAL GENERAL LIABILITY CG21471207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In Exclusions of Section Coverage B Personal jury And Property Damage Liability And Advertising Injury Liability This insurance does not apply to This insurance does not apply to Bodily injury to Personal and advertising injury to 1 A person arising out of any 1 A person arising out of any a Refusal to employ that person a Refusal to employ that person b Termination of that person s employment b Termination of that person s employment or or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. c Employment refated practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimina tion or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is directed. This exclusion applies 1 Whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after em ployment of that person 2 Whether the insured may be liable as an em ployer or in any other capacity and 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury. Page 10f 1 o 180 Properties Inc. 2006 Agent Copy CG21471207 | 2 |
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COMMERCIAL GENERAL LIABILITY CG 21861204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to bodily injury B. The following definition is added to the Definitions property damage or personal and advertising in Section jury arising out of caused by or attributable to Exterior insulation and finish system means a whether in whole or in part the following non load bearing exterior cladding or finish sys 1. The design manufacture construction fabrica tem and all component parts therein used on any tion preparation distribution and sale installa part of any structure and consisting of on appcaqn mainlenance or repar includ 1. A rigid or semirigid insulation board made of ing remodeling service correction or expanded polystyrene and other materials replacement of any exterior insulation and fin ish system or any part thereof or any substan tially similar system or any part thereof includ 2. The adhesive andor mechanical fasteners used to attach the insulation board to the sub ing the application.or use of conditioners strate primers accessories flashings 00525 3. Areinforced or unreinforced base coat aulklng or sealants in connection with such a 4. A finish coat providing surface texture to which ystem or... color may be added and 2. our product or your work with respect to 5. Any flashing caulking or sealant used with the any exterior component fixture or feature of any structure if an exterior insulation and fin ish system or any substantially similar system is used on the part of that structure containing that component fixture or feature. system for any purpose. Page 1 of 1 ISO Properties Inc. 2003 Agent Copy CG21861204 | 2 |
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COMMERGAL GENERAL LIABILITY CG 22790798 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONTRACTORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Ex clusions of Section I Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclu sions of Section I Coverage B Personal And Adver tising Injury Liability 1. This insurance does not apply to bodily injury property damage or personal and advertising in jury arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respectto either orboth of the following operations a. Providing engineering architectural or survey ing services to others in your capacity as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or survey ing services in connection with construction work you perform. Subject to Paragraph 3. below professional services include a Preparing approving or failing to prepare or approve maps shop drawings opinions re ports surveys field orders change orders or drawings and specifications and b. Supervisory or inspection activities performed as part of any related architectural or engi neering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacily as a construction contractor. Pagelof1 J Copyright Insurance Services Office Inc. 1997 Agent Copy CG22790798 | 2 |
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POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY POLICY NUMBER GLO 9262264 04 CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad Designated Job Site ALL. WORK IN CONNECTION WITH ICONSTRUCTION OR DEMOLITION OPERATIONS ON OR WITHIN 50 FEET OF A RAILROAD If noentry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Paragraph f. does not include that part of any With respect to operations performed for or affecting contract or agreement a Scheduled Railroad at a Designated Job Site the definition of insured contract in the Definitions sec 1 That indemnifies an architect engineer or tion is replaced by the following surveyor for injury or damage arising out 9. Insured Contract means of a. A contract for a lease of premises. However a Preparing approving or failing to pre that portion of the contract for a lease of pare or approve maps shop drawings premises that indemnifies any person or or opinions reports surveys field orders ganization for damage by fire to premises while change orders or drawings and specifi rented to you or temporarily occupied by you cations or with permission of the owner is not an insured b Giving directions or instructions or contract failing to give them if that is the primary cause of the injury or damage 2 Under which the insured if an architect engineer or surveyor assumes liability for A sidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement f. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a fiability that would be imposed by law in the absence of any contract or agreement. an injury or damage arising out of the in sured s rendering or failure to render pro fessional services including those listed in Paragraph 1 above and supervisory in spection architectural or engineering activi ties. TGV TS e L WORK IN CONNECTION WITH INSTRUCTION OR DEMOLITION ERATIONS ON OR WITHIN FEET OF A RAILROAD et IV R e Pagetof1 O Is0 Proggerlies Inc. 2000 ent Copy CG 24171001 | 2 |
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POLICY NUMBER GLO 9262264 04 CY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECTS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS HOWEVER ONLY ONE GENERAL AGGREGATE LIMIT WILL APPLY TO ALL CONSTRUCTION PROJECTS WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER COMBINED CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. nformation required to complete this Schedule if not shown above will be shown in the Declarations. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Page 1 0of 2 o Insurance Services Office Inc. 2008 Agent Copy CG 25030509 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to ongoing operations at a single designated construction project shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 Agent Copy CG 2503 0509 o | 2 |
POLICY NUMBER GLO 9262264 04 POLICY NUMBER GLO 9262264 04 COMMERCIAL GENERAL LIABILITY CG 25040509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATIONS GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Locations ALL LOCATIONS OTHER THAN CONSTRUCTION PROJECTS OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule if not shown above will be shown in the Declarations. AN CONSTRUCTION PROJECTS OCCUPIED BY THE A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section I Coverage C which can be attributed only to operations at a single designated location shown in the Schedule above 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A except damages because of bodily injury or property damage included in the products completed operations hazard and for medical expenses under Coverage C regardless of the number of a. Insureds b. Claims made or suits brought or. Persons or organizations making claims or bringing suits. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Location General Aggregate Limit for that designated ocation. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggregate Limit for any other designated ocation shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence Damage To Premises Rented To You and Medical Expense continue to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such fimits will be subject to the applicable Designated Location General Aggregate Limit. Page 1 of 2 m Insurance Services Office Inc. 2008 Agent Copy CG 25040509 | 2 |
B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section Coverage A and for all medical expenses caused by accidents under Section Coverage C which can not be attributed only to operations at a single designated location shown in the Schedule above 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of badily injury or property damage included in the products completed operations hazard will reduce the Products completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement the Definitions Section is amended by the addition of the following definition Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of Section Il Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Insurance Services Office Inc. 2008 Agent Copy CG 2504 0509 n | 2 |
LIMITED POLLUTION OVERAGE ENDORSEMENT WORK SITE Addl. Prem Return Prem. Policy No. Eif. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer THIS ENDORSEMENT MODIFIES THE INSURANCE PROVIDED BY THE COMMERCIAL GENERAL LIABILITY COVERAGE PART ONLY AS RESPECTS THE EXCEPTION COVERAGE PROVIDED FOR WORK SITE POLLUTION. PLEASE READ THIS ENDORSEMENT CAREFULLY SINCE IT MAY INCLUDE TERMS AND CONDITIONS DIFFERENT FROM OTHER POLICIES OR POLLUTION COVERAGE ENDORSEMENTS YOU MAY HAVE PURCHASED. SCHEDULE Deductible 5000 Each Pollution Incident Limit 1000000 Limited Pollution Aggregate Limit 2000000 Paragraphs 1 d and 1 e of Exclusion f. Pollution Coverage A. are deleted. s L With regard to any work site we will pay those sums that the insured becomes legally obligated to pay as damages for bodily injury or property damage which occur as a direct result of a pollution incident but only if the pollu tion incident. a. Emanates from a work site b. Occurs during the policy period and within the coverage territory c. Has a duration of no more than seventy two 72 consecutive hours and d. Is promptly reported to us but in no event later than thirty 30 days from the date the pollution incident com menced. N We will also pay for bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such work site has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at the work site and such work site is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. The amount we will pay for damages is limited as described in D. Limits of Insurance of this endorsement and Our right and duty to defend for this coverage end when we have used up the applicable limit of insurance shown in the SCHEDULE of this endorsement in payment of judgments or settlements under the work site pollution cover age provided herein. This work site insurance does not apply to 1. Any work site that has either been proposed for or included on the federal government s National Priorities List Superfund Site or any similar state environmental Superfund or priorities list Any pollutants which are or were at any time transported handled stored treated disposed of or processed as waste from any work site by or for any insured or any person or organization for whom the insured may be legally responsible Any work site which is or was at any time used by or for the insured or others for the handling storage disposal processing or treatment of waste 4. Anyunderground storage tank system U GL1059 A 0502 Page of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy U GL1059 A 0502 Page of 3 | 2 |
Any failure to comp..vith any applicable statute regulation ordinai.... directive or order relating to the pro tection of the environment and promulgated by any government body provided that failure to comply is a willful or deliberate act or omission of the insured Any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 19789 or the Clean Water Act of 1977 as amended in 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended Any obligation or liability assumed by the insured under any contract or agreement unless the insured would have that obligation or liability in the absence of said contract or agreement Any exposure to asbestos or the removal or clean up of asbestos or the disposal of asbestos products fibers or dust Any emission discharge release or escape of drilling fluid oil gas or other fluids from any oil gas mineral water or geothermal well. Any bodily injury or property damage included within the products completed operations hazard. Any bodily injury or property damage arising out of acid rain. Any bodily injury or property damage arising out of lead paint containing lead or any other material or sub stance containing lead or Any bodily injury or property damage arising at or from any work site if the operations performed at that work site are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to. or assess the effects of pollutants. D. Limits of Insurance 1. The Limits of Insurance shown in the SCHEDULE of this endorsement and the provisions below determine the most we will pay under this coverage regardless of the number of a.. insureds b. claims made or suits brought or persons or organizations making claims or bringing suits. The Limited Pollution Aggregate Limit of Insurance shown in the SCHEDULE of this endorsement is the most we will pay for the sum of all covered damages arising from all pollution incidents combined for which cover age is provided by this endorsement.. Subject to the provisions of the Limited Pollution Aggregate Limit of Insurance in E. 2. above the most we will pay for all covered damages arising from any one pollution incident for which coverage is provided by this en dorsement will be the lesser of a. The Each Pollution Incident Limit of Insurance indicated in the SCHEDULE of this endorsement or b. The sum of all damages arising out of any one pollution incident minus the deductible if any shown in the Schedule of this endorsement. Any and all damages paid under the terms and conditions of this endorsement will further be applied against and will reduce the policy General Aggregate Limit of Insurance shown on the Declarations page as provided in the Commercial General Liability Coverage Part in the same manner and in addition to all other damages losses costs or expenses iricurred under all other coverages of the Commercial General Liability Coverage Part that are also subject to the General Aggregate Limit. We may pay part or all of any deductible amount if applicable to effect sttlcmcut of any claim or suit. Upon notice of our payment of any deductible amiount you shall promptly reimburse us for the part of the deductible amount we paid. E. Asrespects the coverage provided in this endorsement for work site pollution only Section IV. Condition 4. Other In surance is deleted and replaced by the following 4. Other Insurance or suits brought or U GL1059 A 502 Page 20f3 Includes copyrighted material of Insurance Services Office Inc. with its permission. Agent Copy | 2 |
If other valid and collectible insurw.. ce is available to the insured for any damages.. at we also cover under this en dorsement our obligations are limited as follows 1. This insurance is excess over any other applicable insurance be it primary excess contingent or on any other basis 2. We will have no duty under this endorsement to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake the defense but we will be entitled to the insurer s rights against all those other insurers. 3. We will only pay our share of the amount of damages that exceed the sum of a. The total amount that all such insurance would pay for said damages in the absence of this insurance and b. The total of all deductible and self insured amounts under all such other insurance. We will share the damages with any other insurance that is not described in this Other Insurance provision and was not bought specifically to apply in excess of the Limits Of Insurance set forth in the Schedule of this en dorsement. F. Definitions The following definitions apply as respects the insurance provided by this endorsement only 1. Pollution incident means An unexpected and unintended discharge dispersal relcase or escape of pollutants at a work site that is demon strable as having commenced abruptly on a specific identifiable date during the policy period. For purposes of this endorsement pollution incident applies in place of occurrence. All interrelated repeated or continuous episodes of a discharge dispersal release or escape of pollutants shall in their entirety be deemed to be a single pollution incident. Allbodily injury or property damage resulting from a single pollution incident shall be deemed to have occurred only at the commencement date of the discharge dis persal telease or escape of pollutants.. 2. Suit means a civil proceeding in which damages because of a covered pollution incident are alleged. Suit in cludes N a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the in sured submits with our consent. 3. Underground Storage Tank System means Any tank including associated piping or equipment connected to the tank that has at least ten percent 10 ofits volume below ground. 4. Work site means Any premises site or location where the insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations. Work site does not include any premises site or location which is or was at any time owned rented or occupied by any insured. The terms and conditions of exclusion f. Pollution and all other terms and conditions of the policy not affected by this en dorsement continue to apply as currently written. U GL1059 A 0502 Page3of 3 Agent Copy | 2 |
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Z ZURICH Advisory notice to policyholders regarding the U.S. Treasury Department s Office of Foreign Assets Control OFAC regulations No coverageis provided by this policyholder notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. This notice provides information concerning possible impact on your insurance coverage due to directives issued by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site hitp www.treasury.gov about organizational structure offices Pages OfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU1041 A 311 Page 10f 1 Agent Copy Agent Copy | 2 |
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Z ZURICH Disclosure Statement it is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 ACW 0611 Page 10f 1 Agent Copy | 2 |
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ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit http www.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 10f 1 gent Copy | 2 |
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ZURICH Commercial General Liability Policy Occurrence General Liability 0CT 17 20 Zurich North America Insurance is provided by the company designated on the Declaration Page. A stock insurance company. U GL141 A CW 788 | 2 |
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Common Policy Declarations Page ADMIF ST Admiral Insurance Company Policy Number FEI PPL17496 04 Renewal Of FEI PPL17496 03 Named Insured Program Administrator Crest Industrial Chemicals Inc. Freberg Environmental Inc. 1737 County Road 57 2000 S. Colorado Blvd. Tower Il Suite 800 Rosharon TX 77583 Denver Colorado 80222 e 800 Policy Period From 8292017 To 8292018 At 1201 am Standard Time at your mailing address shown above insurance as stated in this policy. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the This policy consists of the following Coverage Parts as indicated Premium Products Pollution Environmental Impairment Liability Covered Commercial General Liabi Covered Contractors Pollution Liability Covered Total Coverage Part Premium 13562 Terrorism Premium Not Covered Total Premium 13562 State Fee Not Applicable FORMS APPLICABLE TO ALL COVERAGE PARTS See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions coverage part declarations coverage part coverage formss and forms and endorsements if any issued to form a part thereof complete the above numbered policy. 8292017 To 8292018 Issue Date 972017 By Authorized Representative This insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as surplus line coverage under the Texas insurance statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage and the insurer is not a member of the property and casualty insurance guaranty association created under Chapter 462 Insurance Code. Chapter 225 Insurance Code requires payment of a 4.85 percent tax on gross premium. Surplus Lines Licensee Name AmWINS Brokerage of lllinois LLC 10 S. LaSalle Street. Suite 2000 Address Chicago IL 60603 EIL1204 COM DEC Texas Premium13562.00 Fees 700.00 Surplus Lines Tax691.71 21.39 14975.10 Texas Premium13562.00 Fees 700.00 Surplus Lines Tax691.71 Stamping Fee 21.39 Total 1497510 | 2 |
EIL Coverage Declarations Page Aomi Policy Number FEI PPL17496 04 Renewal Of FEI PPL17496 03 Coverage Parts Attached indicated with X Coverage Part Policy Type X Products Pollution Environmental Impairment Liability Claims Made Form X Commercial General Liability Occurrence Form X Contractors Pollution Liability Occurrence Form Limits of Insurance Regardless of the number of Coverage Parts written under this policy or applicable to any one Occurrence Claim Wrongful Act or Pollution Condition the Limits of Insurance shown below apply once for the entire policy and not separately for each Coverage Part. Applicable to Products Pollution Environmental Impairment Liability Coverage Parts Only 1000000 Per Pollution Conditions Limits 1000000 Aggregate Pollution Condition Limits Applicable to Commercial General Liability Coverage Parts Only 1000000 Personal and Advertising Injury Limit 1000000 Damages Limit for Each Occurrence of Claim 2000000 General Aggregate Limit Other than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 300000 Fire Damage Limit Any one Fire 5000 Medical Expense Limit Any One Person Applicable to Contractors Pollution Liability Coverage Parts Only 1000000 Damage Limit for Each Occurrence Claim or Pollution Condition Claims 1000000 Claims Expense Limit for Each Claim 1000000 General Aggregate Limit 1000000 Claims Expense Aggregate Limit Deductible SIR Coverage Amount Type Products Pollution Environmental Impairment Liability 10000 Per Claim Commercial General Liability 5000 Per Occurrence Deductible Contractors Pollution Liability 5000 Per Pollution Condition Deductible Retroactive Dates Coverage Retroactive Date Products Pollution Environmental Impairment Liability 8292013 Commercial General Liability Not Applicable Contractors Pollution Liability Not Applicable Premium Schedule Annual Gross Receipts 2400000 Rate Flat Policy Period Minimum Earned Premium 25 Minimum Earned Premium 3390 Form of Business X Corporation Joint Venture Individual Partnership LLC Other e Parts Only Claim oducts Completed Operations gate Limit e Parts Only aim or Pollution Condition Claims i A EIL1204 COVERAGE DEC | 2 |
ADMIRAL m Policy Number Renewal Of SCHEDULE EIL Supplemental Declarations Page FEI PPL17496 04 FEI PPL17496 03 The following forms and endorsements are made part of this policy JA1001 1016 EIL001 0712 ECC309 0712 ECC310 0712 CG 00011204 ECC311 0712 EIL075 0712 ECC315 0712 ECC316 0712 ECC317 0712 ECC319 0712 ECC320 0712 ECC327 0712 CG 22430196 PN0001 00107 ECC322 0713 PN0002 1215 EIL113 0413 EIL031 0712 EIL085 0712 EIL096 0513 CG 21900106 ECC353 0712 ECC359 0712 ECC502 0712 ECC510 0317 ECC528 0317 ECC548 0317 CG20151188 CG 20371001 CG 2503 1185 ECC326 0712 Texas Notice Texas Notice 2 Signature Page Environmental Impairment Liability Claims Made Form Common Policy Declarations Page Coverage Part Declarations Page Commercial General Liability Coverage Occurrence Form Contractors Pollution Liability Form Occurrence Minimum Earned Premium Endorsement Common Policy Conditions Nuclear Energy Liability Exclusion Deductible Liability Insurance Endorsement Automatic Additional Insured Owners Lessees or Contractors. Automatic Waiver of Subrogation Minimum Earned Premium Endorsement Exclusion Engineers Architects or Surveyors OFAC Claims Notice Document Trade or Economic Sanctions Endorsement Products Pollution Coverage Endorsement Contingent Transportation Coverage Named Insured Endorsement Blanket Non Owned Disposal Sites Endorsement Exclusion of Terrorism Hired and Non Owned Auto 1mil1mil limit Employee Benefit Liability 1mil1mil limit Amendment of Cancellation Notice Endorsement uses endeavor to wording Mold and Mildew Exclusion Punitive or Exemplary Damages Amendment Blanket Primary and Non Contributory Endorsement Additional Insured Vendors Additional Insured Owners Lessees Completed Op s Dedicated Aggregate Per Project Service of Suit Texas State Surplus Lines Notice Attachment Texas State Policyholder Notice iability Claims Made Form s Page Page y Coverage Occurrence Form ty Form Occurrence Endorsement clusion e Endorsement d Owners Lessees or Contractors. jation Endorsement itects or Surveyors ns Endorsement e Endorsement Coverage nt al Sites Endorsement Amil A mil limit Amil1mil limit Notice Endorsement uses endeavor to wording ages Amendment ontributory Endorsement s Lessees Completed Op s Project otice Attachment Schedule of Insured Locations Location Location 1 1737 County Road 57 Rosharon TX 77583 EIL1204 SUPP DEC | 2 |
Crest Industrial Chemicals Inc. Signature Page This endorsement effective 8292017 attaches to and forms a part of Policy Number FEI PPL17496 04. It modifies insurance provided under this Polig THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IN WITNESS WHEREOF we have caused this Policy to be executed and attested and if required by state law this Policy shall not be valid unless countersigned by a duly authorized representative of the Company. SOA IY Seatt R Bosadh President and CEO Signature Page | 2 |
AIIMIML Environmental Impairment Liabi Polic The coverage provided by this policy contains requirements for claims made and reporting to the insurance company listed in the declarations hereinafter the company. Please read this entire form carefully. This policy has certain provisions and requirements unique to it and may be different from other policies the insured may have purchased. Defined terms other than headings appear in italics. Notice the descriptions in any headings or sub headings of this policy are inserted solely for convenience and do not constitute any part of the terms or conditions of this policy. L INSURING AGREEMENT 4 1L DEFINITIONS Affiliates Auto Bodily Injury Business Interruption Losses Cargo Carrier Claims Cleanup Costs Corrective Actions Defense Expenses Discovered Environmental Laws Insureds Leased Worker Liabilities Loss of Rental Income Loss of Use Mobile Equipment Mitigation Actions Named Insured Natural Resource Damage EIL001 0712 | 2 |
Environmental Impairment Liability Polic 1L Non Owned Disposal Sites Operations Period of Restoration Policy Policy Period Pollutants Pollution Conditions Property Damage Regulatory Bodyies Restorative Actions Retroactive Date Scheduled Location Temporary Worker Termination Date Third Partyies Transported Cargo EXCLUSIONS Acts of War Asbestos Automobiles Certain Damages Compliance Actions and Improvements Contractual Liability Course of Employment Insured versus Insured Intentional or Illegal Acts Known Conditions Lead Based Paint Mold Silica Subsequent to Property Transfer Transportation Underground Storage Tanks Workers Compensation Wrongful Delivery EIL001 0712 | 2 |
Environmental Impairment Liability Polic 1v. VIL LIMITS OF INSURANCE Maximum Limits of Liability Limits of Liability Settlement SELF INSURED RETENTION EXTENDED REPORTING PERIOD Automatic Extended Reporting Period Optional Extended Reporting Period CONDITIONS Notice Of Pollution Conditions and Claims Defense and Cooperation And Assistance Of The Insured Inspection Actions Prejudicial To The Company Mitigation Actions Subrogation Named Insured As Agent Assignment No Action Against Company Changes Cancellation Nonrenewal Additional Premiums Representations and Covenants Other Insurance Concealment or Fraud Separation Of Insured nan nan nan nan 17.0 nan 17.0 nan 17.0 nan 18.0 nan nan nan 19.0 nan nan nan 19.0 nan 19.0 nan 20.0 nan nan nan 21.0 nan 21.0 nan 22.0 nan 23.0 nan 23.0 nan 23.0 nan 24.0 nan 24.0 nan 24.0 nan 24.0 nan 25.0 nan 25.0 nan 26.0 nan 26.0 nan 26.0 nan 27.0 nan 27.0 nan 27.0 EIL001 0712 | 2 |
Environmental Impairment Lial The Company in consideration of the payment of the premium and in reliance upon all representations and warranties contained in the application submitted to the Company and made a part of this Policy including any addendum or addenda and subject to all provisions of this Policy subsequently set forth herein agrees with the Named Insured as follows. INSURING AGREEMENT COVERAGE The Company shall pay up to the Limits of Liability and in excess of the Self Insured Retention on behalf of the Insured all e Cleanup Costs of the Insured o Liabilities for Property Damage to a Third Party including Cleanup Costs Liabilities for Bodily Injury to a Third Party and Defense Expenses resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location which commenced during the Policy Period or after the Retroactive Date if any and were Discovered and reported to the Company during the Policy Period the Automatic Extended Reporting Period or the Optional Extended Reporting Period if any. A Claim under this coverage must be reported to the Company in accordance with Section VII. Conditions. DEFINITIONS Words and phrases in italics in this Policy have the following special meaning Affiliates The term Affiliates means all affiliates of the Insured including without limitation subsidiary or parent entities shareholders members partners owners joint venturers directors managers officers employees Leased Workers Temporary Workers or immediate family of any of the Insureds. EIL001 0712 | 2 |
Environmental Impairment Lial Auto The term Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. Auto does not include Mobile Equipment. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos e Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning e Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Bodily Injury The term Bodily Injury means sickness disease mental anguish emotional distress or physical injury sustained by a Third Party including death resulting therefrom. Business Interruption Losses The term Business Interruption Losses means e The actual loss sustained during the Period of Restoration by a Third Party due to the necessary suspension of business activities resulting directly from Pollution Conditions at a Scheduled Location not to exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of Operations e The necessary expenses incurred by a Third Party o as aresult of the suspension of Operations and o to avoid or minimize the loss suffered by the Third Party as a result of the suspension of Operations. The amount payable by the Company for Business Interruption Losses shall be reduced in the event that Business Interruption Losses could have been reduced by e acomplete or partial resumption of Operations whether the location of Operations was damaged or not or EIL001 0712 | 2 |
Environmental Impairment Lial by making use of other property at any other location or by making use of stock raw in process or finished. The Company shall not be liable for any Claims resulting from the suspension lapse or cancellation of any lease license contract or order unless such suspension lapse or cancellation is directly and primarily caused by the interruption of business resulting from the Pollution Condition. The liability of the Company for Business Interruption Losses shall in addition to the limitations set forth herein be further limited to the period of twelve 12 calendar months from the date of the Claim. Cargo The term Cargo means goods products or wastes carried for delivery on or within an Auto that is properly licensed to transport such goods products or wastes. Carrier The term Carrier means a person or entity other than the Insured or any subsidiary or affiliate company of the Insured properly licensed to engaged in the businesses of transporting property for hire by Auto Watercraft or rolling stock. Claims The term Claims means written notice during the Policy Period e to an Insured from a Third Party seeking to hold any Insured responsible for Liabilities resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location or by the Insured seeking coverage for Cleanup Costs resulting from Pollution Conditions at upon within under or migrating from a Scheduled Location. EIL001 0712 | 2 |
Environmental Impairment Lial Cleanup Costs The term Cleanup Costs means the reasonable and necessary costs incurred in performing Corrective Actions andor Restorative Actions at upon within under or migrating from a Scheduled Location. Costs incurred by the use of Affiliates to perform Corrective Actions or Restorative Actions or to act in any manner with respect to a Claim are not included in Cleanup Costs. Corrective Actions The term Corrective Actions means actions undertaken with the prior written approval of the Company to investigate test sample monitor cleanup remove remediate treat dispose of neutralize or immobilize Pollutants resulting from a Pollution Condition. Corrective Actions for a Pollution Condition shall be deemed completed when the condition of the property o satisfies the applicable Risk Based Standards or e ano further action letter closure or other approval is received from the appropriate Regulatory Body. For the purposes of this Policy Applicable Risk Based Standards shall mean those standards developed by the appropriate Regulatory Body for the cleanup of the Pollutants o for similar property in the same geographic area as the Scheduled Location and e based upon the land use of the Scheduled Location at the time of inception of this Policy. Corrective Actions shall also include the preparation of customary reports related to such actions. Corrective Actions or Mitigation Actions that require an emergency response pursuant to Section VII. Conditions do not require the prior written approval of the Company. EIL001 0712 | 2 |
Environmental Impairment Lial Defense Expenses Discovered The term Defense Expenses means the reasonable legal costs charges and expenses incurred by the Company fees and expenses of any third party administrator for the Company or with the prior written approval of the Company by an Insured in the investigation adjustment or defense of Claims with respect to o the determination of any Liability or e Cleanup Costs. Defense Expenses do not include salary charges of regular employees or officials of the Company fees and expenses of supervisory counsel retained by the Company or the time and expense incurred by the Insured in assisting in the investigation or resolving a Claim or in connection with Cleanup Costs including but not limited to the cost of the nsured s in house counsel. The term Discovered means the point in time at which any officer director executive or employee responsible for environmental compliance of an Insured becomes aware of the existence of a Pollution Condition. Environmental Laws Insureds The term Environmental Laws means any federal state provincial foreign or local laws including but not limited to statutes rules regulations ordinances guidance documents and governmental judicial or administrative orders and directives that are applicable to Pollution Conditions. The term Insureds means the following o The Named Insured Any present or former director officer or employee of the Named Insured while acting or failing to act within the scope of his her duties as such e The current spouse of any current owner director or officer of the Named Insured but solely with respect to the liability of each Insured as otherwise covered by this Policy e The heirs executors administrators guardians and legal representatives of each Insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each Insured as otherwise covered by this Policy and Any person or organization acting as the nsured s real estate manager. EIL001 0712 | 2 |
Environmental Impairment Lial No person or organization is an Insured with respect to the conduct of any current or past partnership joint venture or any other entity unless such entity is set forth as a Named Insured in the Declarations. Leased Worker The term Leased Worker means a person leased by a labor leasing firm to perform duties related to the conduct of the lessee s business. Leased Worker does not include Temporary Worker. Liabilities The term Liabilities means those sums that the nsured becomes legally obligated to pay to Third Parties as a result of Claims for Bodily Injury Property Damage or e Cleanup Costs. Loss of Rental Income The term Loss of Rental Income means the actual loss sustained by a Third Party due to the required suspension of rental activities during the Period of Restoration at a location directly damaged by a Pollution Condition plus necessary expenses incurred by a Third Party e asaresult of the suspension of its rental activities at the location directly damaged by a Pollution Condition and e to avoid or minimize the loss suffered by the Third Party as a result of the suspension of rental activities at the location directly damaged by a Pollution Condition. Loss of Rental Income shall not exceed the net income net profit or loss before income taxes that would have been earned or incurred in the absence of suspension of rental activities and is further limited to the period of twelve 12 calendar months from the date of the Claim. EIL001 0712 | 2 |
Environmental Impairment Lial Loss of Use The term Loss of Use means the lesser of Business Interruption Losses or Loss of Rental Income. Mobile Equipment The term Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment o Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. Vehicles maintained for use solely on or next to premises you own or rent. Vehicles that travel on crawler treads. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted e Power cranes shovels loaders diggers or drills or Road construction or resurfacing equipment such as graders scrapers or rollers. Vehicles not described in the above definition that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or e Cherry pickers and similar devices used to raise or lower workers. Vehicles not described in the above definition maintained primarily for purposes other than the transportation of persons or cargo. Mitigation Actions The term Mitigation Actions means those actions set forth in Section VII. Conditions. EIL001 0712 | 2 |
Environmental Impairment Lial Named Insured The term Named Insured means the proprietor partners or organization identified as the Named Insured in the Declarations. Natural Resource Damage The term Natural Resource Damage means physical injury to or destruction of including the resulting loss of value of land fish wildlife biota air water groundwater drinking water supplies and other such resources belonging to managed by held in trust by appertaining to or otherwise controlled by the United States including the resources of the fishery conservation zone established by the Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. 1801 et seq. any state or local government any foreign government any Indian tribe or if such resources are subject to a trust restriction on alienation any member of an Indian tribe. Non Owned Disposal Sites Operations The term Non owned Disposal Sites means Liabilities arising from an Insured s disposal of wastes at a treatment storage or disposal facility that is not owned or operated by the nsured and that is scheduled by endorsement on the Non Owned Disposal Site Coverage Endorsement. The term Operations means the business activities of a Third Party occurring at a location damaged by a Pollution Condition. Period of Restoration The term Period of Restoration means the period of time that begins with the date that a Claim from a Third Party is received by an Insured or is made by the Insured to the Company and e ends on the date when the property at the Scheduled Location is repaired rebuilt or replaced with reasonable speed and similar quality. Period of Restoration does not include any delay caused by the enforcement of any local or state ordinance or law regulating the construction use or repair or demolition of property. The expiration date of this Policy does not end the Period of Restoration. EIL001 0712 | 2 |
Environmental Impairment Lial Policy Policy Period Pollutants The term Policy means this document as well as the application all endorsements declarations modifications and addenda thereto. The term Policy Period means the period set forth in the Declarations any shorter period arising as a result of cancellation or non renewal or any other period as changed by endorsement. The term Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals toxic chemicals liquids or gases other irritants or contaminants or any discarded materials of any kind. Pollutants shall not include Source Material Special Nuclear Material or Byproduct Material as such terms are defined in the Atomic Energy Act of 1954. Pollution Conditions The term Pollution Conditions means the gradual or sudden unintended discharge dispersal release or escape of Pollutants at upon within under or migrating from a Scheduled Location which the Insured had not Discovered at the time of inception of this Policy unless such previously Discovered Pollution Condition has been listed by endorsement is first reported to the Company during the Policy Period and commenced during the Policy Period or after the Retroactive Date if any. Property Damage The term Property Damage means the following e Physical injury to or destruction of property of Third Parties Natural Resource Damage Loss of Use of tangible property of Third Parties and o the lesser of i the diminution of value of tangible property of Third Parties directly attributable to the effects of Pollution Conditions or ii the reasonable costs of Restorative Actions for such property EIL001 0712 | 2 |
Environmental Impairment Lial but only to the extent the above injuries are not already remedied by Cleanup Costs. For purposes of determining the extent if any of diminution in value the value of the tangible property injured shall equal the replacement cost of such property reduced by physical depreciation and obsolescence as of the time the damage to such tangible property was sustained. Regulatory Bodyies The term Regulatory Bodyies means the federal state or foreign regulatory agency or agencies having jurisdiction with respect to a Pollution Condition. Restorative Actions The term Restorative Actions means actions undertaken with the prior written approval of the Company to repair replace or restore tangible property to substantially the same condition such tangible property was in prior to being damaged during work performed in the course of incurring Cleanup Costs. The cost of Restorative Actions at a Scheduled Location shall not exceed the diminution in value of the Scheduled Location as a result of the Pollution Condition. Retroactive Date The term Retroactive Date means the date identified as such and set forth in the declarations and is the earliest date that a Pollution Condition can have commenced for coverage to be provided under this Policy. Scheduled Location The term Scheduled Location means the insured locations identified on the declarations. Temporary Worker The term Temporary Worker means a person who is furnished to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Termination Date The term Termination Date means the effective date and hour of cancellation or nonrenewal of this Policy and the Policy Period as described in Section VII. Conditions. EIL001 0712 | 2 |
Environmental Impairment Lial Third Partyies The term Third Partyies means any person or persons who are not Insureds Affiliates or contractors including without limitation any affiliates employees Leased Workers or Temporary Workers of such contractors of the Insured. Transported Cargo The term Transported Cargo means Cargo after it is moved from the place where it is accepted for movement into or on to the Covered Auto until the Cargo is moved from the Covered Auto to the place where it is finally delivered. Transported Cargo also includes Cargo during the loading and unloading to or from a Covered Auto provided that the loading or unloading is performed by the Insured. Transported Cargo does not include Cargo at rest for a period of longer than seventy two 72 hours after it has been accepted for movement into or onto a Covered Auto but before it reaches the place of final delivery. EXCLUSIONS This policy does not cover any Claims arising out of based upon resulting from or with respect to Acts of War The consequence of war invasion hostilities whether war be declared or not civil war rebellion revolution insurrection or military or usurped power strike riot or civil commotion. Asbestos Any Claim arising out of the existence of asbestos products fibers or asbestos dust unless specifically endorsed onto this Policy or Automobiles Any Claim arising out of the ownership maintenance use operation loading or unloading of any Auto aircraft watercraft or rolling stock except when on or at a Scheduled Location or Certain Damages Punitive or exemplary damages multiplied damages assessments fines or penalties including those arising from criminal actions. Compliance Actions and Improvements EIL001 0712 | 2 |
Environmental Impairment Lial Funds spent for additions equipment upgrades or physical improvements to the Scheduled Location or other property of the nsured undertaken voluntarily or to assure future compliance with applicable laws rules or regulations. Contractual Liability The liability of others assumed by an Insured under any contract or agreement unless the liability of such nsured would exist in the absence of a contract or agreement. Course of Employment Any injury e to any Affiliates in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or e to the spouse child parent brother sister personal representative guardian or other party authorized to act on behalf of the injured party as a consequence of the injury. Insured versus Insured By any past or present nsured against any Insured. This exclusion does not apply to additional Insureds under this Policy. Intentional or lllegal Acts Any Insured s e intentional willful deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of any governmental agency or body or o dishonest illegal fraudulent or criminal act. Known Conditions Any Pollution Conditions Discovered prior to the inception of this Policy. This exclusion does not apply to Pollution Conditions disclosed to the Company prior to the inception of this Policy and specifically listed by endorsement. EIL001 0712 | 2 |
Environmental Impairment Lial Lead Based Paint Any Claim arising out of the existence required removal or abatement of lead paint unless specifically endorsed onto this Policy or Mold Any Claim arising directly or indirectly out of or in concurrence with actual alleged or threatened existence growth spread proliferation discharge dispersal seepage release or escape of any form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi unless specifically endorsed onto this Policy or Silica Any Claim arising out of exposure to or inhalation ingestion or respiration of silica or products or substances containing silica or silicon dioxide in any form including but not limited to silica dust sand or otherwise or work involving the use of or handling of silica or silicon dioxide in any form unless specifically endorsed onto this Policy or Subsequent to Property Transfer A Pollution Condition that is Discovered subsequent to the time the Named Insured has sold given away abandoned condemned or otherwise transferred the Scheduled Location unless specifically listed by endorsement. Transportation The ownership maintenance use operation loading or unloading of any form of transportation beyond the legal boundaries of a Scheduled Location unless specifically listed by endorsement. Underground Storage Tanks The existence of any underground storage tanks and associated underground piping at a Scheduled Location but only if the Named Insured had Discovered such underground storage tanks at the time of inception of the Policy. This exclusion does not apply to underground storage tanks and associated underground piping when endorsed onto this Policy. EIL001 0712 | 2 |
Environmental Impairment Lial Workers Compensation Any obligation of the nsured under a workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law. Wrongful Delivery Any Claim arising out of the delivery of any Cargo into the wrong receptacle or to the wrong address or the delivery of one type of Cargo in error for another. LIMITS OF INSURANCE The limits of this insurance are presented in the following sections regarding Maximum Limits of Liability and separate limits of liability. Maximum Limits of Liability The Company s total liability hereunder for all Liabilities Cleanup Costs and Defense Expenses shall not exceed the Aggregate Limit specified in the Declarations irrespective of any of the following The number of Claims made The number of persons or organizations making claims The number of persons covered hereunder The number of actual or alleged Pollution Conditions or The number of times Cleanup Costs or Liabilities are incurred. Limits of Liability As specified in the Maximum Limits of Liability above and in the Declarations The Per Pollution Condition Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy for any Claims resulting from the same or related Pollution Conditions. The Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay under this Policy. The Limits of Insurance shown in the Declarations shall apply in excess of the Self Insured Retention amount shown in the Declarations. If this Policy and any other policy providing coverage issued by the Company or any affiliate of the Company apply to the same Pollution Condition or related Pollution Conditions the aggregate maximum amount payable under all of such EIL001 0712 | 2 |
Environmental Impairment Lial Settlement policies combined shall be limited to the amount of the highest applicable Per Pollution Condition Limit payable under any one of the policies. In the event that the Company or any affiliate of the Company issues a subsequent Pollution Legal Liability Policy to the nsured which provides substantially the same coverage as this Policy all Pollution Conditions including related Pollution Conditions Discovered after the Policy Period Discovered and reported to the Company under any of these policies shall be deemed to have been Discovered and reported under this Policy during the Policy Period. As aresult the Company shall have no further obligation for the Pollution Condition and the related Pollution Conditions under all of the policies once the Company pays an amount equal to the Single Pollution Incident Limit of this Policy. Coverage under this Policy for such Pollution Conditions shall not apply unless the nsured has maintained with the Company or any affiliate of the Company a Pollution Legal Liability Policy providing substantially the same coverage as this Policy on a continuous uninterrupted basis since the Pollution Condition was Discovered and reported to the Company. For the purposes of this Policy related Pollution Conditions are those which arise out of are based on relate to or are in consequence of the same facts circumstances or situations. If the Company recommends a settlement of a Claim e for an amount within the Self Insured Retention and the nsured refuses such settlement the Company shall not be liable for any Cleanup Costs Liability or Defense Costs or other coverages in excess of the Self Insured Retention or e for a total amount in excess of the Self Insured Retention and the nsured refuses such settlement the Company s liability for Cleanup Costs Liabilities or Defense Costs or other coverages shall be limited to that portion of the recommended settlement and the costs charges and expenses as of the date nsured s refusal that exceed the Self Insured Retention and fall within the Limits of Liability. EIL001 0712 | 2 |
Environmental Impairment Lial SELF INSURED RETENTION The Company s obligation for Liabilities Cleanup Costs and Defense Costs shall only be in excess of the Self Insured Retention Amounts for the Policy and per Claim as specified in the Declarations for the same or related Pollution Conditions. The Self Insured Retention shall be applied as shown in the Declarations. The Self Insured Retention is to be paid by the nsured and is not to be insured by the Company unless specifically listed by endorsement. The Insured shall promptly reimburse the Company for advancing any element of Liability Cleanup Costs or Defense Costs falling within the Self Insured Retention. VI. EXTENDED REPORTING PERIOD The following section describes the automatic and extended reporting period provisions of this Policy. Automatic Extended Reporting Period The Insured is entitled to an Automatic thirty 30 day Extended Reporting Period for no additional premium upon cancellation or non renewal of this Policy in accordance with the terms of this section. The Automatic Extended Reporting Period shall apply to Claims first made within the Automatic Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Automatic Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the right to the Automatic Extended Reporting Period if e The Policy was cancelled due to non payment of premium fraud or material misrepresentation or e The Insured purchases other insurance to replace this Policy. EIL001 0712 | 2 |
Environmental Impairment Lial Optional Extended Reporting Period The Insured may purchase an Optional Extended Reporting Period upon cancellation or non renewal of the Policy subject to the following terms and conditions The Insured makes a written request for an Optional Extended Reporting Period that the Company receives within thirty 30 days of the Termination Date and The Insured pays the Company an additional premium to be determined by the Company within thirty 30 days of the Termination Date. Such additional premium charge may not exceed 200 of the policy premium stated in the Declarations. The maximum Optional Extended Reporting Period may at the election of the Insured be for a period of up to thirty six 36 months from the Termination Date applicable to any Scheduled Location. The Optional Extended Reporting Period shall apply to Claims first made within the Optional Extended Reporting Period but only with respect to Pollution Conditions that a are Discovered and reported during the Optional Extended Reporting Period and b commenced during the Policy Period or after the Retroactive Date if any. The Insured shall not have the option to purchase the Optional Extended Reporting Period if e The Policy was cancelled due to non payment of premium fraud or material misrepresentation or e The Insured purchases other insurance to replace this Policy. In the event that the Optional Extended Reporting Period is purchased by the Insured the Optional Extended Reporting Period shall run concurrent to the Automatic Extended Reporting Period and shall not be in addition to the Automatic Extended Reporting Period. EIL001 0712 20 | 2 |
Environmental Impairment Lial VIl. CONDITIONS The following sections describe the conditional provisions of this Policy. Notice of Pollution Conditions and Claims The Named Insured shall immediately provide written notice of any Pollution Conditions Discovered or Claim received. Such written notice shall be given to the Company in care of Claims Berkley Custom Insurance Managers 3 Stamford Plaza 301 Tresser Blvd. 6 Floor Stamford CT 06901 E mail feiclaimsberkleycustom.com Fax 855 999 0797 Toll Free Phone 855 597 7616 shall contain complete details regarding the Pollution Condition or Claim including but not limited to o The exact date the Pollution Condition was Discovered or the Claim was made its nature and location and circumstances giving rise to such Claim or Discovery o All information relating to the cause of the Pollution Conditions including the Bodily Injury Property Damage or Cleanup Costs that have resulted or may result from such Pollution Conditions all engineering information available on the Pollution Conditions and any other information that the Company deems reasonably necessary. o All demands summonses notices or other process or papers filed with a court of law administrative agency or an investigative body o The names and addresses of all parties asserting a Claim and all persons with knowledge of the Claim and Pollution Condition and o All other information in the possession of the Insured or its Affiliates regarding the Pollution Conditions the Discovery and the Claim. EIL001 0712 21 | 2 |
Environmental Impairment Lial The duties of the nsured hereunder may not be delegated. Nothing contained herein shall relieve the Insured from any obligation including any notification requirements it may have pursuant to applicable laws rules or regulations. Written notice shall be given whether or not the Named Insured believes that a Pollution Condition or Claim will result in a demand that falls under or in excess of the Self Insured Retention. When a Pollution Condition or other circumstance requires an Insured to undertake emergency Mitigation Actions as described in this section the Named Insured must immediately provide written notice to the Company upon undertaking such emergency Mitigation Actions. Defense and Cooperation and Assistance of the Insured The Company has the right and the duty to defend the Insured against any Claim resulting from a Pollution Condition and may in its sole discretion investigate and settle such Claims. The Company shall have the right to designate legal counsel for the investigation adjustment and defense of Claims. Each Insured shall fully cooperate with and offer all reasonable assistance to the Company with respect to the investigation defense settlement arbitration or appeal of any Claim. Such cooperation shall include full access to the Company to interview Affiliates as well as inspect any property of the Insured. No Insured shall be indemnified hereunder for loss of earnings incurred in such cooperation or assistance unless provided in an endorsement nor shall such loss of earnings apply towards the satisfaction of the Self Insured Retention. In no event shall this paragraph be deemed to require the nsured to share documents or information in a manner that would result in the waiver of any legally sanctioned privilege. The Company s duty to defend the Insured shall terminate when the Company establishes i the absence of coverage under the terms and conditions of this Policy or ii the Limits of Liability have been exhausted. In such EIL001 0712 22 | 2 |
Environmental Impairment Lial Inspection circumstance the Company shall take reasonably appropriate steps to transfer control of any existing defense to the Named Insured. The Company has the right upon reasonable advance notice to inspect the Scheduled Locations at any time. Neither the Company s right to inspect the Scheduled Locations any actual inspection performed pursuant to this right nor any report resulting from any inspection shall constitute an undertaking on behalf of the Insured or any other party to determine or warrant that the property or operations are safe healthful or conform to acceptable engineering practice or are in compliance with any law rule or regulation. The Insured will provide appropriate assistance to the Company during any inspection. Actions Prejudicial to the Company In the event of a Claim no Insured shall undertake any of the following actions without the Company s prior written consent Engage counsel to provide legal representation e Assume any obligation Admit or in any manner acknowledge liability e Effectuate or attempt to effectuate compromise or settlement including but not limited to entering into a consent decree involving the assignment of any Insured s interest under this Policy or e Except for emergency Mitigation Actions described in this section initiate or modify ongoing Corrective Actions or Restorative Actions. Any of the foregoing actions by any Insured shall be deemed to materially prejudice the Company s rights. Where the written approval of the Company is required for Corrective Actions or Restoration Actions such consent shall not be unreasonably withheld or delayed. Mitigation Actions The Named Insured shall make all reasonable efforts to abate stop prevent or reduce the Liabilities Cleanup Costs and Defense Costs caused by any Pollution Conditions. These efforts e May be taken only with the prior written consent of the Company and e Shall commence immediately when a Pollution Condition is Discovered. EIL001 0712 23 | 2 |
Environmental Impairment Lial Subrogation Such mitigation efforts must be undertaken even in the absence of a Claim. The prior written approval of the Company shall not be required to take any action in the event of a Pollution Condition that presents an immediate dangerous and significant threat to human health or the environment where any delay by the Insured would cause further injury to persons or damage to property or increase significantly the cost of responding to a potential Claim. At any time after the Company receives notification of a Claim the Company may require its prior written approval before the nsured may incur any additional Cleanup Costs or other costs or expenses. In the event that the Company pays any amount under this Policy the Company shall be subrogated to all of each Insured s rights of recovery against any person firm or organization. All nsureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. No Insured shall do anything to waive or prejudice such rights. Named Insured as Agent Assignment The Named Insured specified in the Declarations shall be deemed the agent of each Insured with respect to all matters involving this Policy however the Company shall have the right to seek indemnification from any Insured or any other person who may be legally liable for the actions of the Named Insured. This Policy may be assigned only with the prior written consent of the Company. Such written consent shall not be unreasonably withheld or delayed by the Company. No Action Against Company No third party action shall lie against the Company unless as a condition precedent thereto each Insured has fully complied with all the provisions of the Policy nor until the amount of the nsured s obligation to pay has been finally determined either by written agreement of the Insured the Company and the party asserting the Claim or by final judgment against the nsured after the actual trial of the issues and the period of time to appeal has elapsed without an appeal having been taken or if an appeal has been taken then until after such appeal has been adjudicated. Any person or organization or the legal representative thereof that has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by the Policy. No person or organization shall have any EIL001 0712 24 | 2 |
Environmental Impairment Lial right under this Policy to join the Company as party to any action against the Insured to determine the nsured s liability nor shall the Company be impleaded by the Insured or his legal representative. Changes Cancellation Nonrenewal No provision of this Policy may be amended waived or otherwise changed except by endorsement hereto and the written agreement of the Named Insured and the Company. The Named Insured may cancel this Policy by mailing to the Company written notice stating when thereafter such cancellation shall become effective. The Termination Date shall be the date stated in such written notice. The Company may cancel this Policy for e fraud or material misrepresentation by an Insured e material change in the nature or extent of the risk involved hereunder or e failure to pay premium. In the event of cancellation for any reason other than failure to pay premium the Company shall provide written notice stating when not less than thirty 30 days thereafter such cancellation shall become effective. In the event the Named Insured fails to pay premium under this Policy the Company shall provide not less than ten 10 days written notice of cancellation of the Policy. The Termination Date shall be the date stated in any such written notice. The mailing of notice to the last known address of the nsured in the manner provided herein or hand delivery to such address shall be sufficient proof of notice. In the event of cancellation by the Named Insured the earned premium shall be computed in accordance with the customary short rate table. In the event of cancellation by the Company the earned premium shall be computed pro rata. The Company will tender any return premium subject to retaining a minimum earned premium equal to 25 of the amount specified in the Declarations unless modified by endorsement. Premium adjustment may be made either at the time cancellation is effective or as soon as practicable thereafter but neither tender of the unearned premium nor return of this Policy shall be a condition to cancellation hereunder. EIL001 0712 25 | 2 |
Environmental Impairment Lial The Company may non renew this Policy by mailing or delivering to the Named Insured written notice of nonrenewal at least sixty 60 days before the expiration date of this Policy. The Termination Date shall be the date stated in such nonrenewal notice. Additional Premiums If during this Policy Period an increase in the risk or hazards covered hereunder occurs the Company shall have the right to charge an appropriate additional premium or to cancel the Policy. Representations and Covenants The Named Insured acknowledges and agrees that e The information warranties and representations contained in the application submitted by the Insured as well as in all supplemental documents provided herewith are true correct and complete and e The Company has issued this Policy in specific reliance upon the truth and accuracy of the warranties and representations contained in the application. e A signed copy of the application is kept on file by the Company. e All activities of the Insured have been and will be conducted in full compliance with Environmental Laws. The application the declarations and endorsements if any are incorporated into and are part of this Policy and embody all agreements existing between the Named Insured and the Company and supersede all prior agreements whether written or oral expressed or implied. EIL001 0712 26 | 2 |
Environmental Impairment Lial Other Insurance If any part of Liabilities Cleanup Costs or Defense Costs or other coverage afforded by endorsement is insured under this Policy and any other current prior or subsequent policy that is not issued by the Company or an affiliate of the Company this Policy shall provide coverage for such Liabilities Cleanup Costs Defense Costs or other coverage afforded by endorsement in proportion to the applicable Limits of Liability of this Policy and those of such other policy or policies. Concealment or Fraud If the Insured wilfully concealed or misrepresented any fact or circumstance material to the granting of coverage under this Policy this entire Policy shall be void. Separation of Insured Except with respect to the Limits of Liability and any rights or duties specifically assigned to the Named Insured this Policy applies e Asif each Named Insured were the only Named Insured and e Separately to each Insured against whom a Claim is made. EIL001 0712 27 | 2 |
Common Policy Declarations Admiral Insurance Company Policy Number FEI PPL17496 04 Renewal Of FEI PPL17496 03 Named Insured Program Administrator Crest Industrial Chemicals Inc. Freberg Environmental Inc. 1737 County Road 57 2000 S. Colorado Blvd. Tower II Suite 800 Rosharon TX 77583 Denver Colorado 80222 Policy Period From 8292017 To 8292018 A 1201 am Standard Time at your mailing address shown above In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. This policy consists of the following Coverage Parts as indicated Premium Products Pollution Environmental Impairment Liab Covered Commercial General Liabi Covered Contractors Pollution Liability Covered Total Coverage Part Premium 13562 Terrorism Premium Not Covered Total Premium 13562 State Fee Not Applicable FORMS APPLICABLE TO ALL COVERAGE PARTS See Schedule of Forms and Endorsements and attached State specific Surplus Lines Warning where applicable. These declarations together with the common policy conditions coverage part declarations coverage part coverage formss and forms and endorsements if any issued to form a part thereof complete the above numbered policy. als Inc. wer IT Suite 800 From 8292017 To 8292018 Issue Date 972017 By Authorized Representative ECC309 0712 | 2 |
Coverage Part Declarations Policy Number FEI PPL17496 04 Renewal Of FEI PPL17496 03 Coverage Parts Attached indicated with X Coverage Part Policy Type X Products Pollution Environmental Impairment Liability Claims Made Form X Commercial General Liability Occurrence Form X Contractors Pollution Liability Occurrence Form Limits of Insurance Regardless of the number of Coverage Parts written under this policy or applicable to any one Occurrence Claim Wrongful Act or Pollution Condition the Limits of Insurance shown below apply once for the entire policy and not separately for each Coverage Part. Applicable to Products Pollution Environmental Impairment Liability Coverage Parts Only 1000000 Per Pollution Conditions Limits 1000000 Aggregate Pollution Condition Limits Applicable to Commercial General Liability Coverage Parts Only 1000000 Personal and Advertising Injury Limit 1000000 Damages Limit for Each Occurrence of Claim 2000000 General Aggregate Limit Other than Products Completed Operations 2000000 Products Completed Operations Aggregate Limit 300000 Fire Damage Limit Any one Fire 5000 Medical Expense Limit Any One Person Applicable to Contractors Pollution Liability Coverage Parts Only 1000000 Damage Limit for Each Occurrence Claim or Pollution Condition Claims 1000000 Claims Expense Limit for Each Claim 1000000 General Aggregate Limit 1000000 Claims Expense Aggregate Limit Deductible SIR Coverage Amount Type Products Pollution Environmental Impairment Liability 10000 Per Claim Commercial General Liability 5000 Per Occurrence Deductible Contractors Pollution Liability 5000 Per Pollution Condition Deductible Retroactive Dates Coverage Retroactive Date Products Pollution Environmental Impairment Liability 8292013 Commercial General Liability Not Applicable Contractors Pollution Liability Not Applicable Premium Schedule Estimated Annual Gross Receipts 2400000 Rate Flat Minimum Deposit Policy Period Minimum Earned Premium 3390 v Premium Form of Business X Corporation Joint Venture Individual Partnership LLC Other e Parts Only Claim oducts Completed Operations gate Limit e Parts Only aim or Pollution Condition Claims ECC310 0712 | 2 |
ADMIRAL n.wf Commercial General Liability Coverage Form Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section IT Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may at our discretion investigate any occurrence and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section III Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. This insurance applies to 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 2 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 IT Who Is An Insured and no employee authorized by you to give or receive Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 0 |
Commercial General Liability Coverage Form ADMIRAL 5505 Commercial General Liability Coverage Form notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of Section II 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. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injury include damages claimed by any person or organization 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. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in Copyright ISO Properties Inc. 2003 CG 0001 12 04 All rights reserved. | 1 |
ADMIRAL..a.zwf Commercial General Liability Coverage Form an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of 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 expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL 25izzise Commercial General Liability Coverage Form a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However 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 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for i Any insured or Any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any Copyright ISO Properties Inc. 2003 All rights reserved. contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or CG 00011204 Commercial General Liability Coverage Form | 1 |
Commercial General Liability Coverage Form ADMIRAL 25izzise other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor ii Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or iii Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e Ator from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. 2 Any loss cost or expense arising out of any a Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. g. Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL. a mwf Commercial General Liability Coverage Form others of any aircraft auto or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 26 feet long and b Not being used to carry persons or property for a charge 3 Parking an auto on or on the ways next to premises you own or rent provided the auto is not owned by or rented or loaned to you or the insured 4 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft or 5 Bodily injury or property damage arising out of a The operation of machinery or equipment that is attached to or part of a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged or b the operation of any of the machinery or equipment listed in Paragraph.2 or.3 of the definition of mobile equipment. Mobile Equipment Bodily injury or property damage arising out of 1 The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured or 2 The use of mobile equipment in or while in practice for or while being prepared for any prearranged racing speed demolition or stunting activity. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Copyright ISO Properties Inc. 2003 CG 0001 12 04 All rights reserved. Commercial General Liability Coverage Form | 1 |
ADMIRAL. a mwf Commercial General Liability Coverage Form 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section IIT Limits Of Insurance. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL. a mwf Commercial General Liability Coverage Form Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal and Advertising Injury Bodily injury arising out of personal and advertising injury. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 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. Exclusions. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may at our discretion investigate any offense and settle any claim or suit that may result. But 1 The amount we will pay for damages is limited as described in Section III Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL..z.wf Commercial General Liability Coverage Form No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Exclusions This insurance does not apply to a. Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge of Falsity Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior to Policy Period Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Contractual Liability Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Breach of Contract Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality or Performance of Goods Failure to Conform to Statements Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description of Prices Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Copyright ISO Properties Inc. 2003 CG 0001 12 04 All rights reserved. Commercial General Liability Coverage Form | 1 |
ADMIRAL 25izzise Commercial General Liability Coverage Form However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Electronic Chatrooms or Bulletin Boards Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Pollution Related Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. War Personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL..z.wf Commercial General Liability Coverage Form 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 1 The accident takes place in the coverage territory and during the policy period 2 The expenses are incurred and reported to us within one year of the date of the accident and 3 The injured person submits to examination at our expense by physicians of our choice as often as we reasonably require. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for 1 First aid administered at the time of an accident 2 Necessary medical surgical x ray and dental services including prosthetic devices and 3 Necessary ambulance hospital professional nursing and funeral services. 2. Exclusions We will not pay expenses for bodily injury a. Any Insured To any insured except volunteer workers. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Injury on Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. Workers Compensation and Similar Laws To a person whether or not an employee of any insured if benefits for the bodily injury are payable or must be provided under a workers compensation or disability benefits law or a similar law. Copyright ISO Properties Inc. 2003 CG 0001 12 04 All rights reserved. Commercial General Liability Coverage Form | 1 |
ADMIRAL..z.wf Commercial General Liability Coverage Form e. Athletics Activities To a person injured while practicing instructing or participating in any physical exercises or games sports or athletic contests. Products Completed Operations Hazard Included within the products completed operations hazard. Coverage A Exclusions Excluded under Coverage A. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend a. b. All expenses we incur. Up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in the suit. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee Copyright 1SO Properties Inc. 2003 CG 00011204 All rights reserved. Commercial General Liability Coverage Form | 1 |
Commercial General Liability Coverage Form ADMIRAL 25izzise e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settlements or b. The conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL..a.zwf Commercial General Liability Coverage Form A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 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 d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL..a.zwf Commercial General Liability Coverage Form 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 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION il LIMITS OF INSURANCE 1 The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. 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. Damages under Coverage B. The Products Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL. a mwf Commercial General Liability Coverage Form Subject to 2. above the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Subject to 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of a. Damages under Coverage A and b. Medical expenses under Coverage C because of all bodily injury and property damage arising out of any one occurrence. Subject to 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A 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. Subject to 5. above the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of bodily injury sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS 1 Bankruptcy Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. Duties In The Event of Occurrence Offense Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. Ifa 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. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL 25izzise Commercial General Liability Coverage Form c. d. You must see to it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 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. b. To join us as a party or otherwise bring us into a suit asking for damages from an insured or To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part our obligations are limited as follows a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary our obligations are not affected unless any of the other insurance is also primary. Then we will share with all that other insurance by the method described in c. below. Excess Insurance This insurance is excess over 1 Any of the other insurance whether primary excess contingent or on any other basis a That is Fire Extended Coverage Builder s Risk Installation Risk or similar coverage for your work Copyright ISO Properties Inc. 2003 CG 0001 12 04 All rights reserved. Commercial General Liability Coverage Form | 1 |
ADMIRAL. Commercial General Liability Coverage Form b That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner or d If the loss arises out of the maintenance or use of aircraft autos or watercraft to the extent not subject to Exclusion g. of Section I Coverage A Bodily Injury And Property Damage Liability. 2 Any other primary insurance available to you covering liability for damages arising out of the premises or operations or the products and completed operations for which you have been added as an additional insured by attachment of an endorsement. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. 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 all that other insurance. We will share the remaining loss if any with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. Method of Sharing If all of the other insurance permits contribution by equal shares we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains whichever comes first. If any of the other insurance does not permit contribution by equal shares we will contribute by limits. Under this method each insurer s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit We will compute all premiums for this Coverage Part in accordance with our rules and rates. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL 25izzise Commercial General Liability Coverage Form b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured.. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us and c. We have issued this policy in reliance upon your representations. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. SECTION V DEFINITIONS 1 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL 25izzise Commercial General Liability Coverage Form All rights reserved. a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. 4. Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All other parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or 3 Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in a suit on the merits in the territory described in 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 holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 7. Hostile fire means one which becomes uncontrollable 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 deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling 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 premises that indemnifies any person or organization for damage by fire Copyigh IS0 Propertes ne. 2003 CG00011204 Commercial General Liability Coverage Form | 1 |
Commercial General Liability Coverage Form ADMIRAL 25izzise to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 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 insured s rendering or failure to render professional services including those listed in 2 above and supervisory inspection architectural or engineering activities. 10. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11. 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 watercraft or auto to the place where it is finally delivered Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL. mwf Commercial General Liability Coverage Form but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vebhicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not 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 cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
Commercial General Liability Coverage Form ADMIRAL 25izzise 13. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 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 Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
ADMIRAL..a.zwf Commercial General Liability Coverage Form 17. 18. 19. 20. 21. 2 The existence of tools uninstalled equipment or abandoned or unused materials or 3 Products or operations for which the classification listed in the Declarations or in a policy schedule states that products completed operations are subject to the General Aggregate Limit. 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 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. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or A person or organization whose business or assets you have acquired and Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
Commercial General Liability Coverage Form ADMIRAL 25izzise 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions.. Does not include vending machines or other property rented to or located for the use of others but not sold. 22. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Commercial General Liability Coverage Form Copyright ISO Properties Inc. 2003 CG 00011204 All rights reserved. | 1 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy Contractors Pollution Liability Policy The insurance company shown in the Declarations hereinafter the Company in consideration of the payment of the premium and the undertaking of the named insured to pay the Deductible described hereunder in reliance upon all representations and warranties contained in the application attached hereto and made a part of this Policy including any addendum or addenda thereto and subject to all provisions of this Policy subsequently set forth agrees with the named insured as follows I. INSURING AGREEMENTS A. COVERAGE AND DEFENSE The Company shall pay on behalf of the insured those damagesfor bodily injury or property damage in excess of the Deductible that the insured becomes legally obligated to pay 1. If the damages result from a pollution condition at any site where any insured or any independent contractor working on behalf of any insured is performing or has performed any contracting or remediation operations anywhere in the world and 2. Ifthe pollution condition is first incurred during the policy period of this Policy. 3. Ifon or prior to the effective date of this Policy no insured had any knowledge of any circumstances which could reasonably be expected to give rise to a claim and 4. If the pollution condition was unexpected and unintended from the standpoint of the insured. The Company will pay all claims expenses in excess of the Deductible for all claims covered under the terms of this Policy. The Company shall have both the right and duty to provide for the defense of the insured with respect to a claim made against the insured in the United States of America its territories or possessions or Canada falling under the purview of all of the foregoing requirements. The Company shall also have the exclusive right to investigate such claim to designate and appoint all legal counsel to defend the insured and to otherwise control the defense thereof. Copyright All rights 000 Freberg Environmental Inc. reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy If a claim is made against any insured such as is described in the immediate foregoing other than in the United States of America its territories or possessions or Canada the Company shall have the right but not the duty to provide for the defense of such claim. If the Company elects not to provide for the defense of such claim the named insured under the supervision of the Company shall have the duty to make or cause to be made such investigation and defense as are necessary and subject to prior authorization by the Company effectuate settlement. In such eventuality the Company shall indemnify the named insured for claims expenses incurred and damages and supplementary payments paid in excess of the Deductible. The Company shall have the exclusive right hereunder to negotiate and effectuate the settlement of all claims as it deems expedient whether under or in excess of the Deductible but it shall not commit the named insured to any settlement without the named insured s consent. If however the named insured refuses to consent to a settlement recommended by the Company and elects to contest such claim or continue legal proceedings in connection therewith the Company s liability shall be limited to the sum of the amount for which the c aim could have been settled and all claims expense incurred up to the time of such refusal which is in excess of the Deductible. The Company s duty to provide for the defense of any insured to pay damages on behalf of any insured or to make any payment pursuant to Section LB. Supplementary Coverages and Payments shall immediately terminate 1. If the Limits of Insurance of this Policy become exhausted by payment of damages or claims expenses or 2. If the named insured fails to fulfill its Deductible obligation as imposed by Section IV. Deductible or 3. Ifthe application attached hereto and made a part of this Policy including any addendum or addenda thereto contains any material misrepresentation of fact. B. SUPPLEMENTARY COVERAGES AND PAYMENTS With respect to such insurance as is afforded by this Policy the Company shall pay in addition to the applicable limit of liability all of the following 1. All premiums on bonds to release attachments and appeal bonds limited to that portion of such bond that does not exceed the limit of liability of this Copyright All rights 000 Freberg Environmental Inc. reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy Policy but without any obligation of any kind upon the Company to apply for secure or furnish any such bonds. Pre judgment interest and post judgment interest on the full amount of any judgment that accrues after entry of the judgment and before the Company has paid offered to pay or deposited in court the part of the judgment that is covered and within the applicable Per Claim or Aggregate Limit of Liability. However the maximum amount of pre judgment or post judgment interest the Company will pay under this Policy will be the portion of pre judgment or post judgment interest accrued on damages covered by this Policy. All reasonable expenses incurred by any insured at the Company s request in assisting the Company in the investigation and defense of any claim other than loss of earnings salaries or other compensation paid to the named insured s officers or employees except as provided in Paragraph 5. below. All costs assessed against any insured in any suit covered under this Policy. Defendant s Reimbursement The Company will pay an amount of 500 to each insured for each day or part of a day that any insured attends as a witness at any trial deposition or interrogatory at which the Company has requested the insured s attendance or when such attendance is required by the court. This payment shall only apply to appearances involving claims against an insured. The maximum amount payable for all such appearances made during the policy period shall not exceed 5000 as a total aggregate regardless of how many appearances are actually made during the policy period or how many different insureds make appearances and regardless of any other fact circumstance or situation. Coverage for fines or penalties The Company will reimburse the named insured for the amount of any fine or penalty which is levied against any insured and is paid by the insured during the policy period by the Environmental Protection Agency any state or local environmental regulatory agency or any other governmental official or regulatory agency or any court. The maximum total amount the Company will pay for reimbursement for all fines or penalties combined which are levied and paid during the policy period will be 50000 regardless of the actual number of fines or penalties levied or paid or the actual amount of any fine and regardless of any other fact or circumstance. Reimbursement shall not be available whenever the applicable law provides that a particular fine or penalty is uninsurable as a matter of law. Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy For Supplementary Coverages numbers 7. 8. 9. and 10. below it is agreed that any and all payments made for any of these shall be included within and shall not be in addition to the applicable limit of liability. 7. Automatic coverage for newly formed or acquired entities The coverage provided under this Policy shall apply on behalf of any entity which is newly formed or newly acquired by the named insured subsequent to the inception date of the policy period. Coverage shall be provided only to those newly formed or newly acquired entities for which as of the date of formation or acquisition the named insured directly owns fifty percent 50 or more of the outstanding stock or other equity or ownership interest. It is agreed that there shall only be coverage for those claims that arise from pollution conditions which arise subsequent to the date of formation or acquisition. The named insured agrees to advise the Company of any newly formed or acquired entity within ninety 90 days of the date of formation or acquisition. The named insured agrees to accept any coverage terms or reasonable additional premium which the Company may require relative to the newly formed or acquired entity. Coverage for indemnification of clients Whenever any written contract or written job specifications provide that the named insured shall indemnify the client for or hold the client harmless or free from any damages or claims expense which are due to a pollution condition which arises out of the named insured s operations the Company will pay on behalf of the named insured those damages or claims expense that must be paid to indemnify the client. Vicarious liability coverage The coverage provided under this Policy shall apply on behalf of all insureds for pollution conditions arising out of operations performed by any entity or individual for whom any insured is legally liable as long as the operations were performed on or after the effective date shown on the Policy Declarations Page or on an endorsement to the Policy but prior to the end of the policy period.. Response costs coverage In accordance with and in support of the duties of the named insured to mitigate damages as described in Section VI Conditions Paragraph G. Mitigation the Company will reimburse the named insured for all costs expended by the named insured in fulfilling the named insured s duties of mitigation subject to the following limitations Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy a. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured in efforts to abate stop prevent or reduce the damages emanating from a pollution condition caused directly or indirectly by any insured. b. The only costs that will be reimbursed by the Company are those costs that are expended by the named insured on or after the date that the named insured first becomes aware of the pollution condition until that date that the named insured first has a reasonable opportunity to report the incident circumstances or claim to the Company. c. Nothing in this provision shall in any way alter modify or change the duty of the named insured to give notice of claims to the Company pursuant to Section VI. Conditions Paragraph A. Notice of Claim. DEFINITIONS Bodily Injury Claim Claim Expenses Damages Words and phrases in italics in this Policy have the following special meaning. The term Bodily injury means sickness disease mental anguish or shock sustained by any person including death resulting therefrom caused by a pollution condition arising out of the performance by any insured of operations covered by this policy. The term claim means an oral or written notice to the named insured from any party intending to hold any insured responsible for damages arising out of a pollution condition. The term claim expenses shall mean all costs charges and expenses resulting from the adjustment appraisal investigation defense settlement arbitration or appeal of any claim covered by the terms and conditions of this Policy if such costs charges and expenses are incurred by the Company an attorney designated by the Company or by any insured with the written consent of the Company except that it shall not include the costs of investigating or administering any claim by employees of the Company or loss of earnings incurred by any insured in investigating defending settling arbitrating or appealing any claim at the Company s direction except as provided in Section I.B. Supplementary Coverages and Payments Paragraph 5. Defendant s Reimbursement. The term damages shall mean a judgment award or settlement monetarily compensating a claimant for a claim covered by the terms and conditions of this policy and shall include damages based upon emotional distress. Damages also includes any loss due to diminuation in value or loss of use of land property or buildings. Damages does not include any of the following 1. Any administrative civil or criminal fines sanctions taxes or penalties whether pursuant to law or statute except to the extent coverage for Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 Bodily Injury Claim Claim Expenses Damages | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy Insured Copy Al rights reserved. reimbursement for fines or penalties is provided under Section L.B. Supplementary Coverages and Payments Paragraph 6 Coverage for fines or penalties Restitution reduction disgorgement set off return or payment of any form of any consulting fees or payments or any other costs expenses or charges Any loss of income or revenue to the named insured regardless of the cause or reason for the loss of income or revenue except as provided in Section 1.B. Supplementary Coverages and Payments Paragraph 5. Defendant s reimbursement Any form of non monetary judgments or relief including but not limited to specific performance or any injunctive relief of any kind Any amount of any civil judgment which is or represents any multiple of any kind of damage award including but not limited to the two thirds portion of any award of treble damages. The term nsured means 1. 2. The named insured and A director or officer of the named insured but only while acting in their respective capacity as such and An employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured in the employee s capacity as such and A former director officer or employee of the named insured but only with respect to services performed or failed to have been performed on behalf of the named insured prior to the termination of that respective capacity and The current spouse of any current owner director or officer of the named insured and The heirs executors administrators and legal representatives of each insured in the event of death incapacity or bankruptcy but solely with respect to the liability of each insured as otherwise covered by this Policy and A limited liability company if the named insured or any other insured exists as such along with all past and present members of any such limited liability ght 2000 Freberg Environmental Inc. ECC311 0712 Insured | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy Named Insured Policy Period Policy Year Pollution Condition Property Damage Waste company but only with respect to professional services performed or failed to have been performed on behalf of the named insured. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a named insured in the Declarations. The term named insured shall mean the proprietor partners or organization specified in the Declarations. The term policy period means the period set forth in the Declarations or any shorter period arising as a result of cancellation. The term policy year means the separate annual year period whenever the policy period set forth in the Declarations is either for a two or three year time period. The term pollution condition means the discharge dispersal release or escape of smoke vapors fumes acids alkalis toxic chemicals liquids or gases waste materials or other irritants contaminants or pollutants into or upon land the atmosphere or any watercourse or body of water which results in bodily injury or property damage. A continuous related repeated or similar series of discharges dispersals releases or escapes of pollutants at or from a site shall constitute a single pollution condition. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Term property damage means 1. Physical injury to or destruction of tangible property including the resulting loss of use thereof and 2. Costs expended by the named insured to evaluate investigate clean up remediate or monitor any environmentally contaminated site. 3. Loss of use of tangible property that has not been physically injured or destroyed provided that such physical injury or destruction clean up costs andor loss of use are caused by a pollution condition arising out of the performance by the named insured of operations insured by this policy. The term waste means any discarded materials of any kind including those materials to be recycled reconditioned reclaimed or disposed of. LIMITS OF INSURANCE A. MAXIMUM LIMITS OF LIABILITY Waste Copyright All rights 000 Freberg Environmental Inc. reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy The Company s maximum Limit of Liability hereunder shall not exceed the separate limits of liability for damages and claims expenses specified in the Declarations irrespective of the following 1. 2. The number of claims made or The number of persons or organizations making claims or The number of persons covered hereunder or The number of pollution conditions which arise or The types of damages awarded. B. SEPARATE AND SPECIFIC LIMITS OF LIABILITY Copyrigh All rights reserved. As specified in the Declarations 1. The Damages Limit for Each Claim amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for damages that arise out of any one claim The General Aggregate Limit for Damages Other than Products Completed Operations amount shown in the Declarations is the maximum amount the Company will pay under all Coverage Parts combined that form a part of this Policy for all damages arising from covered claims other than those included in the products completed operations hazard The Claims Expense Limit for Each Claim amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise out of any one claim that is covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts The Claims Expense Aggregate Limit amount shown in the Declarations is the maximum amount the Company will pay for all claims expenses that arise from covered claims that are covered under either or both of the Contractors Pollution Liability andor the Professional Liability Coverage Parts. The Limits of Insurance 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 000 Freberg Environmental Inc. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If this Policy and any other Policy providing coverage by the Company or any affiliate company apply to the same pollution condition or series of related pollution conditions the aggregate maximum Limit of Liability payable under all of the policies combined shall be limited to the amount of the highest applicable Limit of Liability payable under any one of the policies. Related pollution conditions are those pollution conditions that arise out of are based on relate to or are in consequence of the same facts circumstances or situations. The Limits of Insurance shown in the Declarations shall apply in excess of the Deductible amount shown in the Declarations. IV. DEDUCTIBLE As respects each claim first made against the insured the named insured shall be responsible for payment for that amount of damages or claims expenses indicated in the Declarations as the Deductible amount. The Company shall not be responsible to make any payments for either damages or claims expenses or any coverage or payment provided pursuant to Section I.B. Supplementary Coverages and Payments unless and until the full amount of the Deductible has been paid by the named insured. Should the Company for any reason pay the entire amount of damages claims expenses or supplementary payments without regard to the Deductible amount the insured will reimburse the Company within 30 days of the Company s request for such reimbursement for that part of the Deductible Amount which has been paid. V. EXCLUSIONS The Company shall have no obligation whatsoever under this Policy to make any payment of any kind for either damages claims expenses or any coverage or payment provided pursuant to Section I.B. Supplementary Coverages and Payments or to arrange for provide or pay for any defense for A. Any claim by any past or present insured against any insured however this exclusion does not apply to additional insureds under this policy or B. Any claim made by or on behalf of any business enterprise not shown on the Declarations Copyright 2000 Freberg Environmental Inc. All rights reserved. ECC311 0712 | 2 |
Contractors Pollution Liability Policy ADMIRAL 2555 Contractors Pollution Liability Policy Copyright All rights reserved. 2000 Freberg Environmen 1. Which is was or will be owned in whole or in part by any past or present insured or 2. Which owned in whole or in part at any time the named insured or Any claim arising from any insured s intentional willful or deliberate non compliance with any statute regulation ordinance administrative complaint or notice of violation notice letter executive order or instruction of a governmental agency or body or. Any claim arising from an illegal dishonest fraudulent criminal or malicious act by any insured or Any claim which arises from or is related to any collision or accident involving an automobile truck boat watercraft airplane helicopter or other aircraft or vehicle of any kind or type or Any claim arising from any of the following relative to a contract any insured has entered into with a client 1. Any assumption of the client s sole negligence or legal liability by or 2. Any failure by any insured to perform or provide a good or service by a date stipulated in a contract with a client or 3. Any liquidated or stipulated damages under a contract with a client of any insured unless the same type of damages would attach without the existence of the contract or. Any obligation of any insured under workers compensation disability benefits unemployment compensation employee benefits pension sharing ERISA law or any similar law or. Any claim for wrongful termination discrimination or any unfair employment practices or Any claim arising out of any waste or other kind of products or materials transported shipped or delivered via any automobile aircraft watercraft or rolling stock to any location located beyond the boundaries of a site at which any insured has performed any contracting or site remediation services. Any claim for any property damage to any real or personal property that was owned in whole or in part or was rented occupied or in the care custody or control of any insured at any time. ECC311 0712 | 2 |
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